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Legal Consultation

At Fink Family Law, we offer a range of services to clients seeking advice, information and support while pursuing settlement (or even litigation) of their marital, parenting or other family disputes. We firmly believe in the value of reaching mutually agreeable settlements where the clients can understand the reasonable options available to them and can create agreements that respect each member of the family.  To that end, we offer the following consultation services to one or both parties to the dispute:

  • Consultation regarding different process options for divorce
  • Early neutral case evaluation
  • Facilitation of settlement conferences

 

For clients in mediation

When a family seeks to resolve family disputes through mediation, most family mediators strongly recommend or require that, at some point, parties in mediation seek a consultation with an independent attorney. Because mediators serve as neutrals, they do not generally give legal advice. It is advisable to seek such legal advice from an independent consulting lawyer before signing any legally binding agreements.

Because David Fink has decades of practical experience, he knows how to tailor his consulting services to meet the client’s needs. These services can range from actually accompanying a client to a mediation session, or merely reviewing a proposed legal agreement prepared in the course of the mediation process. His goal is to give you the help you need to do your divorce your way.

 

For clients in Collaborative Divorce

Collaborative Family Law is a consensual dispute resolution process where specially trained professionals in law, mental health and financial planning work together as a team to reach a comprehensive and durable divorce agreement.  David is one of the pioneers of Collaborative Family Law in California and has been serving clients as a Collaborative lawyer since 2001.

 

Settlement consulting

Even in cases that are proceeding through the more traditional, court-based process, the failure to make a reasonable effort to settle family law disputes can result in the imposition of sanctions, such as  financial penalties, or the payment of another party’s attorneys fees. In high-conflict cases and families, the lawyers involved can often become so busy preparing the case for trial that there is little bandwidth available to work on settlement.  Preparing and presenting an effective case to a judge is a costly process, without any guaranty that the judge will rule in your favor.  In some cases, communication between a client and their representing lawyer can breakdown, leaving the client (and the professional) angry and frustrated about how the case is being handled. 

We firmly believe in the value of consensual dispute resolution and of non-adversarial options for resolving family law disputes. When the level of conflict in a divorce increases, opportunities for resolution outside of court can be missed. In our experience, most families can do a better job of resolving their own disputes, if they get the help they need to do so. David has the skill and the experience to work alongside your representing attorney to maximize the opportunities for settlement in high conflict cases.

Second Opinions

Amongst any number of attorneys practicing family law, you will find a range of perspectives on what is the best way for you, as the client, to pursue your objectives in the divorce or family dispute process. 

At every stage of a case, clients are presented with choices that may be hard to understand or evaluate. Sometimes, it can be difficult to determine which option might be best for you.  If having a new perspective on a difficult choice would be helpful, we are available to help.