Family Law Attorneys

Many people handle routine family law matters without retaining an attorney. In Maryland as well as the rest of the nation, self-representation is on the rise. Family mediation is also a process that is often handled by the parties without representation by counsel. Others decide they should retain attorneys to review a document or handle parts of the case.

• When you should not represent yourself
• Finding an attorney who will serve you well
• Family Law Hotline

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• Elder Law Attorney
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General Information on How to Find an Attorney

This library includes tools to help you decide if you should handle your own divorce.

If you have a pension or a large amount of property or income it is certainly advisable to consult an attorney before you sign a final agreement. An attorney can also be very helpful in advising you during the mediation itself. You can save substantial legal fees on routine matters by finding an attorney who will provide you with discrete services when you need it, and then handle the rest of the paperwork yourself using resources in this Library and other Domestic Relations pro se forms that you can secure from the Clerk's Office at any Maryland Circuit Court. 

When You Should Not Represent Yourself

It is not advisable to represent yourself if you have a contested custody matter, if you have substantial property, if there is a dispute over pension rights, or there has been domestic violence within the relationship and your spouse is uncooperative and refuses to agree to a divorce. In all of these cases, representation by counsel is advisable.

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Self-representation is a process that works best for those with routine and uncontested legal matters and for those who can master the steps necessary to get from filing the complaint through the final hearing.  

Finding An Attorney Who Will Serve You Well:

Only Hire a Lawyer With Expertise in Family Law. A lawyer who normally handles personal injury law or corporate matters will not be of much use in a divorce since he or she may not have better understanding of family law than you. There are no specialty designations for attorneys in the State of Maryland, so attorneys cannot state that they specialize in family law. However, firms are permitted to state that they limit their practice to family law, which means that they do not practice in other areas of the law. Another indication that a law firm has expertise in family law is if the firm is known to take on pro bono cases in family law. A pro bono case is a case that the firm takes on for no fee or a reduced fee because the client is financially eligible for such assistance under criteria established by local or the Maryland State Bar Association. You can also ask what percentage of the lawyer's practice is devoted to domestic law cases.

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Always have a written agreement. Do not hire a lawyer based on an oral agreement. That only leads to misunderstandings. Instead, be sure the fee agreement (called a retainer agreement) is in writing and that you understand all of its terms.

Family Lawyers Usually Charge "By the Hour." That means you are going to have to keep a sharp eye on the bill. Thus, do not accept a bill that reads, "fees for services rendered." Rather, insist on a detailed monthly billing statement. If you find a mistake or there is a charge you don't understand, bring it to the attention of your lawyer. Some lawyers are experimenting with a new form of practice call "unbundled" legal services. These lawyers will charge you just for the advice that you need, usually on an hourly basis, to support you in your mediation and after as a pro se litigant. In this case, you will still file your own legal papers, but the lawyer will be available to provide you with legal advice if you need it.

Don't Be Passive. Just because you have a lawyer, that doesn't mean you do not have a job to do. You should ask questions and read the material in this web site to better understand the law and the process. You - not your lawyer - should make the ultimate decisions about how to proceed with your case. After all, it is your life and your future that is at stake, not your lawyer's.

Here are some sample questions you will want to ask your lawyer. You may also want to add more of your own.

• How long will the whole process take?
• What will be happening step-by-step?
• What is your best estimate of the fees I will be charged?
• How much will the costs be? (Costs are all "out-of-pocket" expenses that are incurred to support the litigation. Examples are court filing fees and paying court reporters for deposition transcription services. Costs can mount into the thousands of dollars in contested cases.)
• Will I be asked to pay the other sides attorneys' fees? (Can I have my spouse pay my attorneys' fees?)
• Can I get custody? Will I get property? Can this be done? If not, why not? If so, what are the problems we face in getting what I want?
• How much support should I ask for (or offer to pay)?
• How can I be sure that I get my visitation, child support, alimony, etc.?

Ask about whatever you don't understand or think you may not understand. Also, listen to what the lawyer says. Part of his or her job is to educate you about what you will be going through. (You may want to take notes for future reference.) Remember, you have the right to answers. Never accept a condescending answer such as, "It's too complicated, you wouldn't understand." And especially don't accept, "Trust me, it's all under control."  Do not expect your attorney to answer certain questions (i.e. about custody or property) immediately with precision.  You should be weary of an attorney who makes statements like, "I guarantee you will get custody," or "I will make sure you will get all your property." 

Family Law Hotline

Family Law Hotline – The Family Law Hotline (1-800-845-8550) provides general family law information by attorneys over the telephone for low and moderate-income people.  Hours are Monday-Friday, 9:30 a.m. – 4:30 p.m.  The Hotline was developed by the Women’s Law Center and is jointly operated with the Legal Aid Bureau.

Last Legal Update 01/16/08 (PLL/M.A.J)

About this website. The Maryland State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. The website was developed (1999-2007) as part of an access to justice initiative by the Maryland Legal Assistance Network (MLAN) in collaboration with a number of legal services providers serving low and moderate income Marylanders.  In the absence of file-specific attribution or copyright, the Maryland State Law Library may hold the copyright to parts of this website. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – www.peoples-law.org. © Maryland State Law Library, 2007.”

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