Through previous questioning on this site I now know that I need to hire a family lawyer to help settle my divorce/child custody. What types if questions should I be prepared to answer during the initial consultation and what are the things I need to know about them? I'm nervous and intimidated by this process and very scared to lose my children to my bully of a soon to be ex husband. Any suggestions would be very appreciated. Thank you.
Finding the right attorney to handle your divorce can make a huge difference in the outcome of your case. Many people who rely merely on advertisements or word of mouth have discovered this fact too late and suffer the consequences. Every prospective client should take it unto herself or himself to make their own inquiry before hiring their divorce attorney. I’ve broken the process of selecting the right divorce attorney into four easy steps with some related questions you may want to ask prospective counsel. I hope this guide helps you find the right divorce attorney for your case!
Part One: Hire a personable attorney specializing in divorce. Hire a divorce attorney with whom you can get along. Don’t overlook personality. Try to hire a divorce attorney with whom you can communicate easily. Think of you and your divorce attorney as a team. You will probably spend a lot of time together, so if you don’t get along, the divorce process will only become more difficult, more time
Part Two:
HIre an affordable and responsive divorce attorney.
Hire an affordable divorce attorney who is responsive to your needs. The best divorce attorney in the world isn’t right for you if you can’t afford their fees. Similarly, your attorney is no help to you if you can’t contact them when you need them; or if they don’t return your calls. So before you hire a divorce attorney, learn as much as you can about how he or she maintains contact with clients and charges for his professional services. You should also learn how the firm handles billing and collection of attorney fees and case related expenses. • Will you be the contact person for my case? • How should I contact you to discuss the case: email/phone/fax? • Do you have a policy for returning client calls? • What is your hourly rate? • Do you require a retainer? If so, what are the terms? • What is the hourly rate for associates and paralegals? • Who pays for expenses such as: experts, filing fees, court reporters, etc? • How are your hourly fees charged? (e.g. by the exact n
Part Three:
Hire a divorce attorney who understands both the legal issues and your view of the case.
Hire a divorce attorney who understands the issues in your case. Think about the potential issues in your case before meeting with an attorney. If you have children, your attorney should be experienced with child-related issues such as custody, visitation, and child support. If either you or your spouse will require financial support, you’ll need an attorney experienced handling alimony issues. If you own complicated or sizeable real estate investments, financial investments, retirement assets and/or other valuable assets, look for a divorce lawyer with experience handling more complex financial issues. If you own a business, your divorce attorney should be accustomed to handling cases involving valuation of a business. The list goes on and on. The important thing to remember is to make sure your divorce attorney is experienced with the issues in your case. • How frequently do you handle cases involving: alimony, custody, etc.? • What other professionals may be needed to pay to pres
Part Four:
Conclude the meeting and make your decision.
You are the boss! You may conclude the meeting by thanking the attorney, requesting a copy of any proposed Engagement or Retainer Agreement and making whatever payment was required for the meeting. Explain to your prospective divorce attorney your timeframe for hiring an attorney and what, if any, next steps remain befire you retain an attorney. Ask the divorce attorney if there is any more information they need from you. Ask if you can follow up with any additional questions. Thank the attorney for meeting with you. Absent emergency circumstances, you should definitely leave without having retained the attorney. This gives you additional time to think about your decision.
I handle cases throughout Maryland and can be reached at 301-717-6959.
Vance R. Redmond
There are many fine family law lawyers in the Annapolis area, where you posted this question. You will likely need to meet with your lawyer on a number of occasions, and it always helps to have a local lawyer in the county where your case will be pending who is familiar with all the judges (although there are many fine out-of-county lawyers who practice regularly in Anne Arundel County). If you know of anyone in your personal social circle who has gone through a divorce, ask their opinion of the lawyers they used or who opposed them. You may also wish to consider a lawyer who has been trained in the collaborative practice of law, so that you will have the option of proceeding in that supportive process, which removes much of the adversarial nature of the typical divorce proceeding (of course, your husband would also need to agree to proceed in that process as well). Do not be afraid to ask questions, like how many contested family law cases involving child custody and property division has the lawyer handled. Meet with several lawyers (at least 2 or 3). Interview them, ask about fees, payment plans, their hourly rates, and what they estimate the costs and fees will be over the course of the representation if the case is contested on the one hand, and if it is settled through negotiation. Ask about their experience in securing an award of legal fees from the opposing party, and whether that is a realistic scenario in your case. Make a determination whether you like the "bed side manner" of the lawyer you are meeting with, whether you feel they are responsive to you and not impatient, and whether the lawyer has reasonably specific answers to your questions about the issues which are important to you (child custody, visitation schedules, alimony, property division, pension division, etc.), or whether you are left feeling none of your questions were answered (an indication the lawyer either cannot communicate well or is inexperienced). Research the lawyer and see if they have positive ratings or reviews. Don't be afraid to ask lots of questions until you are satisfied that the lawyer is listening to you and knows what they are doing, and what it is you would like to achieve. Lawyers are professionals. They are in business, but they are known as counselors for a reason. The lawyer you choose should counsel and guide you through this process with your best interests at heart. You will want a lawyer who is honest and up-front about the potential costs and outcomes in your case, not one who simply tells you what you want to hear. Hopefully this helps. Good luck to you.
In addition to the other two Maryland attorney's good answers, I would add that often potential clients will look for the "best" attorney available and will make the mistake of believing that the most expensive attorneys are the "best." The best attorney for you is the one who will accomplish your legal objectives at a reasonable cost. Personality and style of approaching your case, understanding of the issues and your legal goals, and ability to work with you are all factors which you must consider. Whether an attorney is within five minutes from your door or not, is not a critical factor in view of the fact that Maryland is a small state with a dense population, and many attorneys are willing to travel to court in their own county and in surrounding counties. Make sure you hire an attorney who is clearly not afraid to fight your "bully of a soon to be ex husband," and who has negotiating skills so that at least you have a better chance of negotiating matters to a successful resolution. The attorney who immediately employs all the high pressure, big fight litigation tools without trying the old fashioned approach of trying to achieve your legal goals through negotiation is missing an opportunity to reduce your legal fees. The least expensive litigation and negotiation tools should be employed first in an attempt to save you money on legal fees. If your ex husband responds by increasing the fight, refusing to listen to reason, and rejects all reasonable offers, then the attorney should respond accordingly with the bigger guns of the court battle and all the litigation tools available. And if it turns out that the attorney you select does not listen to you, does not pursue your legal objectives in an appropriate manner, then you can always release your attorney and select one who will be better for you. Use your good common sense and you should do well.
The answers provided here are very thoughtful and informative.
Still, the most important thing besides skill and reputation is "fit." Usually the right lawyer for you is the lawyer that will help you achieve what is most important to YOU. The best way to find that out is for the lawyer to listen to YOU.
A lawyer should be honest about the law and your chances of succeeding in court. Likewise, if a lawyer thinks you "should" ask for more or less, a goo dlawyer will tell you so and explain that to you so YOU can make an informed decision.
Finally, YOU should never feel intimidated. YOU are the client and the most important person in the process. Make sure you find a lawyer that knows that.
Good luck and Happy New Year!
