“There are a lot of lawyers that say, ‘we care.’ When I hear this I have no idea what that means to other attorneys or to their clients.” - Will Nelson
Will does, however, know what that statement means to him. “I aim to find the happy medium between being a zealous advocate and a sympathetic counselor. Ultimately, it comes down to understanding the feelings at hand but, also, finding ways to advocate for the client in a manner that the client won't regret in ten years.” The work we do is emotional. Whether family law, guardianship or probate, discussions about custody, dementia or death are challenging and difficult.
In family law, no one wins. Winning suggests that someone loses. In family law you don't want anyone to win or lose. “If there is ever a win in family law, it is seeing children who are happy and cared for, who get to move forward from these proceedings without sustaining permanent trauma.” Will began to truly appreciate family law when he became a parent. “I started to understand family law in a completely different way. Everything prior to being a parent was theoretical. Being an engaged parent provides insight to find better and more complete solutions for my clients,” he says, “The goal is to create a sustainable family dynamic that will last beyond the age of 18. Even in cases that do not involve children, there is still a concern that animosity in litigation adds stress and expense that almost always fails to serve the long-term interests of the parties.”
Like family law, guardianship matters typically involve difficult subject matter and hard choices. Will notes that guardianship cases may include how to assist aging adults that may be losing the ability to make decisions or live on their own, how to provide for special needs children as they reach adulthood, or how to assist minors who have been the victim of an accident, or who have lost their parents. Helping clients with managing tough, emotional decisions is critical in providing for the welfare of those who may not be able to protect themselves.
Probate involves death. Will notes “The one thing that all probate cases have in common is that someone has passed away.” These cases are, by definition, emotional, and might involve protecting a surviving spouse or minor children, ensuring that a business or family farm continues to operate, or distributing property based on the wishes of the deceased family member. Debts may need to be addressed. The family home has special legal considerations. The ability to work and communicate with clients after a recent death is fundamental. Our firm also assists clients with preparing estate planning documents such as wills, powers of attorney, healthcare designations and living wills. The goal of this planning is to avoid many of the hard decisions surrounding guardianship and to make the probate process easier for surviving family members.
“No one gets an attorney unless they need help achieving a goal or solving a problem.” Will says that the “puzzle” component of law is his favorite part about practicing; a puzzle that is constantly requiring new information, new research, new skills sets, new case law, etc. Will practices primarily in Escambia and Santa Rosa counties with occasional involvement in cases in Okaloosa and Walton counties. As a former felony prosecutor and special prosecutor, Will worked at times in each of these counties, which has provided him unique insight regarding how things work in each of these courthouses. In private practice, Will has had the opportunity to engage in legal matters in a different context and bring practical experience with regard to problem solving.
Separate from his practice, Will has had the opportunity to participate in Leadership Okaloosa and Leadership Pensacola which has provided him a better understanding of the needs and qualities of these respective communities. “This focus on the community over the years allowed me to be engaged and see how people within this community function. Further, participation has allowed me to learn a lot about the different skill sets and trades of the members of the community.” Will reflects that none of this learning would have been possible without the one-on-one relationships he has established and fostered over time. “When a lawyer has an opportunity to be involved and understand the community, it makes them a better lawyer,” he says.
When asked what the most important skill an attorney should have, Will responded, “Communication and listening are the most important aspects of being a lawyer- not research, not presenting to a judge, not arguing- none of that. Some attorneys won’t talk to their clients on the phone and it is baffling to me how they can work with a client without having regular interaction.” Will says that he always encourages prospective clients to call around and find a lawyer that is a good fit for their situation and their personal needs. Hiring a lawyer requires trust, you want to make sure you find the one that is right for you.