As a result, your choice of a divorce lawyer may be one of the most important decisions you make in your case.
Not every lawyer will be right for you. You must be sure that your philosophy of how to handle your divorce case matches that of your lawyer, and that the two of you are 'on the same page.' Because of this, you must ask questions and gather information which reveal the attorney's philosophy for handling divorces.
This guide will help you understand the important facts and questions you must know and deal with when selecting your divorce attorney. By understanding how to select the right divorce lawyer for you and your special case, you will get through your divorce with the least amount of cost and stress.
Researching Your Lawyer
Once you have selected a lawyer to meet with, the next thing you should do is to find out about the lawyer's professional experience and background. There are several ways to do this:
1. Search the Internet: Make a Google search for your lawyer. Look for a legal blog, a website, news stories quoting or featuring the attorney, and other online information. Ideally, your lawyer should devote almost all of his or her practice to divorce law.
2. Contact the New York State Office of Court Administration: This office can tell you when the attorney was admitted to practice law in New York, where he or she went to school and when he or she graduated, and whether the attorney is in good standing or has a record of disciplinary actions.
3. Ask Around: You should ask your circle of friends and professional advisers (accountants, attorneys, marriage therapists, etc) what they know about the attorney, or if they know someone who does know about the attorney.
Contacting the Lawyer's Office and Scheduling Your Initial Consultation
Now that you have selected a lawyer to interview and have done research on him or her, the next step is to contact the lawyer's office and schedule an appointment. You can learn a lot about how your lawyer will behave if you retain him or her just by how he or she handles the simple but important task of scheduling a meeting with you, a potential new client.
You should first contact the attorney's office by telephone or e-mail and request an appointment. When you do this, it is important to tell the lawyer's office that you would like to discuss a divorce case.
Take careful note of how quickly your message is answered. Your inquiry should always be answered promptly, and that means within 24 hours. If the lawyer you contacted cannot manage to reply to a potential new client who is bringing him or her a new case and therefore new fees, that fact should tell you something about how he or she will behave once he or she already has your money.
Also, pay close attention to who you deal with in setting the appointment and how you are treated. Most good divorce lawyers rely on an assistant to schedule their appointments, and that person is very often responsible for much of the day to day communications and interactions with you once you hire your attorney. If you are not comfortable with the assistant who sets your appointment, it is a sign that the attorney may not be right for you and your case.
During the interview, you will be able to tell your attorney why you are getting divorced, and what problems need to be addressed regarding your children, your property, and your debts.
At some point during the meeting, you should be able to ask questions about your case. You should try and write down as many of your questions as you can before the meeting so that you make sure you remember to ask them.
In my experience, there are nine questions you should always ask a divorce lawyer during your interview. The answers to these questions will tell you a good deal about your attorney and if he or she is right for you.
1. How much experience do you have with cases like mine?
2. How much of your practice is devoted to divorce law?
3. What other types of cases do you handle?
4. How do you communicate with clients? For example, e-mail, text message, telephone, regular mail?
5. How fast do you answer calls and other communications from clients?
6. How much will your services cost me, and what is your upfront retainer fee?
7. Do you bill for normal business 'overhead' such as faxes, postage, and photocopies?
8. How long does a case like mine usually take if there are no unusual developments?
9. What is your philosophy or style of handling divorces? Why?
Deciding Which Lawyer is Right for You
While you are interviewing a lawyer, you should listen carefully to the answers provided. You should also pay extremely close attention to your lawyer's personality, his or her manners and behavior, and how you feel during the interview. How does the attorney make you feel? Comfortable? At ease? Does he or she treat you as an equal and with respect? Or do you feel like the attorney has a superior attitude and talks down to you? Has the lawyer spent meaningful time with you and provided answers to your questions and concerns in a friendly and appropriate manner?
How you feel about your lawyer and how he or she behaves towards you will absolutely affect your ability to trust and communicate effectively with that person over emotional and highly personal matters. After the interview, assess the strengths and weaknesses of the candidate. Did the lawyer listen to you? Did the lawyer provide enough information to make you feel comfortable that he or she knew the law and procedure in your county? Did you feel confident?
Once you have reviewed and considered the interview and how the attorney behaved and made you feel, what you saw and heard in dealing with the attorney's office in scheduling and conducting the interview, the answers to your questions, and the costs and fees for hiring the attorney, you now have the information and experiences necessary to decide which attorney best suits your needs.
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