A perfectly reasonable result may be perceived as a total failure if the client’s expectations were unrealistic from the start.

I read an article in the latest Family Law Journal from the American Bar Association about education as the way to reasonable expectations for what will happen in a family law case. (Read When the question is alimony, the answer is client education by Kathleen A. Hogan, editor.) Ms. Hogan pointed to the often misunderstood issue of alimony entitlement by way of example. Clients often think they understand the issue of alimony before their case begins, but are mistaken as to how it really works. Sometimes these mistaken assumptions come from “lay-lawyers” – those who expound on the law as if they were lawyers but really don’t know what they are talking about – or, increasingly more often, clients who attempt to educate themselves using the internet but fail to understand the nuances of the information found. Mistaken assumptions often result in the client failing to listen to the attorney when the lawyer’s explanation does not fit with their preconceived notions. Or, a client may refrain from asking questions because he or she thinks she knows the answer already.

Ms. Hogan points out that if the client had asked the necessary questions, he or she might have heard things like “yes, real men can get alimony” or “yes, the court will expect you to get a job” or, “no, the fact that she cheated does not affect the outcome”.

In many cases in divorce, a client’s perception of success or failure will be influenced largely by his or her expectations. A client may have little or no knowledge of what a reasonable outcome will be unless the lawyer provides education as to what to expect. Emotions in divorce and negotiating a settlement can also intervene in perceptions. Instead of approaching alimony as a transaction to transfer money to a spouse that provides tax benefits, feelings of hurt, anger, fear, betrayal, and the like often come to the forefront. It is challenging to keep focused on the after-tax cash flow when emotions are running rampant and the client lacks accurate information upon which to base a decision.

For an overview of Texas alimony laws, please see our website O’Neil & Attorneys.

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Photo of Michelle O'Neil Michelle O'Neil

Michelle May O’Neil has 30+ years’ experience representing small business owners, professionals, and individuals in litigation related to family law matters such as divorce, child custody, and complex property division. Described by one lawyer as “a lethal combination of sweet-and-salty”, Ms. O’Neil exudes…

Michelle May O’Neil has 30+ years’ experience representing small business owners, professionals, and individuals in litigation related to family law matters such as divorce, child custody, and complex property division. Described by one lawyer as “a lethal combination of sweet-and-salty”, Ms. O’Neil exudes genuine compassion for her client’s difficulties, yet she can be relentless when in pursuit of a client’s goals. One judge said of Ms. O’Neil, “She cannot be out-gunned, out-briefed, or out-lawyered!”

Family Law Specialist

Ms. O’Neil became a board-certified family law specialist by the Texas Board of Legal Specialization in 1997 and has maintained her certification since that time. While representing clients in litigation before the trial court is an important part of her practice, Ms. O’Neil also handles appellate matters in the trial court, courts of appeals and Texas Supreme Court. Lawyers frequently consult with Ms. O’Neil on their litigation cases about specialized legal issues requiring particularized attention both at the trial court and appellate levels. This gives her a unique perspective and depth of perception that benefits both her litigation and appellate clients.

Top Lawyers in Texas and America

Ms. O’Neil has been named to the list of Texas SuperLawyers for many years, a peer-voted honor given to only about 5% of the lawyers in the state of Texas. Ms. O’Neil received the special honor of being named by Texas SuperLawyers as one of the Top 50 Women Lawyers in Texas, Top 100 Lawyers in Texas, and Top 100 Lawyers in DFW for multiple years. She was named one of the Best Lawyers in America and received an “A-V” peer review rating by Martindale-Hubbell Legal Directories for the highest quality legal ability and ethical standards.

Author and Speaker

A noted author, Ms. O’Neil released her second book Basics of Texas Divorce Law in November 2010, with a second edition released in 2013, and a third edition expected in 2015.  Her first book, All About Texas Law and Kids, was published in September 2009 by Texas Lawyer Press. In 2012, Ms. O’Neil co-authored the booklets What You Need To Know About Common Law Marriage In Texas and Social Study Evaluations.  The State Bar of Texas and other providers of continuing education for attorneys frequently enlist Ms. O’Neil to provide instruction to attorneys on topics of her expertise in the family law arena.