Common Questions
Family lawyers answer some of the most frequently asked questions about the lawyer-client relationship.

• "I don't feel that my lawyer is answering my questions. What can I do to change this?"
• "Should I tell my lawyer the whole truth? There are things I would like to keep to myself."
• "I need to discuss certain aspects of my case. Can I call my spouse's lawyer if mine is out of town?"
• "Can I fire my lawyer?"
• "How can I make more effective use of my attorney if I am mediating my divorce?"
• "Can I object to the amount of fees charged by my lawyer?"
• "Is it okay for me to have a sexual relationship with my lawyer?"
• "What if my lawyer doesn't return my calls?"
• "What if I don't agree with my lawyer regarding tactics and strategies? Can I get a second legal opinion without firing my lawyer?"

It is very important that your lawyer responds promptly and appropriately to your questions concerning the case. Frequent communication will help you understand the process. Your lawyer should explain each step of the case and the strategies that he or she plans to use in achieving a good result for you. Answers to your questions should be in understandable terms. If the explanation is not clear, you should not be bashful about asking your lawyer to clarify his or her comments.

Your lawyer has a responsibility to answer your questions for two reasons. First, it's a part of his or her job to keep you informed and to respond to your questions. When a divorce lawyer takes on a case, he or she should realize this. It comes with the territory.

Secondly, Illinois lawyers are required by law to keep the client informed. Section 508 of the Illinois Divorce Statute states that, "The counsel will keep the client reasonably informed about the status of representation and will promptly respond to reasonable requests for information..."This is the law, and your divorce attorney must comply.

You must make your questions known to your lawyer. You should do this in a clear and concise manner. It's a good idea to write your questions down so that you will cover everything when you speak with your lawyer. Be sure to take notes of your lawyer's answer. You might want to leave space on your pad after each question for your notes of the lawyer's answer.This way, you will have a record of your questions and the lawyer's answers, and you can look back at this information as the case progresses.

Your lawyer will most likely bill you for the time on the telephone in dealing with your questions. This is money well spent because staying well informed is so very important. You can save money by waiting to call your lawyer until you have several questions rather than making separate calls for each question.

If your lawyer does not respond to your telephone calls, send him a letter. Tell him in the letter that he has not returned your calls and ask him to call you. Also tell him that you have questions and need answers from him.

If you still don't hear from your lawyer after the calls and the letter, it's probably time to hire a new lawyer. It is not uncommon for parties to switch lawyers during a case. If this happens, your lawyer is required to turn over all of the papers and to refund the unused portion of your retainer.

Remember, your lawyer works for you, not vice versa. If you are not comfortable with the relationship, don't hesitate to move to a new attorney. The divorce process is difficult, but a good relationship with an attorney who is responsive to your needs makes things much easier.

Jay Frank is an experienced matrimonial attorney with 30 years of practice. He has handled numerous trials.

This question raises one of the most interesting issues that someone going through a divorce might encounter. We can feel so utterly exposed, so naked, so besieged, that the thought of revealing the whole truth -- to anyone -- can be unsettling. Perhaps for the first time in our lives, with so much at risk, we may feel the strong urge to deceive even our own closest advisors. And telling the truth could appear to be the equivalent of signing our own death warrant. There are so many things that we might prefer to keep to ourselves. The savings account where I've been hiding my bonuses. My plans for moving out of state with the kids as soon as he signs the dissolution agreement. The "lost document"that she requested in discovery. And so on.

There are at least three levels at which this issue can be addressed -- legal,ethical and practical. At the legal level, failure to inform one's lawyer or even mediator of matters that are directly relevant to the case can have severe consequences. Dishonesty, when discovered or even suspected by a judge, can result in sanctions, including orders that impair or prevent you from presenting evidence in court. As a mediator, it is my practice to withdraw from any case in which I learn that a party has failed to disclose a requested material fact.

