Only through the use of experts can the family lawyer address the multitude of issues so as to present them to the opposing counsel in an effort to settle the client's claims without litigation or to present the claims to a court in such a way as to be convincing and efficacious.
This requires the family law practitioner to analyze each area of the client's concerns and match it up with the appropriate expert who can demonstrate and document the client's claims in. each area such as:
- Monthly expenses - accountants and financial consultants analyze client's needs and project an appropriate budget.
- Valuation of business or professional practice, pensions, real and personal property - accountants, appraisers and other qualified experts.
- Imputed income or earning capacity - vocational rehabilitation experts quantify the client's earning capacity or demonstrate the opposing party's voluntary impoverishment.
- Custody and visitation disputes - the evaluation by psychologists, psychiatrists, and social workers support the client's position.
- Post-divorce parenting issues - professionals, usually psychologists and licensed social workers meet with parents individually and together to address parenting issues, which are often divisive and emotional.
The family law lawyer develops the legal analysis of the case, which is supported by the factual predicate including supporting witnesses, provided by the client and from which experts provide their opinions as tools for the lawyers presentation of the case.
Sometimes the family law lawyer will utilize experts merely as an aid for analysis or in assisting the cross-examination of the opposing party or opposing expert.
After the divorce case or family law case with other issues has been concluded, the lawyer's responsibility may continue in assisting the client through the transition with the assistance of mental health professionals, accountants and financial planners and lawyers in this firm who specialize in estate planning, taxation, corporate, real property, pension and bankruptcy law.
For more information on this article, contact Richard D. Rosenthal at 410/752-9730.