[Company Logo Image]

[Under Construction]

FINDING A DIVORCE ATTORNEY

Finding the divorce lawyer that is going to be able to represent you through the legal process can be the most important decision you make. Before shopping for a lawyer, an analysis of the facts in your case should help you in deciding what kind of lawyer you will need.

If you have little property, no children and both you and your spouse want the divorce, you may not need the most experienced, seasoned trial lawyer around. However, if there is considerable property, maintenance and child support payments or custody disputes, you need a divorce lawyer who is very familiar with the divorce law issues involved in your case. There is no substitute for experienced, competent counsel.

ASK YOURSELF THESE QUESTIONS

Before calling a lawyer, know yourself, your spouse and your financial situation well enough to be able to evaluate the type of lawyer you need. The following questions will help you in evaluating your need for legal counsel.

	Who has initiated the divorce action
	What is the real reason for seeking the divorce
	Is mediation or counseling possible

Is it possible that you and your spouse can mediate to resolve any differences between you? Is it possible that through counseling you might resolve the issues and avoid the divorce?

Who should handle negotiations

Is it more likely that your lawyer or a third party will be able to negotiate more effectively on your behalf to arrive at the best settlement? Would you, acting alone, tend to be too emotional or easily intimidated?

	Is this going to be a hostile “War of the Roses”
	Is child custody an issue
	Are there special issues involved

Is there a critical personal property item, real estate or business interest involved? Is the children’s education likely to be a factor?

THE LAWYER’S ROLE

Not all lawyers work in the same way and not all lawyers are equally skilled in all areas of family law. The lawyer who is a terrific negotiator may not be a good fighter in the legal trenches to protect you if this divorce becomes a “dog fight.”

Keep in mind that lawyers are trained to serve and protect their clients’ interests. The legal system is adversarial and most lawyers will use the tools of the system. In some cases, this may mean that lawyers can fuel the flames of fire and escalate a divorce battle. Some lawyers consider this a responsibility to improve the settlement for their client. On the other hand, do not underestimate the other side. It has been said “You don’t really know the person you married until you divorce them.”

HOW DO YOU FIND A DIVORCE LAWYER?

There is no infallible method for finding the best divorce lawyer, but you must start somewhere. Interview more than one. Compile a list and call for appointments. Expect to pay for the initial interview. Ask how much it will cost for the initial interview when you call for the appointment and make a written note of the response.

How do you develop your list of nominees? Ask someone who has been through a divorce. If they were very satisfied with the lawyer they worked with, put that lawyer on the list.

Perhaps you know someone who has been through a divorce and believes they had NOT done well in the settlement, particularly as the result of the legal maneuvering that took place. Ask for the name of their former spouse’s lawyer.

Ask friends, relatives, clergy, therapist and even your barber or hairdresser for recommendations.

Ask a trusted lawyer from another field. If you have dealt with a lawyer for some other legal matter, that lawyer may be able to recommend a competent divorce lawyer. You might ask, “If you were served divorce papers by your spouse, which attorney would you NOT want to see representing them?”

Call the local or state bar association. They will have a list of lawyers who practice family law. However, they will make no recommendations.

The Yellow Pages will list lawyers who handle divorce.

Law clinics or public supported legal services may provide counsel for simple cases. Check your local area for these services.

BEFORE YOU SCHEDULE YOUR FIRST APPOINTMENT

Write (typewritten, if possible) a brief summary of personal information:

	Full names, address, telephone, occupations and employers
	Dates of birth, ages and health situation
	Date and location of marriage
	States where you have resided while married
	Names and ages of children; health problems, if any

Prepare a summary of property owned and debts. Include:

Residence, mortgage, real estate, investments, and savings, IRA’s and pensions, life insurance, cash value and other valuables. List vehicles, personal property, fine arts as well as all charge account and credit card balances.

Assemble copies of important documents

Recent bank statements, brokerage statements, mutual fund statements, last year’s tax return, recent pay stubs, employee benefit reports, and pension summary statements. Never leave originals with an attorney or your only copy of the documents. Gather only major asset documents at this point - there will be time to do a detailed job later.