But, as we all have learned by now, not all deception is detected. The human mind seems especially well-suited by evolution to mislead those who threaten us. Deception is an expression of mistrust, and signals an unwillingness to rely on the very experts we have hired. It destroys the pact of good faith that sustains a relationship of confidence. Partial disclosure inhibits the ability of these allies to be useful, especially at a time when we most need them. They may know how to help manage the consequences of the "hidden truth"in ways that you could not have anticipated. So nondisclosure may simply be unwise.

The third level is often the most important. Divorce is a moral challenge and a test of character. How we handle the adversity will determine what kind of person we will have to live with from here on out. Even if no one else knows, even if it all "works out", we all have a conscience that will hound us like harpies. The sacrifice of integrity may seem like a small price to pay at the time, but it has a tendency to accumulate a lot of interest over the years.

Divorce can isolate and make us feel alone under the best of circumstances. It's a time when we need allies, trusted confidants. If you can't trust your lawyer or your mediator, then find one to whom you can entrust the truth.

Brian Muldoon is a mediator and consultant practicing in Evanston, Illinois and is the author of The Heart of Conflict.

No. It is improper for you to contact your spouse's attorney if you are represented by another attorney. Further, it's unethical for your spouse's attorney to even speak to you if you're represented by another attorney. If you call opposing counsel, you'll most likely be told that the attorney cannot or will not speak to you, and the attorney will advise your attorney of the telephone call and that he/she didn't speak to you.

One of the major advantages of the relationship you have with your attorney is the attorney-client privilege, which means that your lawyer can't divulge anything you discuss with him/her. This privilege does not extend to your spouse's attorney -- even if it's a friendly divorce -- so anything you say to the opposing lawyer can be used against you. Your attorney is better equipped than you are to determine what should be discussed with opposing counsel.

Most attorneys advise their secretaries and paralegals of the status of each case before they go out of town for any length of time. In addition, arrangements are typically made with another attorney to handle emergencies. If it isn't an emergency, it's best to wait for your attorney's return; if it can't wait (for instance, your spouse is moving to Alaska with the kids tonight), inform your lawyer's office of the emergency and ask to be connected with your attorney or his/her replacement immediately.

Linda R. Crohn is a partner at Shimberg and Crohn, a firm concentrating in family law in the Chicago area.

Ideally you and your attorney should work together as a team to arrive at the best possible outcome given your particular circumstances.

When the attorney-client relationship disintegrates, either you or your attorney has the right to fire each other. Legally, a firing or discharge is known as "withdrawing."Before taking such an action, you should sit down with your attorney and discuss your dissatisfaction or frustration with the case, as you may be able to resolve your differences and continue working together. You should also consider seeking a second opinion from another attorney before you decide to terminate your relationship with your present attorney.

Perhaps your lawyer is giving you sound advice and strategies, and the source of your frustration is actually the delays inherent in the legal system or the communication you are receiving from your attorney. Discussing your concerns with your attorney will help clarify if you're getting "your money's worth."

On the other hand, the attorney-client relationship may be damaged beyond repair, and the best possible course of action is for your counsel to withdraw. When this happens, typically your attorney will draft a motion to withdraw, send you a copy of the motion prior to the court date, and present the motion to your assigned judge. Typically, the judge will grant the motion to withdraw and allow you time to find a substitute counsel or file an appearance to represent yourself. In Illinois, no motion by either party can move forward for 21 days after your attorney withdraws. The 21-day period is the time you are given to obtain new counsel.

There are instances in which a judge will not allow your counsel to withdraw, however, such as: your case is on the eve of trial; your counsel is the umpteenth attorney on the case; or the judge perceives the withdrawal as a tactic to prolong litigation.

You should also keep in mind that your lawyer may desire to terminate the attorney-client relationship. A lawyer may become disgruntled for lack of payments; however, the new "level playing field"statute in Illinois may assist the lower-income generating spouse in obtaining legal fees. Attorneys also need their clients to follow through on document production, meet with experts, and to act in accordance with the advice given. Non-cooperation with these requests may result in an attorney terminating a relationship with a client.

If you think you can save money by firing your lawyer and representing yourself, you should be aware that the court will hold you to the same standard as an attorney if you decide to represent yourself. Your ignorance of the law could ultimately harm your case.

