|
How To Choose A Divorce Attorney
by Michele Sacks Lowenstein
A divorce is one of the most traumatic events
in a persons life, ranking right up there with death of a loved one. A divorce is
also one of the few times - and maybe the only time - a person has to deal with the court
system.
Ending a disintegrating marriage is made more
difficult by the complexity of the divorce process and the emotional stress of dealing
with the issues of child custody, support and division of assets.
Understanding the legal process is as
baffling as trying to understand complex medical procedures, and just as you need to trust
your physician, you need to feel confident with your attorney.
Your divorce attorney must be a combination
of therapist, confidant, clergy person and "legal eagle". So, how do you find
this person to whom you can entrust your future?
Get referrals
from friends
If you have friends who have gone through divorce, ask what they liked and disliked about
their attorneys.
Was your friends case was as complex or
less complex than your own? Was the attorney equally competent in handling emotional
issues such as custody and "business" issues such as division of assets?
Also ask about the attorney who represented
your friends spouse.
Meet with
several attorneys
Schedule appointments with several attorneys for consultations, and let the attorney know
you are in the interviewing process. Most attorneys wont see you free of charge,
since they have only their time and advice to sell, but some offer discounts for the
initial consultation.
Ask the right
questions
When you meet with an attorney, bring a list of questions regarding your concerns in
choosing an attorney as well as your personal concerns in the divorce case.
Ask how the law firm bills its clients and
ascertain the billing rates for each person who will be working on your case.
Most attorneys charge for all time spent in
working on your matter. This includes time for phone calls, drafting court documents,
court preparation and travel to the courthouse.
Be sure your attorney or someone in the
office will return phone calls within a reasonable time and that you will receive copies
of all pleadings and correspondence received and generated.
It will be difficult for any attorney to give
you an accurate estimate of total costs for the divorce because there are so many
variables.
Does your spouse want to reach a speedy
resolution of the issues or is your spouse going to litigate every issue? No attorney will
know all the issues at the initial consultation.
Beware of any attorney who guarantees certain
results. An attorney can only promise to use his or her best efforts in representing you.
Develop lines of
communication
Above all, you and your attorney
should be able to communicate effectively. Your attorney can only give your choice of
options and advise you as to probable outcome of each option.
But remember, nothing is a "slam
dunk." As in the rest of life, the legal process does not issue any guarantees.
Note: This information is not to be considered legal advice
to create an attorney-client relationship. Laws and practices
vary from state to state. Taking legal information out of context
generally has negative consequences. If you have questions relating
to your particular matter, you should contact an attorney in your
state for advice.
|