Hiring a lawyer to handle a family law dispute or divorce matter can be daunting. Here are some tips.
Do not hire a lawyer solely because a friend or family member used her, or because she charges the least (or most) in your area. Each matter is truly unique, and the trick is to find a lawyer you think you can work well with. Ask trusted friends and family for leads on a lawyer who specializes in family matters. Do not assume your real estate or tax lawyer will have the needed expertise. Check out a potential lawyer's website and social media marketing.
Most lawyers will suggest meeting with you and conducting a case consultation. This is like an interview, where you can discuss your case, ask questions, and get a sense of the lawyer.
Ask, in advance, if there is a fee for this service.
Bring to the consultation relevant papers and a list of questions you want to ask.
As many divorces involve financial issues, review the financial information beforehand.
Be concise on your end of the conversation, so you can get the answers to your questions and find out what you need to in the time allotted.
Be truthful about the facts, good and bad, as this may influence the lawyer's advice and strategy.
At the end of the consultation, discuss the lawyer's experience, who will be handling the work, and the fee structure. Some lawyers will handle matters for a flat fee; most charge at an hourly rate. Some lawyers will accept credit cards.
Matrimonial and family lawyers often require the advance payment of fees. You will need to sign a retainer, or engagement agreement, a contract regarding the handling of the case.
This sets forth the terms of the representation in detail: who will do the work, the work covered by the agreement, retaining and paying appropriate experts, billing and payment arrangements, including paying disbursements and costs, what happens if the client discharges the lawyer, and provisions for refunding any unused, unearned fees at the end of the case. Read this agreement very carefully, and ask questions where you need clarification. You should also receive a Statement of Client's Rights and Responsibilities, setting forth your rights and responsibilities as a client. This outlines your right to be informed and to make decisions in your case, as well as your responsibility to be truthful and responsive with the lawyer.
In my case consultations, potential clients often ask me about my background, my experience with the judges, adversaries, or matters in question. Some ask what I'd do first in their case, and how I would handle the matter. I like this question, as it shows the potential client my style and professional approach to resolving cases.
I also frequently discuss at the case consultation which mode of dispute resolution, i.e., mediation, negotiation, or litigation, might work best for the client.
I also project the range of costs the matter might entail.
Take good care to find the right lawyer and approach for you.