If you're dissatisfied with your attorney, the best course of action is to seek a second opinion. You may determine your retained counsel is adequately representing your case but just not communicating with you frequently or clearly enough, or a second opinion may confirm that you need to hire a new lawyer.

Joy M. Feinberg of Feinberg & Barry, P.C. has practiced family law in Chicago for the past 21 years. She is past-president of the Illinois Chapter of the American Academy of Matrimonial Lawyers.

Your attorney is an important part of the mediation team. Properly trained mediators will insist that you and your spouse each have an attorney available between sessions for purposes of consultation. Your attorney thus serves as a resource -- someone to turn to for information about divorce law. Mediation depends on the participants making informed decisions, and your attorney can assist you to become an informed party in the mediation. The mediator relies on the attorney to give clients realistic assessments and feedback.

Early in the mediation process -- perhaps even before it starts -- ask your attorney about the likely range of outcomes he or she would anticipate if the case were to proceed through the court system. This gives you a context in which to evaluate proposals being discussed in the mediation. You should also ask your attorney to help you identify issues of importance from a legal point of view. Attorneys are good problem solvers: your attorney can help you identify and prioritize some of the options available to you.

As the mediation progresses, remain in frequent contact with your attorney. Call the attorney between sessions and update him or her on the status of the mediation. Discuss any areas of concern and the agenda for the next session. If you're having a problem, ask your attorney to call the mediator.

When you approach the negotiating phase of the mediation, ask your attorney to coach you before the session. If you're like most people, you do little formal negotiating in your day-to-day life, so ask your attorney to provide tips and techniques that could help create a positive outcome. If you still feel uneasy, consider asking the mediator to permit the attorneys to sit in on the mediation itself.

Finally, listen to the points and concerns your attorney has to offer. Although you're the one who's ultimately responsible for making decisions in your divorce -- and will have to live with the outcome -- your attorney has a wealth of experience upon which to draw. Consider what he or she has to say before making your decisions.

Jerald A. Kessler is an attorney and mediator in Highland Park and president of the Mediation Council of Illinois.

A client may object to the reasonableness of fees charged by his or her lawyer by filing a Petition for Settling of Fees. The court will then determine whether those fees are, in fact, reasonable. The court will consider the following factors:

1. Whether the work was reasonably required and necessary for performance of legal services given the circumstances of the case, considering novelty, importance, and difficulty of questions raised;
2. Attorney's degree of responsibility;
3. Time and labor required;
4. Skills and standing of the attorney;
5. Benefits resulting to clients;
6. Usual and customary charge in the community; and
7. Financial position of the parties. No clients shall be required to pay more than the reasonable value of the legal services rendered simply because he or she has the ability to do so.

The amount awarded should be fair compensation for only those services which were not unreasonable and unnecessary to the action. A mere compilation of hours and hourly rates will not necessarily justify the award of attorney fees as requested. An attorney must specify the services performed, by whom they were performed, the time expended, and the hourly rate charged. Finally, a client should keep in mind that the court will award fees to attorneys if the above factors are satisfied.

Lawrence W. Byrne is a family law practitioner at the Law Offices of Byrne, Nadborne & Associates. Their other areas of practice include employment law and consumer fraud.

Although it's easy to understand how and why clients and lawyers could cross the line from professional to personal relationships, a client should never enter into a sexual relationship with his or her lawyer. In fact, in Illinois and many other states, the Rules of Professional Conduct prohibits a lawyer from having a sexual relationship with a client; a lawyer is subject to severe sanctions for violating this rule, including possible suspension of his or her law license.

There are many reasons for both the client and lawyer to maintain a purely professional relationship, especially when the case involved is a divorce. Husbands and wives in the throes of divorce are on an emotional roller-coaster. Clients often come to depend on their attorney not just to handle the legal aspects of the case, but to act as therapist and best friend. The lawyer becomes the proverbial shoulder to cry on, and, as the case progresses, the lawyer and client spend increasing amounts of time with one another, discussing very personal and emotional issues.

