-Attorneys are the backbone of the family law system. They can serve in various capacities – from representing clients, judges, and guardian ad litems.
-Only a small fraction of active attorneys practice family law.
-Attorneys can withdraw from cases with little reason, often citing differences with their client.
-Because a Court’s discretion is the foundation of family law, it is ripe for abuse.
-The lack of real information about outcomes in family court allows the actors in this system to operate with little accountability.
-Since only a small percentage of family law cases go to trial, most divorce agreements are crafted by attorneys. Attorney promote their own services by advising clients that it is better for the parties to negotiate than have the Court make the decisions for them. While it may seem to make sense, there are huge downfalls with this strategy.
-Attorneys are regulated by the state’s bar association. Since practicing law is subjective, attorneys are rarely punished except for clear violations like being convicted of criminal activity or co-mingling client funds.
-Attorney associations are very active in the legislative process. This translates into laws that favor them.
-There are several statues, like O.C.G.A. § 9-15-14, O.C.G.A §19-6-2, and O.C.G.A. §19-9-3(g), in which Courts can award a party to pay the other party’s attorneys fees. Like most aspects of family law, these statutes are left to the discretion of the Court and ripe for abuse. Attorney fee awards cannot be liquidated in bankruptcy.
-The Uniform Law Commission is made up of lawyers from all 50 states. They draft legislation for adoption by the states. This group drafted the no-fault divorce legislation in the 1970s that was adopted throughout the country.
-While I have not found a real estimate on how much lawyers are paid for their services in family law cases in Georgia, it would be in the millions of dollars. Because one case can cost ten of thousands of dollars.
-Unlike the medical profession in which patients can easily find ratings on medical providers, the legal profession has been very successful in limiting any serious review system.
-It should be of no surprise that attorney association groups are the biggest obstacles to family law reform around the country.