The need to hire an attorney
When the decision to divorce has been made, it is generally
essential to enlist the assistance of a qualified attorney, regardless
of whether you have chosen to proceed with the divorce through an alternative
method. A divorce can be one of the most difficult and emotional situations
you will likely encounter in life. The attorney who represents you in
this matter must work with you to obtain the best results for you. You
must live with the outcome. This is your divorce. You need to understand
everything that goes on during the process in order to make the best
possible decisions for you and your family. Do not be afraid to ask
questions and demand clear answers in language that you understand.
"Retaining" an attorney
The services of an attorney can vary widely depending
on your case. In general, an attorney is either "retained"
to represent you or, in some instances, can serve as a legal consultant.
When an attorney is retained to represent you, it means that he or she
has agreed to become your attorney of record. This means that the attorney
will actively act as your representative throughout the proceedings
and is authorized to take certain actions on your behalf. Attorneys
who are retained usually require a retainer agreement -- an upfront
payment that covers the initial cost of representation. Retainers charged
by family law attorneys generally range from $500.00 to $5,000 and are
usually based, in part, on how much time your case is expected to take.
Attorneys as legal "consultants"
Some attorneys are willing to assist you as a legal consultant
rather than as a retained attorney. In those situations, you will not
be required to pay an up-front retainer and will only need to pay for
services as you use them. In these situations, the attorney can provide
advice but is not your attorney of record. He or she usually will not
sign documents on your behalf or actively become engaged as your legal
representative. In situations when you are simply consulting with an
attorney, you are viewed as pro se or unrepresented by both the court
and the other party, since you do not officially have an attorney. The
advantage of having the attorney act as a consultant is that you can
have more control over costs. The disadvantage is that you will not
be able to rely upon having an attorney available to act on your behalf
when the situation arises.
Common complaints about attorneys
Clients who have experienced poor attorney/client relations
often express the following concerns:
- They don't feel the attorney is sympathetic to their
case
- They don't feel "heard" - the attorney is
too busy
- They feel the attorney is unnecessarily creating expense
- They are unclear how the attorney charges for the services
- They feel lost and uninformed in the process
- They are frustrated because the case took too long
and cost too much
- They are unhappy with the amount of conflict that has
arisen in the case
By carefully interviewing several attorneys before making
a decision on who will be retained, you can prevent many of these problems.
Before you retain an attorney, you should be certain you are comfortable
with your selection in all respects; from the fees being charged to
the individual approach and style the attorney uses in the divorce process.
When and if you become frustrated with any of the issues identified
above, it is your responsibility to discuss them with the person you
have selected.
Finding an attorney with the right level of experience.
You should pick an attorney with the experience necessary
to handle your case properly. If your case involves complex issues,
your lawyer should specialize in family law. In more complex cases,
years of experience, reputation, reliability and knowledge are important
considerations. The hourly rate that most attorneys charge is directly
related to the amount of experience that they have. If your case requires
this experience, you need to be prepared to pay a higher rate. While
paying more per hour can be difficult, an attorney with the right experience
can sometimes save you (in time, money and emotional trauma) more than
enough to justify the extra cost.
On the other hand, if your case is relatively simple,
(no children, few assets, etc.) you may be able to save a great deal
of money by hiring a good attorney that is less experienced, and therefore
less expensive.
Your first meeting with the attorney.
When you have selected two or three prospective attorneys,
prepare to contact them for a brief interview or consultation. Many
attorneys provide an initial "consultation" at a reduced rate
or at no cost for up to one-half hour.
Call the attorney to arrange a meeting and briefly describe
your situation and needs. You might say, "I am beginning the
divorce process with my spouse and am in need of legal assistance. There
may be issues with custody." Ask if the attorney provides a
no cost consultation and, if not, what fees will be charged. Do not
automatically decline an office consultation simply because there is
a charge. If there is a charge for a consultation, please keep in mind
that often attorneys will provide you with valuable facts and information
that will help you decide the direction of your divorce. Consequently
fees spent on the initial consultation are often money well spent.
