What to look for when shopping for a divorce attorney
When looking to hire divorce attorney – be careful consumer
This is a very important step. Your relationship with your divorce attorney is highly personal. You will be telling him/her details about your personal life that you may have not told anyone else. A divorce attorney will hear the intimate secrets of your marital life. You will tell your divorce attorney about emotional or physical abuse. You will tell your divorce attorney about the adultery committed or discovered. You will be asking this divorce attorney to remake your life. Thus, you need to choose wisely.
Check to see if the divorce attorney knows divorce law- do your research!
This may sound strange, but there are some divorce attorneys who simply do not know the law. Every profession has its duds and the field of divorce law is no exception. Before you talk to a divorce attorney try to gain a basic understanding of divorce law. This can help you frame your questions when talking to a divorce attorney, and can also help you check to see if he/she knows the law.
Is a free consultation a reason to hire a divorce attorney?
There are some people who will not meet with a divorce attorney unless he/she offers a free consultation. This should not be a criteria. In the past, I have charged consultation fees, as do many other divorce attorneys. We do this not to get money, as consultation fees make up a very small part of the cash flow. Rather, we do this to see if the client is serious. If the client can’t or refuses to pay $300 for a consultation, then it is unlikely that they will pay a retainer.
Will your divorce attorney pursue your goals or his/her own goals?
Your goal in the divorce should be to put yourself in the best position to move on with your life. Most divorce attorneys understand that. Most divorce attorneys work with you to keep your legal costs down while trying to maximize your benefits. Divorce attorneys are required to provide bills every sixty days so that you can track their work and your money. No divorce attorney should be pursuing the goal of driving up your legal costs without providing benefits to you. Your divorce attorney should be working with you. You and your divorce attorney are a team; make sure that you are in sync.
Bit. the divorce attorney must be strong enough to point out when you are not being reasonable. Once, a client wanted me to fight over a 25-inch television. I told him to save his money and buy a new one. Typically, I tell clients that if the property they are fighting over is less than $20,000, then it is not worth it to fight. You’ll spend as least that much in legal fees.
Should You Ask Your Friends About Their Divorce Attorney?
Asking a friend about their divorce attorney can be a good idea. But, your friend’s results may be very different from yours. Each divorce is different and has different factors to consider. Your friend’s attorney might have attained a good result for her, but a not so good result for someone else. For example, I was once hired for an uncontested divorce, with both parties agreeing. Then they didn’t agree. Then they did again. Then he disappeared. Then he reappeared. It took over a year to process what should have been a simple divorce. The client then complained to me that her friends who started later got divorced earlier.
Should I Check The Internet When Searching For A Divorce Lawyer?
The internet is a good place to start looking for a divorce attorney. Look at the divorce attorney’s website. Does that website show that the divorce attorney knows the law? Check the divorce attorney’s biography to see how long she/he has been in practice and their experience. You could check other websites. But, I would suggest avoiding websites where people can make anonymous comments. People who make negative anonymous posts about other people tend to be cranks.
Are You Comfortable Talking to Your Divorce Attorney or Are You Afraid to Call Him?
You should never feel afraid to talk to your divorce attorney. If you are intimidated by your lawyer, then you have the wrong divorce lawyer. Because you need to trust your divorce lawyer, you need to feel comfortable with him/her. Your divorce lawyer must be approachable and easy to talk to about your problems.
How Much Does A Divorce Attorney Charge For The Divorce
With the exception of uncontested divorces, all divorce attorneys charge by the hour. Additionally, the divorce attorney will ask for a retainer. A retainer is money against the time to be billed. For example, assume a retainer for $3000 and an hourly rate of $300. The retainer is 10 hours of the divorce attorney’s time. Divorce attorneys charge between $200 an hour to $650 an hour. The hourly rate does not correspond to skill.
A divorce attorney can ask for retainers in the amount of $3000 and higher based upon the complexity of the case. The complex the case, the more of a retainer the divorce attorney will request.
Divorce Attorneys Are Regulated By The Office of Court Administration
In the past, some divorce attorneys have abused and cheated clients to such an extent that special rules are enacted that apply just to divorce attorneys. All divorce attorney must provide a written retainer that explicitly sets forth the amount that the attorney will charge. Almost all divorce attorney charge by the hour for a contested divorce. Therefore, it is important to know what the rate is and have it spelled out in the retainer. In fact, the law requires that the retainer be filed with the court.
The attorney must provide a detailed bill at least every sixty days. This is to prevent an attorney from billing thousands of dollars and waiting until the case is over to present the bill to the client. Since the divorce attorney charges on an hourly rate, it is important for the client to keep on top of the case. For example, say there is a piece of property worth $5000 that the parties are fight over. If the divorce attorney is billing $250 an hour, he could easily bill in excess of $5000 to acquire that property.
The divorce attorney must keep in contact with you. You can’t be ignored. Also, you are required to attend all divorce court appearances. As the client in the divorce, your wishes control. Therefore, you must be fully informed.
As a client you have rights and responsibilities. Don’t think that once you hire a divorce lawyer, he is in the driver seat. The Office of Court Administration’s website has posted the list of client’s rights and responsibilities; it’s a good idea to read them before seeing a divorce attorney. In fact, when you consult with an attorney, he must give you a copy of your rights.
http://www.courts.state.ny.us/attorneys/clientsrights.shtml
http://www.courts.state.ny.us/attorneys/clientsresponsibilities.shtml
It may also be a good idea to check and see if the divorce attorney with whom you are consulting is a member of good standing with the bar.