At Donald G. Criscuolo PA a client oriented, problem solving approach is used. Litigation is, and should be, a last resort to resolve any legal problem especially a family law problem. That being said we are not shy about appearing in court to vigorously represent our clients’ rights and do so whenever there is no other reasonable alternative
When each family law matter begins, the anticipated process and procedure is fully discussed with and explained to the client. Generally, after a matter is initiated, the “discovery” phase begins. That is where each party exchanges financial and other documents with the other party. This is a formal process and subpoenas are sometimes needed to compel compliance. Afterwards, depositions are sometimes taken. A deposition is when the other party or witness appears at the law offices of the attorney to give sworn testimony. That is also a formal proceeding. A stenographer is present to create a record of all that is said. We always invite the client to attend so you can hear firsthand what was said, although that is not required.
After the discovery phase is over settlement is discussed. That can either be face-to-face in a settlement conference, by telephone, and/or by correspondence between the attorneys. If that fails to produce an agreement, one of the attorneys will request the scheduling of a trial date. When that occurs, the judge will set a trial date, sometimes months later, but at the same time will sign an order requiring attendance at a formal mediation. Mediation is then conducted by a neutral third-party Mediator. If an agreement is still not reached then a trial is necessary.
During this entire process, the creation and implementation of an overall strategy is critical. That strategy is made at the very beginning of the case in close consultation with the client, but evolves as the case progresses. Sometimes it is best to attend a hearing in front of the judge early in the proceedings to obtain an immediate, temporary relief. Other times the exact opposite is true, and it is best to avoid appearing before the judge.
All along the way, this entire process is explained along with the possible and likely outcomes of each phase of proceedings. Recommendations are made for your consideration and the ultimate decision as to how to proceed is always for the client to make.
You should keep in mind that each case is unique. We believe in individualized representation based upon the particular circumstances of your case.
Feel free to browse our web site and learn more about family law and how we can help.