Suggestions On Choosing A Divorce Attorney

Suggestions On Choosing A Divorce Attorney By Richard S Rabbin, Attorney

The process of selecting an appropriate and competent attorney is a difficult one indeed. The attorney you select must be a person who will counsel you and who you will trust to represent you correctly by representing your views, attitudes, and needs. At this point you have thought very seriously for a long time about the reasons why you want to get a divorce. Therefore, you have reached the point where you must protect yourself, your rights and your property by seeking out professional legal representation.

Each attorney has a particular style, interest, specialty, and a particular way of looking at the process of divorce. Interview several attorneys before deciding with whom you feel the most comfortable. Many people forget that they are the ones who are doing the hiring of the attorney. Often people feel that the attorney is doing the interviewing and hiring the client. This is absolutely not the case, because the client must, at all times, be the ultimate decider on the issues of the case. It is all right to be highly selective and very particular since this person is so very important to your life at this time. In addition, remember that you will be paying the attorney for his/ her services and you want your money to buy a good product.

Most people feel totally confused as to how to begin this difficult process of finding an attorney. There are any number of places where one can effectively begin and there are some simple steps which will lead to success. First, be fully aware that you must narrow down your search to attorneys who are qualified as family law specialists. No matter how much you like Uncle Harry’s second cousin, and no matter how good he is at dog bite cases, he may be a disaster in the family law courtroom. You do not want a generalist, but instead, you want a specialist. Perhaps you have had some prior contact with a lawyer who either handles divorce matters or who can refer you to someone who has this expertise. Frequently, you will know others who have gone through divorces and these people should be consulted for referral to their attorney. An individual who has already been through a difficult emotional divorce will have gathered a great deal of basic knowledge with regard to the function of the attorney. Perhaps this person felt that his/her attorney was very good in the courtroom or perhaps this person saw another attorney who was more dynamic, knowledgeable and commanded more respect. This is a good way to get the names of competent attorneys since people who have seen them in the courtroom have evaluated them while they were literally under fire.

In each county there is a local Bar Association to which most attorneys in practice belong. It is wise to call and consult the secretary of the association who will have a book of members with their specialties and qualifications. In addition, if the Bar Association is large enough, there will be a sub-specialty group usually known as the Family Law Bar. Once you have looked through this list and culled out those attorneys with family law specialties, you can begin the process of interviewing. The idea is to find an attorney who not only has the necessary qualifications, but also one in whom you have confidence. In this way you will be able to feel that you can cooperate with this attorney, take advice and work well together. It is important to remember that you do not have to choose an attorney before you talk to one. Instead, it is perfectly reasonable for you to want to speak to the attorney first so that you can measure how this person fits into your criteria. Most people are naturally intimidated by lawyers so they are hesitant to confer with more than one. However, a divorce is a very serious and complex process and you must have an expert who will be able to plan the strategy and follow through. Therefore, you need not be intimidated and you need not choose anyone prior to having a conference.

Another effective way of selecting a qualified local divorce attorney is to go to the domestic court and become a court watcher. If you sit in court and watch the attorneys in action you will become familiar with the language and the procedures. By watching the attorneys in action, you will develop a far better feel for which of the attorneys can and cannot get things done. You can call the local county clerk who will direct you to the county courthouse and tell you which department calendars family matters and when these hearings are held. You will have no difficulty being an observer. It is only on very rare occasions that these hearings are closed or will take place mainly in the judge’s chambers. See which attorneys appear to have a good rapport with the judges and with other lawyers as well as with their clients. The attorney who is able to display confidence while appearing competent and comfortable in the courtroom can undoubtedly be called on to do a good job. The attorney who seems lost, confused, bumbling, unprepared, and shuffling papers should be avoided. Listen to how the attorneys form their questions. Listen to how the attorneys deal with expert witnesses such as a psychologist or psychiatrist. You want an attorney who can ask the most intelligible questions so that your information can be effectively revealed to the judge. You want an attorney forms questions well and does not get interrupted constantly by objections.

