Choose the Best Divorce Attorney for Your Case

Ask Divorce Lawyers – Experience, Custody, Trials, Mediation, Fees

Oct 27, 2009 Christina Gregoire

Here are ways to choose the best divorce attorney for a unique case. To find a divorce lawyer, ask about experience with divorce, custody issues, trials, & mediation.

It takes energy to choose the best divorce attorney for one's individual needs. To find a good divorce lawyer, a person needs to ask several lawyers about their experience with divorce cases, custody fights, trials versus mediation, and ask how much the fees might be.

However, it is worth the extra work to find a great attorney.

Best Divorce Lawyer

To find the best divorce attorney, the first step is to create a list of several potential lawyers.

Anyone who is considering divorce should, ideally, get the names of three divorce or family law attorneys and choose the best one. Here are some sources for referrals:

Doctors and therapists
Other Lawyers
Referral agencies and bar associations

Interview Attorneys

The next step is to set up interviews with each lawyer. Sometimes, it’s best to use a cell phone (or friend’s phone) as the call-back number.

Find out how much an initial consultation will be. Many lawyers offer a free half-hour interview. And, ask the receptionist, “What will the lawyer need from me in order to evaluate my situation?”

When interviewing lawyers, remember:

The lawyer “works for you”. The client is the one who pays the lawyer and the client decides whether or not to hire a particular lawyer. People getting divorced should not feel like they are the ones going for a job interview.
Look for a lawyer who will explain the divorce process in understandable terminology.
All lawyers have a different style. Choose a lawyer with good chemistry, and know that good chemistry means something different to everyone. People should find a lawyer with whom they feel comfortable.
Some divorce cases require aggressive attorneys and some breakups lend themselves to mediation. Can this lawyer do both?

Talking with a lawyer does not mean that one must automatically continue on to divorce. One's spouse need never know about this legal consultation if a person changes his or her mind and decides not to proceed with the divorce (decides to stay married).

Ask a Lawyer

Write out a list of questions to take along when interviewing an attorney. Most people have never dealt with the divorce process, so there really are no stupid questions. Ask away.

Here are some common things that people often ask lawyers. Use these suggestions to come up with other questions for evaluating an attorney:

Experience:

“How long have you been in practice?"
“How many divorces have you handled?”
“How long have you been practicing in this state/this county?”
“What percentage of your practice is in divorce cases?”
“How much experience do you have with child custody disputes?” (Or valuation of family businesses, finding hidden assets, division of debts, etc.)
"Do you have experts, like accountants, psychologists, or counselors that you regularly work with?"

Divorce Process

Ask each attorney about his or her philosophy and expertise.

“What is the process for handling my situation?”
“What are my options?”
“What percentages of your divorce cases are settled out of court?"
“Do you think it is better to negotiate or go to trial?”
“Do you recommend mediation to your clients?”
“What are your feelings about sole versus joint custody?”
“Do you know my spouse’s attorney?”
“Will you be handling my case personally or will you give my case to a junior associate? How much of the work will be done by a legal assistant? Can I meet with this person?”
“If I hire you, how will I be able to contact you and how long will it take for you to return my call?”
“Will I receive copies of all pleadings, correspondence, and other documents related to my case?”

Costs and Fees

Ask each lawyer about money. The billable hours, the fees for calls, the cost of copies, and everything else imaginable will start to skyrocket in some circumstances. Everyone must discuss money with their lawyers.

“What is your retainer fee?”
“What is your hourly rate?" "What is your assistant’s rate?” (Once an attorney is hired, the attorney will charge for everything, even quick phone calls. And, rates can be hundreds of dollars an hour.)
“Will I be sent itemized bills?”
“What is your estimate for the time required?”
“When is payment due?”
“Will you petition to have my spouse pay my attorney fees?”

Don’t give any lawyer a retainer (deposit) until all fees are explained, and a contract is written up and signed by both parties.

Divorce Lawyer Consultation

Be prepared to briefly discuss length of marriage, custody of children, property and assets, and how much spousal support might be involved.

Don’t feel pressured into retaining a lawyer at this first meeting.

Ask for Help From Family and Friends

Both men and women often find themselves walking around in a fog when hit with the prospect of divorce. Any woman who is too shy or scared to see a lawyer on her own (due to spousal abuse or any other reason) should ask her mother, a friend, or a sibling to come along on the first interview. Similarly, any man who feels overwhelmed by the whole divorce process may want to bring a sibling along for moral support or to take notes for him.

To find the best lawyer, bring questions, take notes, and go with gut feelings.

Information from this article is not intended to be a substitute for advice from a lawyer, financial planner, therapist, or other professional. Please consult a lawyer or other professional for specific advice.

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The copyright of the article Choose the Best Divorce Attorney for Your Case in Divorce is owned by Christina Gregoire. Permission to republish Choose the Best Divorce Attorney for Your Case in print or online must be granted by the author in writing.