HOW CAN I FIND A LAWYER TO REPRESENT ME IF I HAVE NO FINANCIAL RESOURCES?

QUESTION: How can I find a lawyer to represent me if I have no financial resources, but I make more than is allowed by Legal Aid?

MY RESPONSE: You might need to proceed in Pro Per, with the assistance of your local Superior Court's self-help clinic, unless you can find an attorney to represent or otherwise assist you.

If your spouse earns a good living, an attorney might be willing to take your case, either on a Limited-Scope basis to seek an attorney-fee order from the Court before taking your case on a full-service basis, or on a full-service basis from the start.

Effective January 1, 2011, as a result of the Elkins Task Force Report to the legislature, changes were made to Family Code Section 2030 to "level the playing field", by facilitating access to counsel by parties early on in the proceedings, requiring courts to make findings as to whether an award for attorney's fees and costs is appropriate, whether there is a disparity in access to funds to retain counsel, and whether one party is able to pay for the legal representation of both parties.

The appellate decision in Marriage of Hatch (1985) 169 Cal.App.3d 1213 suggested a disparity of earnings analysis, but many trial courts had ignored that decision.

Now, Family Code Section 2030 makes attorney's fee awards the standard, and not the exception.

The legislative changes were made to equalize litigating power between spouses. This section will likely advance women's rights in divorce proceedings. We need to wait until January 1, 2012 to receive new rules from the California Judicial Council to learn what information is to be submitted to the Court to support requests for attorney's fees.

Until then, we can only rely on case law, local Superior Court rules, and our experience with particular judicial officers to guide us.

If your spouse earns a significant living, don't give up before trying to find an experienced Family Law Attorney to represent you in your divorce.

Even if you can't find an attorney to take your case on a full-service basis, you might be able to find an attorney to take on one or more portions of your case on a Limited-Scope basis, or you might be able to find an attorney to assist you in consultations and preparation of legal documents for you on an Unbundled Services basis.


This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |