Choosing the Right
Lawyer
The right lawyer can make a real difference both in the
outcome of your divorce and how you make it through the very
emotional process. You want a trusting relationship. You want a
lawyer who is serious about your case and listens to your needs.
You want a lawyer who moves your case forward to conclusion. Here
are some tips on choosing the right lawyer.
Pick a lawyer, not a law firm.
The most important relationship is not between the law firm and
the client, but between the law partner and a client. Seek out a
relationship with an individual partner in a firm as your lawyer.
Never have a relationship with a law firm -- have a relationship
with a lawyer. Make it that partner's responsibility to manage
your case. If your case is passed off to an associate, demand an
explanation and demand to know the associate's experience. If the
law partner that drew you to the law firm wants to pass off your
case to an associate, then you should be thinking about another
firm. Ask the lawyer you meet with this question: "Will you
be handling my case?"
Ask yourself: "Do I like this lawyer?"
You must be able to get along with your lawyer. The initial
interview is as much about deciding if you can have a working
relationship with your attorney as it is finding out about how the
law applies to your case. If the lawyer you are meeting with is
abrasive, distracted, disorganized, or acts in any other way that
does not give you confidence, consider how you will feel later on
in the case if you chose this lawyer.
Demand expertise and experience.
It used to be common for layers to handle all manner of cases
from divorce to traffic to real estate. More and more lawyers are
limiting their practice to specific fields, including family law.
You would not go to a general practitioner for open heart surgery,
and you should be very hesitant about going to a lawyer who does
not limit his or her practice to family law matters if you need a
divorce.
Fees: Don't give your lawyer a blank check.
You should be able to get a very good idea of the cost of your
case from your lawyer. Ask if there is an option for a flat fee so
you will know what the case will cost you. Unless a lawyer can
offer you a flat fee option, you have no way of knowing how much
legal representation will cost.
Settlement and litigation.
Settlement and litigation are two sides of the same coin. Most
family law cases settle out of court. Some do not. You need a
lawyer that is equally comfortable in settlement negotiations and
the court room. Ask your lawyer what training and experience he or
she has had in family law negotiations, mediation, and
collaborative law. Ask your lawyer if he or she has the experience
to handle your case in court should attempts at settlement fail.
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