Section 26.2 Original Client Conference

• Library: Family Law Deskbook and 2014 Supp

B. (§26.2) Original Client Conference

The first attorney-client conference on a modification proceeding is an excellent time for counsel to establish the viability of the case. Before launching into speculative conclusions, it is prudent for counsel to carefully review the actual decree and any subsequent modification orders. In assessing whether the appropriate remedy is a modification or a contempt action, counsel needs to make certain that the terms of the marital settlement agreement or separation agreement were actually incorporated into the decree.

It is essential in most modification cases to obtain current financial data on the client early in the case. Current tax returns are usually invaluable. Many circuits require the parties to file updated income and expense statements and property statements.

If counsel did not handle the last hearing on the case, it is wise to review the entire court file. Previous pleadings often provide some real “gems” in modification cases.

It is wise to reach a clear attorney fee agreement, in writing, articulating the understanding with the client. Modification cases are frequently extremely time-consuming and...