How To Choose A Family Law Attorney

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How To Choose A Family Law Attorney

January 25, 2024

What should you consider before retaining counsel?

Making the decision to proceed with a divorce or family law matter is a very difficult and emotional process. The idea that you need to think about the division of your assets, sharing time with your children, and your financial future requires a great deal of consideration and overcoming a lot of fear. “Family Law Attorneys” exist to guide you through this process. But with so many options out there, how do we choose the right fit? Here are some tips we hope can help you in starting this journey:

Experience

When selecting an attorney, you want to know you’re in capable hands. Whether your case involves a divorce (“dissolution of marriage”), custody (“allocation of parental responsibilities”), or child support, selecting an attorney with experience is crucial to ensuring effective representation and achieving favorable outcomes. There are many different factors to consider when determining if your prospective attorney has the relevant family law experience. The best place to start is in a consultation with the potential attorney and reviewing the following information with them. Remember that *you are the client*, and you decide who provides these important services to you. Interview at least 2 options, so you can see how different offices operate.

Opfer | Campbell | Beck P.C. offers a free 60-minute consultation, which will allow you to meet with one of our attorneys to discuss the facts and legal considerations in your case. During a consultation, you can receive an analysis of the legal issues and understand the attorney’s approach to handling cases, their strategies, and trial experience. Our attorneys collectively have over 35 years of legal experience, with a vast majority of that dedicated to family law issues.

Communication

An attorney that is responsive and keeps you informed about the progress of your case can help you to feel supported and confident. Ask your prospective attorney about their communication policies because timely communications are essential for a successful attorney-client relationship. When determining whether to hire someone, also consider how well they explained legal concepts and their ability to actively listen to the details you explain. Find an attorney who provides you with valuable education, who takes the time to answer your questions thoughtfully and thoroughly, and who gives you confidence this process will be completed efficiently.

Transparency

Find an attorney that is going to be honest with you about potential outcomes and issues in your case—both good and bad. Evaluate whether the attorney takes the time to explain legal concepts in a way you can understand, and who provides a realistic assessment of your case. Do not hire someone who promises that you will receive everything you want in a case, exactly the way you want it. Staying well-informed about your situation enables you to anticipate and manage potential challenges, providing a sense of preparedness during this difficult phase of your life.

Confidence

Consider whether your prospective lawyer is prepared to advocate for your interests, even in the face of unforeseen challenges and high stress situations. A confident lawyer can assertively present a case and remain calm and composed under pressure, making well-reasoned decisions and adapt to unexpected developments with ease. Keep in mind that confidence is not synonymous with arrogance. Seek an attorney that operates with ethical integrity and adheres to a strong sense of professional and moral standards.

Teamwork

Hiring an attorney that works as part of a team offers several advantages and can enhance the overall quality of representation. Attorneys that work in a team environment can collaborate with diverse skills, knowledge, and perspectives. Working with a team also provides a broader range of resources, such as paralegals and administrative staff that can assist with tasks to lower costs. At Opfer Campbell Beck P.C., we have 5 talented attorneys, 3 paralegals, and a law clerk to assist on cases and enhance efficiency both with billing and the progress of the case.

Commitment to Your Case

Your lawyer should prioritize your needs and work towards achieving the best possible outcome for you. They should be dedicated to representing your interests and diligent in their work, including conducting thorough research, preparing well for proceedings, and paying attention to details that may affect the outcome of your case.

Compatibility

It is essential to select an attorney with which you feel comfortable and confident working. The attorneys at Opfer | Campbell | Beck P.C. recognize that family law cases can be taxing. During these difficult situations, it’s important to have an attorney that you work well with and who you believe has a level of empathy, understanding, and commitment to your case. While it’s beneficial to evaluate the factors in this blog when selecting a family law attorney, you shouldn’t ignore your instincts about the person who might represent you.

Professionalism

Find a lawyer that conducts themselves in a manner that reflects positively on both them and their clients. This includes dressing appropriately, maintaining a respectful demeanor, and treating all parties with common courtesy.

Family Law Specialization

It is completely acceptable for attorneys to practice more than one area of law, but we often hear the saying, “an expert at all is an expert at none,” and we believe there is some truth to that. When navigating complex family law issues, your attorney should have specialized knowledge and expertise in the relevant area of law pertaining to your case. Attorneys that specialize tend to be more knowledgeable in their preferred area of practice, because their experience is more expansive. If a firm has multiple attorneys, a good rule of thumb is that your attorney is specialized specifically to what you need, even if other attorneys practice in other areas.

Fees & Billing

When engaging in a consultation with a prospective attorney, speak with them about your options for paying fees during your case. Every law office has its own structure, fee schedule, and payment options. Ask the attorney about their billing practices, including their hourly rates, retainer requirements, and invoicing. At Opfer | Campbell | Beck P.C., we understand that attorney fees may be an unanticipated cost, and determining how to pay these fees can be challenging at times. In addition to a much lower retainer structure than usual, we also now offer Affirm as a payment method, which is a “buy now, pay later” lender.

To assist you through the process of selecting a family law attorney, please find a downloadable guide here and consider taking the guide with you to any consultations. Remember, finding the right lawyer involves a combination of legal knowledge, experience, and personal qualities that align with your needs and preferences. The attorneys at Opfer | Campbell | Beck P.C. are here to assist you through your family law case, and you can schedule a free consultation by contacting our office at (303) 791-0995.

