Divorce Basics: Selecting the Right Attorney
Whether you are in the beginning stages of researching the divorce process or your spouse has recently informed you that they want a divorce, it can be a confusing and overwhelming time. One of the most important decisions you can make is selecting an attorney that best fits your needs. It is important to select an attorney that is competent in family law, someone that you are comfortable with, and someone who listens to and advocates for your interests.
A great starting point for finding the right divorce lawyer is personal recommendations from someone you know that has used a specific lawyer for their divorce process and had a positive experience. Another good resource is other professionals who are familiar with the attorney’s work. A good second step is internet research. You can view the attorney’s website to understand their background, experience, and approach to family law cases. It is also helpful to read online reviews posted by past clients. It is highly recommended that you retain an attorney who works largely or exclusively in family law. Family law matters can be very sensitive and personal. Because each attorney has their own personality, style, and approach, it is wise to speak with a few different attorneys to get a feel for them and ensure that they make you feel comfortable and heard.
When interviewing attorneys and firms, be sure to ask about their consultation fee, hourly rate, and retainer fee. Hourly rates and retainer fees range significantly between lawyers and firms and are centrally based on the attorney’s level of experience and their type of practice. A retainer fee is a pre-payment of legal fees. The retainer fee is placed in the attorney’s trust account in your name, and thus is not accessible to the attorney until they earn it. It is a good idea to ask the attorney if they send out their billing statements monthly or on some other basis so that you can keep track of the remaining balance of your retainer. When your case concludes, if there are still funds from your retainer fee in your trust account, the attorney should promptly refund the remaining balance to you. If your legal fees exceed the retainer fee, you should ask the lawyer if they will bill you on a regular basis or if they will require the retainer to be replenished.
Additionally, there may be differences in how attorneys issue billing statements. Many attorneys bill in increments of an hour (for example, .1 or .25 of an hour) and it is a good idea to ask what the attorney’s practice is. Attorneys may charge different rates for support staff in the office or other lawyers within the same practice. You should ask if you will be consulted before being charged for any other costs or expert fees. You should receive an engagement letter or client agreement from the lawyer that outlines how the office bills and the terms for representation. Be sure to read the agreement thoroughly and ask the lawyer any questions you have before you sign it.
All of these are important considerations when hiring your divorce attorney. Ultimately, your choice of attorney will be one of the most important decisions you make in your case. It is wise to choose someone who you feel comfortable with and who will listen to and advocate for your interests.