If you do not have access to a photocopier, try your local public library. Most have excellent equipment. Otherwise, try a quick print shop. Having all this information will make for shorter interviews and save you money.

SETTING THE APPOINTMENT

Once you have a list of possible lawyers, some screening can be done by telephone. The following questions will be sufficient:

Do you handle only family law

If your case is not complicated and you and your spouse are likely to agree on property division, you may not need a specialist. On the other hand, if there are children, property and/or the likelihood of a contested divorce, you need a lawyer whose main area of practice is family law.

What is your hourly fee

If you cannot afford $300 an hour, do not schedule an appointment. Attorneys may charge between $100 to $150 an hour. More experienced, successful lawyers charge more.

	Do you charge a retainer? How much?
	Do you charge for the initial interview? How much?

Most lawyers do, since you will be receiving advice and counsel even during an initial interview.

THE INITIAL INTERVIEW

During the initial interview, you should be prepared with your own agenda. The lawyer will ask you many questions, but you want to be in control of the meeting. You are the person seeking the information - to determine if this is the lawyer you want to trust with your financial future.

Here is a list of questions you should ask during the interview:

	Do you work exclusively in family law? If not, what percentage of your practice is divorce
	What percent of your cases go to trial

Only 3% to 5% of cases go to trial, but your lawyer should be ready to go to trial, if necessary.

	Do you encourage mediation
	What is your policy for answering telephone calls

Does the attorney charge for each call? Do you take telephone calls at home? What to do about emergencies? What do you consider an emergency?

	How long will this divorce take
	What is a ball park estimate of how much it will cost

Are the Court costs separate? Estimate? Will my spouse pay the lawyers fees?

Will you be the lawyer working on my case

If not, who will? What are their qualifications? How much do they charge? Are different attorneys in the firm billed at different hourly rates?

Do you utilize other experts

If so, do I have input into the choice of experts?

	What are outside experts likely to cost
	How likely do you think a settlement might be

To what degree will you involve me in the strategies for reaching a fair settlement? Do you do it all? Do you welcome a team approach?

Based on the information provided to you today, what do you think I can expect in a property settlement? Maintenance? Child Support?

	Do you have a standard contract or letter of agreement
	Do you send out monthly statements
	Do I receive copies of filings and correspondence

Ask about your rights and responsibilities under the law.

WHAT YOU SHOULD BE LOOKING FOR

After interviewing two or more lawyers, asking each the same set of questions, you should have some idea of the type of lawyer you wish to represent you. Your main concern should be to choose a lawyer with the level of experience and competence required for your case. A secondary, but important consideration, is the comfort level and personal compatibility you feel.

USING AN INTERVIEW QUESTIONNAIRE

Selecting an attorney to handle your divorce is a critical decision. It is easy to forget which questions to ask. Answers may blend together after interviewing several attorneys. It may become difficult to recall which attorney made which response. The best solution is to take a written form into each interview.

After handing the attorney your family and financial summary, along with discussing the circumstances, you might comment, “Now that you have a brief understanding of my situation, I’d like to ask you some questions. I’m sure you won’t mind if I take notes.”

Ask each question and record the response along with your reaction immediately. Do not go to the next question thinking you will remember the response.

You do not need to make a commitment at this time. You might comment, “I had scheduled an appointment with another attorney, which I must keep, and I will be back in touch with you soon.”

Immediately after the meeting (you can even do this in the attorney’s waiting room) finish your questionnaire and post the numerical summary of each point on the Divorce Attorney Evaluation Form. Be sure to enter your personal appraisals, which are extremely important.

Note: The attorney will also be interviewing you as a potential client - it is entirely appropriate for you to be doing the same. If an attorney resents your questions, then you have accomplished your objective - he or she is not the counsel for you!

Source: Ruppert, Bronson & Smith, Co., LPA

[ Home ] [ Up ] [ Services Offered ] [ Divorce Specialists ] [ Form ADV ] [ Partner Profiles ] [ Newsletters ] [ Monthly Newsletter ] [ Account Access ] [ Neat Facts & Stats ] [ Calculators ] [ Links ] [ Location ] [ Free Email Advice ] [ Everbank ] [ SEARCH ] [ Site Map ] [ Privacy & Disclosure ]