The Biggest Mistakes People Make Before Hiring an Attorney (And How to Avoid Them)
Waiting too long to seek legal advice, signing documents without understanding them, discussing your case publicly, and failing to preserve evidence are among the biggest mistakes people make before hiring an attorney. During a divorce, custody dispute, or another legal matter, these decisions can limit your options before a lawyer reviews your case.
People often try to resolve problems themselves, rely on advice from friends, or assume a situation will improve. However, some early mistakes can be difficult to correct.
At Oleen Law Firm, we help clients identify legal risks, review important documents, and understand their options before making significant decisions. Our Manhattan, Kansas, firm serves clients in Junction City and the surrounding areas. Contact us now to schedule a free consultation.
Why Early Decisions Matter
Legal matters often involve documents, deadlines, and statements made before a case reaches court. A signed agreement, text message, or missed deadline may affect your legal options.
In a Kansas divorce, for example, the court must incorporate a separation agreement into the divorce decree if it finds the agreement valid, just, and equitable. However, provisions involving minor children remain subject to court control.
Once approved, provisions unrelated to minor children generally cannot be modified unless the agreement permits changes or both parties subsequently consent. Seeking Kansas family law representation before signing may help you understand these restrictions.
Common Mistakes to Avoid
Many legal mistakes happen before people realize they need professional advice. Here are eight common mistakes and how to avoid them:
Waiting too long to get advice: Legal matters often involve strict deadlines. If you've received court papers, a settlement offer, or notice of a potential claim, check the deadlines and seek advice promptly.
Signing documents without review: Agreements, releases, and settlement proposals may create enforceable obligations. Have an attorney explain the terms and possible consequences before signing.
Discussing the case on social media: Posts, photos, and comments may become evidence if they meet applicable court rules. Avoid discussing your dispute online, but preserve existing relevant posts.
Negotiating directly with the other side: Statements and proposed compromises may affect your position, although evidence rules protect certain settlement discussions. Understand what rights you may be giving up before agreeing to terms.
Moving, spending, or hiding money or property: In divorce proceedings, concealing assets or making improper transfers may affect property division or violate court orders. Maintain financial records and seek advice before making unusual transfers.
Deleting messages or records: Destroying evidence you have a legal duty to preserve can lead to serious consequences. Keep relevant emails, texts, and financial records, even if they don't support your position.
Relying on online forms or a friend's experience: Laws and legal procedures vary. Check whether a form meets Kansas requirements and applies to your circumstances.
Making major decisions involving children without legal guidance: Kansas generally requires a parent with qualifying custody or parenting-time rights to provide at least 30 days' written notice before changing a child's residence or taking the child outside Kansas for more than 90 days. Specific notice requirements and exceptions apply. Review existing court orders before relocating or changing parenting arrangements.
How to Prepare Before Meeting With an Attorney
Preparing for your first consultation helps your attorney understand the situation and identify potential concerns. These five steps can make the meeting more productive:
Gather documents: Bring court orders, agreements, financial records, and relevant correspondence.
Create a timeline: List important events, upcoming hearings, and legal deadlines.
Preserve communications: Save relevant texts, emails, and other records.
Prepare questions: Ask about the attorney's experience with similar cases, fees, potential costs, and next steps.
Be candid: Explain the full situation, including unfavorable facts. Kansas law protects qualifying confidential attorney-client communications, and professional conduct rules provide certain protections for prospective clients, subject to exceptions.
Why Legal Deadlines and Temporary Orders Matter
If you've been served with court papers, failing to respond on time may allow the case to proceed without your participation. In Kansas, a defendant generally has 21 days after service within the state to answer a civil petition, although exceptions and different deadlines may apply.
Kansas also generally requires at least 60 days after filing before a divorce is heard, unless the court makes the required emergency findings. However, parties may request temporary orders while the case is pending.
These orders may address child custody, parenting time, financial support, or property use. For example, a parent may request a temporary parenting schedule, while a spouse may seek temporary financial assistance.
If you've received court papers or need temporary relief, seek legal advice before the applicable deadline passes.
Get Help From Our Experienced Family Law Attorneys in Kansas
Early legal advice may help you avoid mistakes involving agreements, evidence, deadlines, and important family decisions.
At Oleen Law Firm, we review clients' circumstances, explain applicable Kansas legal requirements, and help them evaluate their options. Our team includes Attorney Bentson Robert Oleen, who has practiced law in Kansas since 2006 and handles family law matters, including divorce and child custody.
Contact our Manhattan, Kansas, office today to schedule a free consultation. We also serve clients in Junction City and the surrounding areas.