Lawyers: Build Rapport With Custody Evaluators, GALs, Judges
As a family lawyer, you need to form good working relationships with other legal professionals in your area. Family law is a system, and you're one person in it. You can't do it alone.
When other professionals understand your work and respect your character, you're better equipped to deliver a good custody outcome for your client and their child.
Working with custody investigators
Upon learning what a custody evaluator or guardian ad litem (GAL) plans to tell the court, your client may become more willing to settle — saving them time, money and heartache. The investigator knows this, and you'll build professional rapport with them if you show that you get it too.
Let your client know that:
- If the investigator finds information that casts your client in a bad light, your client can take the opportunity to propose a fair settlement and avoid trial.
- If your client is thinking of requesting an investigation, they shouldn't reach out directly to someone who may serve in this role; doing so creates the appearance that the professional is biased in their favor.
- Your client should cooperate promptly and honestly with all steps of the custody investigation.
- A custody investigator takes note when a parent is aware of their child's medical conditions, teachers' names, activities, schedule and so on, and is less impressed when they're not.
- A good parent can set aside their own preferences or conveniences and step up to do what's best for their child.
- An evaluator or GAL isn't your client's enemy or adversary; they're looking out for the child's well-being. There's a reason why a GAL is sometimes called a best interest attorney.
By making it clear that you're participating in the process capably and respectfully, you build rapport with the custody evaluator or GAL. Your client is also happier when they feel they're getting the best possible resolution to their child custody case.
As you begin this process, it's important to understand the scope of what the custody evaluator or guardian ad litem is authorized to do. If you're not sure, check on the nature of their court-appointed role. The court should put it in writing.
Working with mediators
If your client and their ex can speak constructively with each other, you may offer to facilitate that conversation along with the opposing counsel. But if you're not skilled at doing so, or if they need more structured guidance to reach a formal agreement, you may want to recommend a mediator.
Find out the specialties of local mediators so you can make appropriate referrals. If you regularly recommend a few mediators, you'll quickly build relationships with them. While this won't help your clients get their way, it will make your interactions with the mediators more pleasant — for instance, you may convince a friendly mediator to fit your client in sooner.
Also, find out whether the mediator allows attorneys to attend the sessions and if they really want you there. Your presence may help or hinder the process; pay attention to cues.
Working with judges
Over time, you'll learn what your local family judges tend to order in divorce and custody cases. For example, each judge may have a schedule they tend to recommend; you can ask the court clerk for a copy. Knowing a judge's preferences will guide you in making proposals they're likely to approve.
Prepare your client for what you believe the judge wants to see or is likely to order. Your client will have an opportunity to adjust their expectations, practice answering relevant questions, and develop a positive attitude toward the process. The judge will appreciate your effort in preparing your clients well.
Working with parenting coordinators
Sometimes, after parents receive a court-ordered parenting plan and schedule, they have difficulty interpreting or implementing it. Rather than reopen the whole case, the best option may be working with a parenting coordinator, who can make a legally binding decision on whichever point is sticky for those co-parents.
Find out which sorts of conflicts are routinely encountered by parenting coordinators in your area. Draft parenting plans and schedules that avoid these uncertainties. The parenting coordinators will appreciate your attention to detail. Complete, detailed documents make their job easier.
Tips for progress in a family case
Take cases you're qualified for. Be willing to turn down a case you're not equipped to handle or that doesn't match your firm's branding and focus. Other professionals can appreciate you more when they understand your strengths.
Keep the child's needs at the center. When you talk to your client, frame conversations around how they'll support their child's needs, not around "winning." The same applies to your conversations with the other party — and the opposing counsel will respect you for it.
Play fair with other legal professionals. When dealing with parenting issues, don't try to intimidate other professionals, obstruct access to information, make unreasonable last-minute requests or delay the process. Playing games or stoking arguments doesn't serve the child's best interests.
Acknowledge when the other side makes a valid point. Encourage your client to credit to their child's other parent where credit is due and, likewise, to own up to their mistakes. Other legal professionals want to hear each parent tell a truthful narrative. When your client is fair and reasonable, they make you look reasonable too.
Move toward a resolution. Advise your client not to drag out the argument or dwell in bad feelings. Success is based on how you solve the problem.
Staying organized
Other legal professionals appreciate when your arguments are fact-based. Everyone does their work better when you share custody documentation that is clear and organized.
In the Custody X Change online app, you can make:
You can also collaborate with your client as they keep a custody journal, track expenses, and message their co-parent through the app.
Custody X Change helps you develop and maintain a good rapport with the people you work with.