Court bailiffs spend all their time watching attorneys in action. They may not be hesitant to make specific referrals and they may be willing to give you names of attorneys. If the bailiff does not want to make a specific referral, chatting with him/her during a break can reveal much information regarding their observations of an attorney’s competence. Court reporters can also be a wonderful source of information. Though they may be hard to catch and also hesitant to answer, they can still be asked. Court clerks are usually not a good source of information since they work for the judge and they are not really able to give out information concerning lawyers. While you are in court watching the action, you will find that there are specific breaks. During these breaks you might ask a few of the members of the divorcing couples if they are satisfied with their lawyers. This could lead to interesting responses and even more leads of attorneys to interview.

Finally, you will find that there is a small cadre of psychologists who do the psychological evaluations for custody. Successful, long time practicing psychologists with this specialty will have worked with all the attorneys in the county many times over. It would be wise to schedule an hour with a psychologist to review the strengths and weaknesses of the local family law attorneys.

Once you have accomplished all of this research we are suggesting, you need to put together a small list of the most competent attorneys. When you have put together this tentative list of attorneys, you can begin to narrow the choices to three or four names. Your homework will start to pay off when you call each of the attorneys and set up interview appointments. Be certain that you ask if you will be charged for the consultation. You will find that most experienced family law attorneys will likely charge for a consultation but it is worth it in the long run to pay this and hire a competent lawyer who is in sync with your views. If you choose to hire a particular lawyer you are consulting with, often the consultation fee can be included in the retainer payment.

If your spouse precipitously serves divorce papers on you without discussion or warning and the time to respond is short, you may believe that the process of selecting an attorney has to be speeded up. A continuance of any court hearing can always be requested if you are not ready to deal with the issues. Judges are very solicitous of people appearing in pro per (unrepresented by an attorney) and s/he will certainly grant a continuance until you can find an appropriate attorney to represent you. If you feel too rushed, it is not wise to hire an attorney prior to researching the circumstances so that you can be certain the attorney will suit your needs. You have the right to go to court at the time of the hearing and tell the judge that you wish to be represented but that you have not had enough time to hire an attorney. Continuances for good cause are asked for and granted on a regular basis in every courtroom. Unless there are other extenuating circumstances, most judges will grant your reasonable request for a delay with no difficulty. This will give you a chance to breath and make your search in a positive manner. Be certain to request that the judge not make any other rulings in your case until you have an attorney by your side.

In order to maximize your skills with regard to selecting an appropriate attorney, it is quite critical to prepare yourself for the initial consultation. It may seem very basic to say that you should know your case. However, we have seen many people without even the faintest clue as to what they want to say, what they want from the divorce, and what they have to support their case. They come without the paperwork that is critical for the attorney to have. In your divorce case, you will be dealing with a large number of basic questions. The major issues will usually revolve around custody of children, spousal support, child support, division of property, separate property rights, and outstanding debts. Bring with you to the meeting with your attorney the following information:

1. Date of marriage;

2. Separation date;

3. Prenuptial agreements;

4. Any agreements which would indicate separate property rights;

5. Information regarding the children: birth dates; current status regarding their dependence/independence;

6. A complete list of all property co-owned by you and your spouse;

7. A complete list of all property owned individually by you or your spouse prior to the marriage or during the marriage;

8. A complete list of all property co-owned by you or your spouse with another person or entity outside of the marriage;

9. The fair market values and appraisals of any and all real estate above, jewelry, other assets, as well as copies of deeds, closing documents and loan documents;

10. A list of all bank accounts held jointly with your spouse or individually by you or by your spouse along with account numbers and current dollar amounts;

11. A list of all investments, stocks, bonds, partnerships held jointly or individually;

12. A list of all credit cards, numbers, amounts owed;

13. A list of any other debts such as private loans from family members with the accurate amounts due and interest rates;

14. Pay stubs to show how much money you and your spouse earned within the last three years;

15. Joint or individual tax return, both state and federal, earned within the last three years.

As you look at the above list it may appear as quite overwhelming and burdensome. It will be difficult to assemble all of this material and bring it to your lawyer’s office, but this information will definitely be required at some time early during the divorce proceedings. Try not to feel overburdened, but instead, recognize that you help your own cause by helping your attorney to be well prepared. The earlier that you are able to get these items to your attorney, the more prepared the attorney will be and the better case you will have. The attorney will also be impressed by your effective preparation and willingness to help your own case which is very important if you wish to have a successful result.