However, both the client and the lawyer face problems once the line is crossed and a sexual relationship develops. An unscrupulous attorney can easily take advantage of a vulnerable and emotionally distraught client. Knowing that the client will follow whatever advice the lawyer gives, he can get away with anything -- including overcharging and encouraging either a settlement or a trial for the wrong reasons, rather than simply acting in the client's best interests. Likewise, a lawyer should be wary of a client who wishes to have more than professional relationship. The lawyer may not only be investigated and face possible suspension or loss of his license, but may permanently jeopardize his reputation and open himself to a legal malpractice suit when the case and the personal relationship end.

An attorney in downtown Chicago, Beverly Pekala has extensive experience with women's rights, custody issues, and financial settlements. She is also the author of Don't Settle for Less: A Woman's Guide to Getting a Fair Divorce and Custody Settlement.

One of the most difficult tasks for a divorce lawyer is to return all the calls received during the course of a day. When I'm engaged in trial or involved in handling an emergency situation, I often find it difficult to return telephone calls immediately. However, I try to return all of my client's calls the same day -- even if only to explain that I can't discuss the particular problem right now, but would be happy to make arrangements to speak with them the following day.

If the problem just can't wait, I either attempt to discuss it at that time or refer the client to one of my associates for advice and counsel. I'd suggest that you contact your lawyer and explain to him or her how difficult a time you are having and how frustrating it is not to have your phone calls returned. Ask your lawyer to return your calls the same day -- even if just to touch base with you or leave a message acknowledging your call and arranging an appointment to speak. You could also suggest that if your lawyer is unable to return a call, a paralegal or secretary could let you know that your concerns have been conveyed to your attorney.

Do you have access to e-mail? Many lawyers are happy to communicate via e-mail because they can respond whenever they have a break in their busy schedules.

Oftentimes clients make calls to lawyers merely to inquire, "Is my deposition going ahead next week?"or "Have you heard from my husband's lawyer?"Ask whether your lawyer would prefer to receive such routine questions via e-mail, fax, or voicemail; he or she could then reply via the same medium.

If none of these strategies work, then you need to decide whether or not your lawyer is properly representing your interests -- which is doubtful if neither your lawyer nor anyone in his or her office is returning your calls. Consider changing lawyers if yours is unwilling to meet your needs with respect to communication.

Howard W. Broecker has specialized in the area of family law for over 25 years. A practicing divorce lawyer and mediator, his primary practice is in Dupage and Kane County areas.

In general, a lawyer has numerous professional responsibilities to a client. The lawyer is required to abide by the client's decisions concerning the objectives of the representation; the lawyer is required to consult the client as to the means by which those objectives are to be pursued; the lawyer is required to act with reasonable diligence and promptness in representing the client; the lawyer is required to keep the client reasonably informed about the status of the case; and the lawyer is required to explain matters to the client in order to help the client make informed decisions concerning the representation.

To successfully represent a client in a divorce or custody case, the lawyer should have:

• an extensive knowledge of family law;
• many years of actual experience representing clients
• the ability and dedication to listen carefully to all of the client's concerns and questions, and respond to them with a genuine understanding of the client's needs.

Ideally, the lawyer and the client should work together as a team for the client's benefit. In these very personal cases, communication is essential, and every client is entitled to take an active role in the case.

If the client doesn't understand the lawyer's tactics or strategies, or disagrees with them, he or she should discuss it with the current lawyer in order to reach an agreement as to the manner in which the case should be handled. However the client may choose to obtain a second legal opinion, at any time, concerning any matter.

The client can obtain a second opinion before or after retaining the initial lawyer. The client may seek the advice of the second lawyer privately (without informing the first lawyer), or may choose to tell his or her lawyer about wanting a second opinion.

No lawyer has all the right answers to every question of law, tactics or strategy. Getting a second legal opinion may help the client achieve a more informed understanding of the law, the judicial process, and the client's choice of legal counsel.

Steven D. Gerage, J.D., is a lawyer with Chicago-based Rinella and Rinella Ltd. He devotes his practice to representing his clients in divorce cases as well as negotiating and drafting premarital and marital settlement agreements.