Maybe you’ve been moving toward a divorce for a long time and have finally decided it’s time to take the next step and consult a divorce lawyer. Or perhaps your spouse has served you with divorce papers and you’re scrambling to respond. Either way, you need an attorney to help guide you through this major life transition. But how do you find the right attorney? What should you keep in mind while interviewing a potential divorce lawyer?
Finding divorce lawyers, especially when you are on a tight timeline, is a challenge. If you are lucky, you may know someone you feel comfortable asking for a recommendation. If not, you may find yourself looking online for a divorce attorney. But no matter how you connect with prospective divorce lawyers, you are going to want to be sure they are the right fit for you before signing on the dotted line. Your choice will affect not only the outcome of your divorce and the aftermath, but your experience of the process itself.
Here are some tips for interviewing divorce attorneys that will help you make the right decision.
It can be difficult to know where to start, but having some questions prepared can help you get the most out of your consultation. The questions you ask will of course depend in part on your situation and goals, but you should consider asking the following to learn if a lawyer is right for your needs.
This gets to the heart of the attorney’s experience. It’s not to say that a newer divorce lawyer can’t be an excellent advocate, but an experienced attorney is far more likely to have developed knowledge of the law and the local courts that can be extremely helpful to you.
This is another way of finding out about a divorce lawyer’s experience. Not every lawyer focuses solely on family law, and many lawyers practice various types of law. Decades of practice in family law may not mean much if a lawyer handles only one or two simple divorces a year, but the main focus of their practice is elsewhere. Ideally, your lawyer will concentrate much or all of their practice on family law, meaning they are in tune with the nuances and changes in the law.
When interviewing a divorce lawyer, it’s important to remember that not all divorces are created equal. If you expect to have unusual or challenging issues in your divorce, such as significant assets or contested child custody, you want to work with an attorney who has specific experience with those issues. Bonus: asking this question will also give you clues about their approach to cases in general.
This one is a little tricky. The great majority of divorce cases settle before a trial, through negotiation or mediation. That means that some lawyers who focus exclusively on family law might have a lot of divorce experience, but not a lot of trial experience.
That could matter to you, even if you don’t expect your case to go to trial. Here’s why: an attorney who is comfortable trying cases is a more effective negotiator. He or she will not encourage you to accept a settlement offer that’s not in your best interest just to avoid a trial. Equally important, if your divorce lawyer is a seasoned litigator, opposing counsel may be more amenable to settlement, because they don’t want to go up against your lawyer at trial.
And of course, if yours is one of the few divorces that does go to trial, you’ll be glad you have an attorney who is a skilled and confident litigator.
Let’s face it: whether you are facing a high net worth divorce or living paycheck to paycheck, you want to manage the cost of your divorce. An experienced attorney will command an hourly higher rate, but do a better job and be more efficient, making their fee a better investment.
In general, what you want to hear in response to this question is clear information about the attorney’s fees, their retainer and how they bill, and most importantly, a sensitivity to your very valid concerns about cost—regardless of your assets and income. You don’t want a cheap lawyer; you want one who is transparent, respectful of your resources, and can craft a winning gameplan within your budget.
Just as no two divorces are the same, no two divorce lawyers are the same. Some are aggressive “pit bulls” who love to fight. Some are committed to keeping things as peaceful as possible. Pit bulls can increase conflict that makes divorce more unpleasant (and expensive); peacemakers may not have the ability to fight for you when necessary.
In asking about an attorney’s approach to practice, you’re looking to understand their philosophy and whether it meshes well with yours. But you are also getting at whether they can tailor their approach to fit the needs of your unique case as it unfolds.
You will have many other questions of your own to ask a divorce attorney you are interviewing, but the answers you get aren’t all that matter. Yes, you want a divorce lawyer who is experienced, with the skill to advocate for you and values that align with yours.
But some of the most important information you will get when interviewing divorce lawyers will come from you: how do you feel after consulting with the attorney? Divorce is an intensely personal process, as well as a legal one. That doesn’t mean your divorce lawyer should be your best friend, but you should feel comfortable working with them and should trust them to work for your best interest.
To learn more about choosing a divorce lawyer, or to talk to an experienced family law attorney about your situation, contact Premier Family Law Group to schedule a consultation.
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