It is also of great worth for you to spend some time thinking and to carefully prepare a list of questions that you will want to ask your attorney. Prior to the consultation you may be burning with questions and a strong need for information. If this is not written down in some orderly fashion it will inevitably get lost in the information of the meeting. When you remember the points later it does no good with regard to feeling informed. Do not be concerned even if you feel that your list of questions is excessively long. A good attorney will certainly understand your need not to be kept in the dark and your questions will be welcomed and answered.

It will save time and money later so that you do not have to be calling the attorney continuously to ask things that you forgot. If you are organized, you will serve as a good model for the attorney who will appreciate your hard work and your desire to be helpful to your case. Attorneys have often confided that they are amazed at times regarding how little their clients want to know and also how long it sometimes takes for their clients to produce documents and papers that they require in order to properly represent them. If you feel that your attorney is getting upset or overly defensive about the questions you are asking, this is most likely not the attorney for you. Do not feel obligated to an attorney who is not doing the job well enough nor is communicating well with you and explaining procedures, court rulings and strategies.

When you are about to hire a divorce attorney, you must realize that this is going to be a demanding and close working relationship. Your attorney will be asking you to share important, and at times, intimate information. Therefore, you need to be very certain that this particular attorney will not hesitate to advise you and will represent you very specifically in the manner in which you want things to be done. This does not mean that you run the entire show or that the attorney runs the entire show. Instead, it means that you give guidance and direction to your attorney so that s/he will know how you want things to proceed. Be aware of the type of approach you want your attorney to take. Would you rather have an aggressive, assertive attorney or would you rather have a more contemplative and passive attorney? We have seen both positions work effectively. The dynamic three-piece-suit attorney who is super organized all the time and exudes confidence certainly can be effective. However, the old “I’m just an old country lawyer” lawyer also works very well. When you visit your attorney for the first time, the following questions should be asked:

1. How much of your law practice is devoted to divorce cases?

2. Do you have any specialty training or state certification as a family lawyer?

3. How long have you been involved specifically in the practice of family law?

4. How long have you been in this community?

5. Do you have a preference regarding representing men or women in divorce matters?

6. Do you ever represent children in divorce cases?

7. How accessible will you be to me regarding appointments?

8. What is your policy regarding returning phone calls?

9. What will you expect of me during this case?

10. Will you consult with me prior to making any agreements or doing anything of significance in this case?

11. Will you send me copies of all correspondence and court papers dealing withmy case?

12. How will you keep me informed as to the progress and status of my case?

13. What is your general philosophy as to how to best handle and resolve divorce cases?

14. How do you feel about private evaluations and private mediations to resolve the conflicts?

15. How can you help not to make this divorce become an all-out muckraking battle?

16. What are your fees? Retainer fee? Other charges? How will you bill me?

The answers to all of these questions will reveal all that you may want to know about the attorney you are interviewing. Be certain to take careful notes so that you can compare these responses with the responses that other attorneys have made. The answers given by the attorney will tell you how this person runs his/her practice and how effectively s/he relates to clients. Listen carefully to the manner in which the attorney answers the questions as well as the content of these answers. At the end of this consultation you should, based on the answers you have heard, know whether you would feel comfortable considering this attorney as the person that you will want to represent you in court.

Divorce is clearly a traumatic experience for both of the divorcing parties. The outcome of the divorce process will undoubtedly have long-range consequences for everyone concerned. Hire the attorney whose ideas and style most correspond with your own and with whom you feel the most comfortable. This process should transcend costs. The divorce is too important to cut financial corners. When one considers the cost of the wedding, the cost of the divorce may not look quite so bad.