(1) having been engaged in the practice of family law for a minimum of 25 percent of the time spent in occupational endeavors during the previous five years;
(2) being an active member of the State Bar of California;
(3) passing a written exam;
(4) demonstrating a high level of experience in the field of family law by meeting specific task and experience requirements;
(5) completing at least 45 hours of continuing education in family law; and
(6) being favorably evaluated by other attorneys and judges familiar with the attorney’s work.
See the Association for Certified Family Law Specialists’ website for their article titled “Why you should be represented by a Certified Specialist” http://www.acfls.org/whychoose.php. It’s a good read.
So, is it wrong or unethical for attorneys who are not State Certified Family Law Specialists to take on family law cases? No, it is not. Attorneys, like the rest of us, are business people responsible to adjust their businesses to meet challenges they face. There are, undoubtedly, some gifted attorneys who can quickly bring themselves up to speed in a new practice area and do a sound job of representing their clients. There are also attorneys who are generalists and do a little bit of everything.
Divorce is the biggest legal issue most people will ever face. As a client, at stake are your children, your assets, your long term financial obligations, and let’s not forget the long arm of the tax man. Whether a divorce is amicable or high-conflict, there is no substitute for experience, expertise and good judgment. Choosing an attorney with little or no experience in practicing family law may mean that the person entrusted to achieve a fair custody arrangement, or a reasonable spousal support agreement, may be winging it.
The entire process of choosing a divorce attorney is like a wicked game of pin-the-tail-on-the-donkey. Relevant legal expertise is essential, but there is more to divorce than case law. Negotiations between the parties are often delicate and require an experienced facilitator with a high E.Q. who can interact productively, read the signals from opposing counsel, and create opportunities for consensus and settlement. Walter Wriston, the legendary 1980’s-era CEO of CitiBank is credited with a famous saying: “Good judgment comes from experience, and experience comes from bad judgment”. Although it can be uncomfortable, politely asking certain questions before hiring your attorney can help you find legal representation already endowed with good judgment, expertise and experience. See an upcoming post on “How to Interview an Attorney.”
