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Empathy for clients key to Probst’s family law success

Empathy for clients key to Probst’s family law success

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Jane Probst (Staff photo by Kevin Harnack)
Jane Probst (Staff photo by Kevin Harnack)

An unpleasant experience with an attorney sparked Jane Probst to begin her own legal career.

While in her 20s, Probst went through a divorce and said her attorney had little empathy for her situation.

“You’re scared and he wasn’t compassionate at all. I went through the process and thought, ‘I can do a better job myself,’” said Probst, now owner of Probst Law Offices S.C. in Wauwatosa.

Probst, who left a career in sales and marketing, was interested in law growing up but hadn’t seriously considered it as a career before her divorce. And while she didn’t intend to go into family law after graduation — she envisioned working in criminal law — it was where she landed her first job in 1990.

“The firm I got a job with gave it to me and it just stuck,” Probst said. “Not everyone can do family law. It’s not always very easy.”

She works on a variety of cases from divorces and child support to grandparent rights, guardianships and adoption. In addition to her family law practice, Probst also works in equine law, dealing exclusively with businesses, contracts and litigation related to horses. An avid horse person, her personal interest in the area got her involved with that branch of the law, she said

Whatever the situation, Probst said she tries to understand her clients’ situations and put herself in their shoes.

“Empathy is big. You need to explain to them about the law, but tell them, ‘Yes, it sucks, but this is how we’re going to deal with it,’” she said. “You also need the ability to tell your clients when they’re misbehaving and bring them down to earth when they’re out of line.”

She added that while in a criminal case, a client may be on his or her best behavior; the direct opposite occurs during a divorce.

“You have a person who is normally nice doing things that aren’t very nice at all,” Probst said. “Seeing people at one of the worst times in their lives can be difficult and that can be a challenge, but the focus is on helping the client and having his or her needs met.”

Probst said family law attorneys wear multiple hats, including litigator, social worker and real estate attorney.

“I view my cases as puzzles and trying to piece everything together to meet everyone’s needs,” she said. “But when that doesn’t happen, when mediation or a settlement conference doesn’t work, then I put on my litigator hat. I don’t like preparing for court — it’s a lot of work — but when I get in there I really enjoy it. I really enjoy helping my clients through what is likely the hardest time of their lives.”

Wisconsin Law Journal: What makes your work important to you?
Jane Probst: Being a family law attorney, you need to be a jack of all trades. You are dealing with families in crisis. Times have changed and non-married couples are building families without the protection of marriage. Also, dealing with the gray areas of recently legalized same-sex marriage in Wisconsin has opened an entirely new quagmire of legal issues as to non-traditional families now becoming traditional. Our role as family law attorneys is, and should be, as problem-solvers for these people. Nothing is better than being able to assist people in putting their lives back together.

WLJ: Who is your hero in the legal field?
Probst: Clarence Darrow, of course. I even used his ‘Plea for Mercy’ in my high school forensics contest.

WLJ: What do you do outside of work to deal with stress from the office?
Probst: I am an avid horse person. I ride very low-level dressage. My time with my Morab horse, Tyrone, and German Riding Pony, Toto, are the bests times I have to forget the stress of law. The people I am able to interact at the horse barn are like family.

WLJ: What’s one thing many people get wrong about what you do?
Probst: Family law is not easy. I am quite frustrated when I hear attorneys coming from the public sector state that they plan to practice family law because it is easy and big money. Family law requires you to be both a pseudo therapist and attorney. It requires you to have a basic background also in real estate, tax and contract law. You also need to be able to admit when you don’t have all the answers and seek those experts who can assist you. A mistake can devastate a family. Also, family law is not easy money. Since most people are never happy when coming through a divorce, even if you obtain a great outcome for them, it is not always easy to collect your accounts receivable. It requires great diligence.

WLJ: What’s your favorite memory from law school?
Probst: Graduating.

WLJ: Is there a certain case that stands out to you?
Probst: A client of mine was murdered on Oct. 1, 2009, in a murder-for-hire conspiracy. Her boyfriend was the instigator in the conspiracy and hired a hitman. The police were on the wrong track initially when attempting to find the perpetrator. With great detective work and great forensic evidence, the district attorney was able to obtain a life without parole conviction for the boyfriend. I was with my client’s family throughout the criminal trial and matters relating to my client’s son for years after. It just goes to show you that some people you would not normally expect to commit crimes can reach some extreme limits. Now, my radar goes up in some of my cases when I see any signs of such behavior as I saw in this case prior to the murder.

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