Your friends have all told you to find a good attorney. You agree – now how do you do that? What makes an attorney “good”? What do you need to look for when you are hiring your lawyer?
These answers will vary for each person. To begin finding the right attorney for you, it will be helpful to think about what you want from your attorney.
One way to start looking for an attorney is by word of mouth. Ask around. Have any of your local friends, family or neighbors been divorced recently? Ask them who represented them, and what they liked, or did not like about their attorney. Would they recommend them? Would they recommend their ex-spouse’s attorney instead? People who have gone through a divorce have had the opportunity to see at least two attorneys and their different styles of representation. They may believe one is a good fit. Chances are that if you ask, you will get a lot of information about things you may not have thought of yourself.
Some helpful things to look for when choosing an attorney:
They Specialize in Divorce/Family/Matrimonial Law
- There are many attorneys and law firms, but making sure the one you hire has experience in divorce and custody cases, and does cases like yours regularly is one of the ways you can feel confident in your choice. If your attorney regularly practices in cases like yours, they are more likely to be up to date on the necessary laws and any recent changes, and be able to advise you on all the necessary aspects of your separation. They are also more likely to handle the procedural issues on divorces on a regular basis, which will help to ensure your matters are handled efficiently.
- Many attorneys practice divorce as a small portion of what they do, practicing primarily real estate or criminal law. It will be beneficial to you to have someone on your case who focuses primarily on divorce. Just as going to a criminal lawyer to advise you on tax issues does not make sense, similarly, picking an attorney who practices primarily another area of law can end up causing you delays and ultimately money. If you are unsure of how much of the practice is based on divorce/family/matrimonial law, ask! This should be an easy question for the firm to answer, and can help you decide whether it is even worth your time setting up an initial meeting with a lawyer or not.
They Regularly Practice Locally
- An attorney who is local to the area and practices in the local courts is who you want representing you. State laws are very important in divorce. But even more locally, a lawyer who regularly practices within your county will be familiar with the Judges, the clerks and the Courtroom staff. They will be familiar with the procedural matters which vary from county to county, how matters are scheduled before each individual Judge and can provide you with the best assessment of likely outcomes in your particular area. This is invaluable knowledge that can save you time and money, and help you to feel confident throughout your proceedings.
After you have narrowed down some options:
Meet with the Attorney
- Do they offer free or reduced price consults?
- Do not skip the consult because of fear of meeting or spending money. There are very often reduced price or flat fee consultations that give both the attorney and the client an opportunity to assess if the case is a good fit, and if it will be a productive working relationship. There is no requirement to hire an attorney on the spot. You can always say you would like to think about it. Be considerate of their time however. If you do not plan to attend a consultation, call and cancel. Some firms black list potential clients if they have multiple no shows, as this shows the prospective counsel that you do not value their time. Remember, both of you are entitled to make the decision to enter into a professional relationship. It should be a good fit for both parties. If the attorney says they are too busy to take on new cases, ask them if they have referrals. Generally, they will refer you to another attorney in the area that they respect.
- Use your consultation to ask smart questions.
- What are the office hours?
- It is unlikely your attorney can be available to you 24/7. If you have questions about regular hours, or how you should contact them outside of normal business hours, the consultation is a great time to ask!
- Hourly rate?
- How much does your attorney charge hourly? Are there other fees for paralegals? How many attorneys will be working on the case at the same time? These are all questions that will be helpful in knowing what the actual cost will be for you.
- Retainer?
- A retainer is an amount of money that is paid upfront before the attorney begins work for a client. It is held in an account separate than the firm’s operating account, and it is drawn on as the fees are incurred. It is very often that a retainer will be required for a divorce proceeding. Ask what they think that amount will be, and what will be expected if that retainer is exhausted.
- Means of communicating
- How does the attorney communicate with you? Will they email regularly? Will they call? Will they send you a copy of emails from the other attorney?
- What are the office hours?
Use the consultation for get a sense for how you feel about the attorney as a person and a professional. You want to feel comfortable with working with this person, and trust their advice, ethics and decision making.
Key Take Away: whoever you choose to represent you, make sure that you ultimately feel comfortable with the price, litigation style and ability to communicate with your attorney. This will set you up for success!
DISCLAIMER: This is not intended to be individual legal advice of any kind, and each divorce matter is fact-specific and state-specific. We advise you to seek independent legal advice as it pertains to you and your case matter.