You should also be clear about whether your meeting with
the attorney is a true interview or an actual consultation about your
case. An interview is technically a meeting in which you are simply
asking questions about the attorney's style, philosophy, experience
or qualifications. In a true consultation, you may want to seek legal
advice about your case. If you are actually seeking legal advice during
the first meeting, it is more likely that the attorney would charge
for their time.
Interviewing an attorney
Be prepared when interviewing a prospective attorney.
Following are things you should know about the attorney you eventually
retain.
- The attorney's professional background - how many cases
they have tried and handled
- Fees and retainer requirements.
- Preferred methods of communication between attorney
and client
- Accessibility - how will you contact your attorney,
how quickly will your calls be returned, and if the attorney you hire
will be the only person working on your file. Often other associates
or paralegals will assist in the process
- Style and practice philosophy - ask if the attorney
is trained in divorce mediation, alternative dispute resolution methods,
or practices using a more traditional approach
During the consultation, explain your case and state what
you view as problems and concerns (temporary support, custody issues,
business concerns). Ask the attorney what their strategy might be for
a case like yours and if they have handled similar cases. Ask for an
estimate of how long your case will take to resolve and how much your
divorce might cost. Do not be surprised if the attorney does not answer
these last two questions with precise information. Cost and time depend
on many things unknown at the time of consultation and outside the control
of the attorney. However, you should feel the attorney is interested
in your case, is practical, settlement oriented, and not evasive. It
is important that you feel comfortable with the attorney.
Interview questions.
Following are questions that will help guide you through
the interview process with prospective attorneys. Do not be afraid to
ask any of these questions. Selecting your representative in a divorce
is like interviewing a prospective employee. Remember that they will
be working with you and likely will know more of the intimate details
of your situation than close friends do. Their qualifications and competency
will have a direct impact on the outcome of your divorce.
- How long have you been an attorney?
- How much of your practice is devoted to family law?
- Do you have experience in alternate methods of dispute
resolution? What is your experience?
- How many divorce cases have you handled in the last
year? How many went to trial?
- How will you charge me? Do you require a retainer?
Will I receive itemized statements?
- Are there other charges in addition to your fee?
- What are your charges for additional services such
as long distance calls, copies and faxes?
- Will anyone else work on my case? What is their experience
and how much are their fees?
- Describe how you prefer to communicate with me during
the divorce process. How long will it take for you to return a call
to me?
- How would you describe your "style" as
a lawyer?
- Have you heard of or worked with _______________,
the attorney my spouse has retained? If so, what was the outcome
of that case?
- Do you have references that I could call?
Working with your attorney
Your attorney works for you. You have retained the services
of a professional to represent your interests. The relationship is a
professional one. Even though the matters being discussed and decided
are of the most personal nature, it is imperative that you remember
it is a business transaction. Most family law attorneys charge rates
that range anywhere from $120 to $300 per hour. They will generally
charge for all time spent on your case regardless of what task they
are performing.
It is strongly advised that, during the divorce process,
you seek some type of trained emotional support, such as a family therapist,
counseling professional, clergy, support group or other social service
professional. They are best able to help you cope with the emotional
issues that accompany the divorce process. Your attorney is trained
in matters of the law. While they may be sympathetic, they are not hired
to be your sounding board as you vent anger, frustration or grieve the
losses associated with divorce. You will generally be charged for the
time you spend with your attorney. Therefore, the time you spend venting
your frustration might be better spent with a friend, family member
or therapist.