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Conflicts With Your HOA: A Guide for Homeowners

By Christopher Opfer • November 18, 2024

Homeowners’ Associations (HOAs) play a significant role in maintaining the quality and uniformity of communities across Colorado. While they can provide benefits like maintaining common areas and enforcing community standards, conflicts between homeowners and HOAs are not uncommon. Whether it’s a disagreement over a rule, a fine, or a request for a property modification, it’s important to know how to navigate these conflicts effectively. Here’s a step-by-step guide on what you should do if you find yourself at odds with your HOA in Colorado. Review the Governing Documents The first step in addressing a conflict with your HOA is to thoroughly review the governing documents. These documents typically include the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, architectural guidelines, and any rules, policies, or guidelines set by the HOA. Understanding the specific provisions that apply to your situation is crucial. These documents will outline the rights and responsibilities of both homeowners and the HOA, as well as the procedures for resolving disputes. Remember, your governing documents are essentially a contract between you, your neighbors, and the association. Document the Issue It’s important to keep a detailed record of the conflict. This includes saving copies of any communications with the HOA, taking photographs if the issue involves your property, and noting any relevant dates and interactions. Having a well-documented case will be invaluable if you need to escalate the matter or seek legal advice. Documentation will also often include requests for items from the association. Homeowners are entitled to have many pieces of information and documents made available to them under the Colorado Common Interest Ownership Act (CCIOA) including contact information for the board members as well as certain written communications and so many more. A complete list can be found in CCIOA C.R.S. § 38-33.3-317 and a request can be made pursuant to C.R.S. § 38-33.30317(2)(a). Communicate with the HOA Board Before taking any formal action, try to resolve the issue directly by communicating with the HOA board. This could involve writing a letter or requesting a meeting to discuss your concerns. Be clear and concise in your communication, and refer to the specific provisions in the governing documents that support your position. Often, open and respectful communication can resolve issues before they escalate. Attend HOA Meetings HOA meetings are an opportunity for homeowners to voice their concerns and hear the board’s perspective. If you’re facing a conflict, attending these meetings can be beneficial. Not only can you present your case, but you’ll also be able to gain insight into the board’s decision-making process and see if other homeowners share your concerns. Request a Hearing If your issue remains unresolved, you may have the right to request a formal hearing with the HOA board. This process is typically outlined in the governing documents. A hearing allows you to present your case in a more structured setting, and the board is required to consider your arguments before making a final decision. Seek Mediation In Colorado, many HOA conflicts can be resolved through mediation, which is often quicker and less costly than going to court. Mediation involves a neutral third party who helps facilitate a resolution between you and the HOA. This option is particularly useful for disputes that involve interpretation of rules or where both parties are willing to negotiate a compromise. At Opfer | Campbell | Beck P.C. we offer HOA-specific mediation services. File a Petition for a Special Meeting Under CCIOA and the Colorado Nonprofit Corporations Act, a homeowner or group of homeowners may file a petition with 20% of all homeowners having signed the petition requesting a special meeting of the members to address a specific issue or set of issues. This is not meant to be used for one homeowner to deal with one issue, but rather to force the board to take up an issue and hold a meeting about an issue that is pervasive or common on many homeowners. Before knocking on doors and asking for signatures, it is wise to attempt to simply ask the board to hold a meeting or put the topic on the agenda for the next meeting. If you or your fellow homeowners are considering pursuing a Special Meeting, we highly encourage you to talk to someone at our firm or at another experienced HOA firm as there are very specific requirements and processes that must be followed. Navigating this can be tricky, but we have the experience to help you. Understand Your Legal Rights Colorado has specific laws that govern HOAs, including the Colorado Common Interest Ownership Act (CCIOA) as was mentioned above. This law provides protections for homeowners and outlines the obligations of HOAs. Understanding your legal rights under CCIOA can help you determine whether the HOA is acting within its authority. If you believe the HOA is violating your rights or not following the proper procedures, you may have grounds for legal action. We offer free consultations do discuss your options. Consider Legal Action as a Last Resort If all other avenues fail, you may need to consider legal action. This could involve filing a lawsuit against the HOA seeking a declaratory judgment, for violation of CCIOA, or other legal claims. However, litigation should be considered a last resort, as it can be time-consuming and costly. Before pursuing this route, it’s advisable to consult with an attorney who specializes in HOA disputes in Colorado. Consult with a Specialized HOA Attorney Given the complexities of HOA laws and the potential for conflicts to escalate, consulting with an attorney who specializes in HOA issues can be a wise move. A specialized attorney can help you understand your rights, navigate the HOA’s governing documents, and represent your interests effectively. Whether you’re dealing with an unfair fine, a denied architectural request, or any other HOA-related issue, legal guidance can be crucial in achieving a favorable outcome. Conclusion Conflicts with your HOA can be stressful, but they don’t have to lead to prolonged disputes or costly litigation. By understanding your rights, communicating effectively, and following the proper procedures, you can resolve most conflicts in a way that preserves your relationship with the HOA and maintains the quality of your community. If you find yourself in a difficult situation, don’t hesitate to call or email us at Opfer | Campbell | Beck P.C. to schedule your free consultation. The right guidance can make all the difference in protecting your property and your rights as a homeowner. Together, we can help you bring the “community” back to the practice community association law.

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