Do I even need a family lawyer?

Well, what do you need advice about? At Herlihy Family Law we primarily focus on divorce, custody, and child support cases.  However, we can also represent you in matters of adoption, help you negotiate post-nuptial and pre-nuptial agreements, and assist in your PFA (Protection from Abuse) cases. 

We can also produce simple wills, powers of attorney, and medical directives.  More complex estate and financial planning should be handled by an expert in those matters.   

Although family immigration and non-family adoptions fall under the purview of family law, we don’t handle those.  Both of those areas are very specialized, so we recommend you seek an expert for those matters. 

We occasionally get callers asking us to sue family court judges for various reasons.  Although your case may have been a family court matter, that is not a service we offer. 

How do I choose a family lawyer?

Your first consideration is the quality and amount of experience an attorney has in family law.  Here at Herlihy Family Law, it’s our specialty.  We handle cases like yours all day, every day and we get good results. One way to find a good attorney is to ask for recommendations from trusted friends and family, as well as checking Reddit, Facebook, or Google reviews.  It would also be a good idea to check the Alabama Bar Association’s website to be sure an attorney is licensed and in good standing.  Finally, you can give offices a call or check out the videos on our website for a “vibe check,” if you will.  Sometimes you can interact with a company or organization and have a good or bad feeling about whether you want to work with them.  Don’t forget to trust your gut!

Is it the right time for legal advice?

If you’re reading this blog, the answer is, “probably.”  You can always consult with us even if you don’t plan to proceed right away.  Our consultations consist of one hour with an attorney, who will discuss your case, your options, and the process.  If you don’t need us right away, you still come away with information to use at a later date.  Even if you’re not quite ready for divorce, we can help you get your ducks in a row.  If you want to modify a child support or custody agreement, we can advise you on what information you need and what strategy would be best. 

How do I hire a lawyer?

Hiring a lawyer is a relatively simple process.  We start with a short intake conversation to determine that your case is in our jurisdiction (Mobile and Baldwin Counties) and that your matter is something we can help with.  You would then move on to a consultation, which is up to one hour of legal advice with an attorney, via a meeting that we can handle in-person or via Zoom, if you prefer.  At the end of the consultation the attorney will quote you a retainer fee to move forward with your matter.  After that it’s a matter of paying and signing your contract and we’re ready to start. 

Will you take my case?

Sometimes people call and ask if we will even take their case.  We don’t operate like, for example, personal injury attorneys who only take cases they think are winnable.  Family law doesn’t exactly operate in terms of strictly win/lose scenarios because typically each side gets some things they want, but not everything.  What we want to end up with is an equitable conclusion to your matter.  We do occasionally advise consultation clients that it’s not a good time to move forward with their matter or that we may not be the best fit for their goals, but essentially, you don’t have to persuade us that you deserve representation.

Does every case require a consultation?

No, we can go straight to booking an appointment for simple wills, powers of attorney and health care directives (also known as living wills).  Everything else starts with a consultation. 

Do I need a therapist or an attorney?

The answer may be that you should hire one of each, and in fact we advise many of our clients to seek counseling in difficult divorce or custody cases.  Attorneys, however, are only legal experts.  We will do our very best to support you every step of the way, but we can’t tell you whether or not to leave your partner, or how your children will respond, or if you’ll be happier in the marriage or out of it.  A therapist or counselor can help you with those questions.

What we can do is tell you what moving forward looks like, legally speaking.  And once you know what you want at the end of your case, we can work on that with you.  We will also help you understand what you can realistically expect as a result of your legal action. 

Can you force my ex, or soon-to-be-ex, to pay my legal fees?

We get asked this a lot!  Alas, we can’t force them to pay your legal fees. We can always ask the judge to order the other side to pay your legal fees, but that decision is in the judge’s discretion and is not guaranteed.

Can you also help me with an associated criminal case? 

Even if the criminal case is domestic in nature, that’s a job for a criminal lawyer.  You can certainly discuss it in your consultation and request a referral. If you do have an associated criminal case, we will certainly cooperate with your criminal attorney once we represent you.

How do you communicate with your clients?

Here at Herlihy Family Law, we pride ourselves in keeping our clients informed of and involved with every development in their case.  We use a client portal that is shared by all involved staff members, which is accessible to clients 24/7 on the web and on a phone app.  Unlike email, the client portal is a secure messaging system, much like what you might use at a doctor’s office.  We make a point of being responsive, we share every legal document with our clients, and we are happy to answer questions along the way so that you understand exactly what is happening in your case. 

When you are ready, or if you have questions, just give us a call at 251-432-7909 or Request a Consultation here.

Author: Jill Chancey

Jill Chancey is a New Orleans native who has called Mobile home since 2019.  She attended Trinity University in San Antonio, majoring in Art History and English.  She also has an MA and a PhD in Art History.  After earning a certificate in Paralegal Studies, she pivoted to the legal profession after several decades as an art historian.  In her free time she enjoys science fiction, art museums, and collecting and reselling vintage design.