The laws of the state in which your case is being processed
bind an attorney. You must be realistic in your expected outcome and
goals. It is your responsibility to address emotions that may cloud
your expectations. These may include fear, anger, frustration and sometimes
a need for retaliation or greed. These emotions often cause people to
focus solely on "winning" their case. The most successful
divorces are not about an individual "winning", or placing
blame. The best results can generally be obtained by minimizing loss
to all individuals in the process and providing the foundation for new
beginnings. When emotions play too significant of a role in essentially
a business process, outcomes suffer. Your attorney will advise you
on what the law says is "fair" and equitable. To expect more
is a disservice to everyone involved and will end up costing dollars
better left within the family structure.
The good attorney will give you the bad news.
You very likely believe that the positions you are taking
are fair and reasonable. If your attorney tells you that you may not
be able to accomplish some of those things, it is understandable to
be disappointed and to question why he or she is not "advocating
for you". One of the most difficult concepts to grasp is that some
of the best advice that an attorney can give you is advice that you
should compromise on a certain issue. The easiest thing (and the most
financially rewarding thing) for an attorney to do is to simply agree
with everything the client says and be willing to go in and advocate
weak positions. However, this kind of "advice" simply hurts
you in the end, since you will incur unnecessary expense and frustration
because your attorney did not want to tell you the truth. Hard as it
may be to accept, the best attorneys will occasionally frustrate you
(but save you money and frustration in the end) by telling you when
your position on an issue is not likely to prevail.
What you can do to minimize legal
fees.
You have a legitimate interest in trying to reduce your
legal fees. Attorney fees in a divorce may be very high and come at
the most difficult financial time of your life. While using attorneys
for the right purpose will often save you money, there are important
things you can do to avoid unnecessary attorney fees. To minimize dollars
spent and maximize the effectiveness of your attorney/client relationship,
keep the following in mind when meeting and communicating with your
attorney:
- Determine what outcome you are seeking. What are your
goals as they relate to the division of assets and liabilities, property,
custody, visitation, support payments, and retirement funds? Try to
be very specific so your attorney can advise you on how realistic
your goals may be relative to the laws in your state.
- Don't question the loyalty of your attorney if he or
she does not tell you what you want to hear. A good attorney will
tell you the limitations of your case, even if it is difficult to
accept. Attorneys who "promise everything" may create excessive
fees and instigate unnecessary litigation, usually with poor results.
A good attorney knows what can realistically be expected according
to the laws of the state. Look for attorneys who simplify rather than
complicate your case.
- At every step in the divorce process, ask what alternatives
exist for choices being made. Look for attorneys who provide neutral,
settlement-oriented advice. Studies indicate the best long term results
are gained through more cooperative directed negotiations.
- Be honest. Do not present information in half-truths.
Be honest in representing your part in your marital relationship.
Accurate information allows your attorney to reach the best possible
settlement on your behalf in the most economical manner.
- Be prepared. Your attorney will tell you what information
you will need to provide for your case. Present requested documents
and information in an organized manner and be certain the information
is complete. Time and money is wasted when an attorney has to wait
for days and weeks to process various documents because of incomplete
or missing data or when the attorney has to spend time sorting through
documents.
- Be up front about money and fees. This is a business
arrangement and you have agreed to pay for the services of the attorney.
Discuss retainer fees, hourly rates, what occurs when a retainer has
been depleted, and how other clients have found or obtained funds
necessary to pay for attorney services.
- Watch bills carefully. Keep a record of the time you
spend communicating and meeting with your attorney and insist on itemized
statements that track the amount of time spent on your case and what
specifically that time represents.
- Minimize costs when possible. Make a list of items
to be discussed and questions you may have and make one phone call
instead of two or three. Ask your attorney to consult with you before
taking steps that may incur substantial costs. Find out if there are
alternatives to these steps that would require less time and money.
Finally, keep in mind that you are the best person to
make final decisions that affect your life. Your attorney can provide
valuable legal information that assists you in making informed decisions
that will lead to the best possible outcome during a very difficult
time. Your ability to work with your attorney in a calm, business-like,
competent and well prepared manner will go a long way in optimizing
the dollars spent for the services provided.
