Frequently Asked Questions - Attorneys
Do I have to hire my own attorney?
No. Neither party has to hire their own attorney.
While both parties are more than welcome to retain their own attorneys to provide legal counsel throughout the process or to engage a limited scope attorney to review the settlement paperwork, it is not required.
My office serves as the parties’ scrivener. We draft everything including the beginning petition; all necessary supporting documents, agreements, and affidavits; the decree; and, if necessary, any required quit claim deed and satisfaction of judgment.
It is not a threat to the process if one or both parties retain an attorney. In fact, hiring an attorney is much preferred over the craziness you can read on the internet, or the unsolicited advice from your well-meaning (but not law-trained) relative!
Can we still do mediation if one of us already hired an attorney?
Yes. Hiring an attorney is NOT a bar to successfully working through mediation.
In fact, there are multiple options if one/ both parties are represented by counsel BEFORE starting mediation with Boothe Law & Mediation.
One option is for both parties to participate in mediation without their attorneys present. Each party would schedule a meeting with their own attorneys for a later date to discuss the mediation session and the upcoming and/ or outstanding decisions the parties will make at subsequent mediation sessions.
Another option is for both parties to instruct their attorneys to be on “stand-by” during the mediation session, so a party seeking independent legal advice can take a break and speak with their attorney during the session.
Finally, it’s common for the parties to agree to participate in attorney-assisted mediation. Attorney-assisted mediation is especially common in high conflict matters. Having attorneys present during mediation is especially beneficial if the parties don’t trust each other or a party feels like the other will try to take advantage.
Regardless of whether attorneys are present, no one signs their settlement agreement at the conclusion of the three-hour mediation session. Instead, to ensure that neither party feels pressured – and because each settlement agreement is specifically tailored to each individual family – the draft agreements are sent to the parties a few weeks after the session. The parties are encouraged to take as much time as they need to review and execute the agreement.