When thinking about Biglaw practice areas, some of the first things that usually come to mind may be corporate or litigation, but there are many other worthwhile practice areas that don’t necessarily fit the stereotypical Biglaw mold — like family law. What does a family law practice look like at a Biglaw firm, and how can attorneys figure out if this is the correct practice area for them?
I recently had the pleasure of chatting with Lois Liberman, co-chair of Blank Rome’s New York City office and former chair/co-chair of the firm’s matrimonial and family law practice group, to get her thoughts on what makes family law an attractive practice area, her popular salon-style series “Look Ahead,” and how to approach mentorship within a Biglaw firm. Here is a write-up of our lively conversation.
Staci Zaretsky (SZ): Why did you become a family law attorney?
Lois Liberman (LL): My story is largely that I was in the right place at the right time. I was a frustrated actress finishing law school and wanted to be in Court right away, so I interviewed with DA’s offices and Legal Aid Offices as part of the on–campus interview program. One of the interviews I had was with the head of the Family Court unit at Nassau County Legal Aid Society, and we immediately clicked. She asked if I had taken a Family Law course, which I had, and she told me that she thought I would be great in that unit.
In that first job in the Family Court unit, I was literally thrown into Court! I handled numerous cases each day, many of which I was assigned to day-of, and found myself dealing with people who were in all sorts of terrible situations — from failing to pay child support and being in danger of being thrown in jail, to having children removed from their custody temporarily because they were born with drugs or alcohol in their system, to vicious custody battles or those who were the victim or perpetrator of some act which necessitated an order of protection. While it was hard work, I truly saw that I was making a difference each and every day, and I felt very much a part of the very close-knit group of attorneys in the unit and judges who I appeared before.
After some time, a judge who had been very kind towards me referred me to a matrimonial attorney who had recently lost his paralegal, and within a few weeks, I started working for one of the most well–respected matrimonial attorneys in Long Island. There was a significant adjustment period as I was no longer in court every day working on the fly — instead I was meeting with clients and doing a lot of drafting of papers, which meant effectively telling their stories in order to help get the relief that they were seeking. I remember it initially would take me weeks to write a 10–page affidavit! From there, I learned a great deal, and I ultimately ended up working for my mentor Stan Lotwin in my next role, who helped me become the attorney I am today.
Family law suits my personality well, because I’m a people person and it requires nonstop problem-solving. It brings me great satisfaction knowing that I have helped my clients navigate through a difficult, emotionally and financially taxing period of change. I am driven to zealously advocate on their behalf to ensure that they and their loved ones are properly set for the future. In particularly heartbreaking matters, I do my best to try to minimize the pain endured during the process. As my career has progressed, I have realized that legally finalizing a marriage is only one part what can be one of the most significant events in a person’s life. There is plenty that comes next! So, a critical part of what I do with people is talk to them about their life after divorce and assist them in coming up with new vision and directions. I have added educational events and ongoing community resources about the next phases in life into my practice.
I want to make a difference in my client’s lives and for the most part, I believe that as a family lawyer, I have been able to achieve that goal.
SZ: What issues, both legal and otherwise, do individuals struggle with the most during divorce?
LL: Family law encompasses some of the most important and sensitive aspects of people’s lives — love, family, home, and money.
Probably the one issue that most separating or divorcing individuals with children struggle with is the fact that they will not be living with their children or seeing them on a daily basis. There will be some time–sharing arrangement which will cause the children to be absent from their homes on certain days, holidays, and vacations as they spend time with the other parent. This can be especially difficult for the stay–at-home parent, if during the marriage all they ever wanted was for their spouse to spend more time with the kids or be more present and involved. It is galling when only after the divorce has commenced does the other parent actually start doing the things that they had been begging them to do during their marriage.
Co-parenting is a significant source of stress for separated or divorced couples, especially if they have difficulties with communicating or if they truly have different parenting styles. Also, unfortunately there are those who continue to use their children as a weapon to punish the other spouse, and will either try to unfairly thwart their parental access or alienate the children against them.
Since the pandemic, we are also seeing more cases involving addictive behaviors — alcohol, cannabis, and other drugs — and these substance reliance/abuse issues are impacting child custody arrangements.
There are financial stressors as well. Even in this day and age, there are some who feel that if they earned the money during the marriage, it is their money, and the idea of having to “share” their assets is incredibly upsetting to them. The issue of support (both child support and maintenance) is often a difficult pill to swallow for both sides. It is not uncommon for the payor to think that the amount that they have to pay is too high, and for the payee to think that the amount that they are entitled to receive is much too low. Even with very high wage earners, the reality is that the way the family lived while they were intact is going to change when there are two households to support.
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"Looking Ahead: How to Achieve Success in a Biglaw Firm’s Family Law Practice," by Staci Zaretsky was published in Above The Law on November 25, 2024.
