No two divorce attorneys are alike. Yet, many litigants do not realize how important the selection of their divorce attorney is to not only the outcome of their case, but also to how their case progresses from start to finish.
The early stages of a divorce are often the most stressful causing many to make a decision about which attorney to hire in haste. Therefore, it is not surprising that many people change attorneys during their divorce even though making a change can be costly. Indeed, half of the cases I handle at any given time are cases that I have taken over from another attorney.
Here are some tips to help you make the right choice:
1. Reach out to trusted sources. There is no substitute for word of mouth when it comes to hiring an attorney. Financial advisors, therapists, non-divorce attorneys and CPAs usually know good divorce attorneys, as do people who have been divorced in the last couple of years.
2. Identify the potential need early. If you know a divorce is or may be on the horizon, it is worth your time to meet with a divorce attorney so that you are familiar with one that you like before you are in a high-pressure situation to file or you are served with papers. At that point, your selection may be driven by who has the time to meet with you. Also, if your spouse meets with any attorney in a particular law firm before you do, no lawyer from that firm will be able to meet with you because it will be a conflict on interest.
3. Hire a specialist. Attorneys that specialize in family law/divorce cases are best situated to properly assess your case because they know the judges and the other divorce attorneys and have the most relevant experience to handle your case efficiently. They also are more up-to-date on changes in the law.
4. Ask questions of the attorney. At your initial consultation, bring a list of questions with you so that you do not forget. A good attorney will appreciate your thoroughness. Suggested questions to ask:
a. How long have you practiced family law?
b. What percentage of cases do you settle?
c. What is your approach to settling a case?
d. What is your approach to a new case?
e. What retainer do you require up front?
f. Is any unused portion of the retainer refundable? I would suggest not hiring any attorney who will not fully refund the unused portion of the retainer.
g. Who in your firm will work on my case and how much will I pay for their time?
h. How often will I receive an accounting of my retainer? The answer should be at least once a month.
5. Ask questions of yourself. Your divorce attorney needs to get to know you very well. After your meeting, ask yourself the following questions:
a. Do you feel comfortable opening up to this attorney?
b. Do you feel intimidated?
c. Are they a good listener, or did they spend the entire time singing their own praises?
d. Do you feel as though this attorney will take a practical approach to your case?
e. Did they tell you anything you did not want to hear? This is actually a good thing! Attorneys do you a disservice if they only tell you what you want to hear. In a divorce case, there is always going to be information that you do not want to hear. You need to hear it. Unrealistic expectations generate lots of attorney fees.
6. Trust your gut. If something does not seem right, it probably isn’t.
Wednesday, September 28, 2011
Subscribe to:
Posts (Atom)
