Monday, December 17, 2007



Ten Questions You Must Ask Before Hiring A Divorce Lawyer...

If you are ready to interview divorce lawyers, you should be armed with the following questions to ensure you hire the right attorney. Many divorcing couples find out too late that they have invested money and time with the wrong divorce lawyer. Although it is possible to fire your lawyer and hire a new one during a divorce, save yourself the hassle and pick the right one from the beginning. Here is what you need to ask:


1. Do you specialize in divorce and family law? How many years have you been practicing in this field? (This is crucial. Do not hire a lawyer that does not specialize in divorce and family law.)


2. Are you experienced in the courtroom and how many of your divorce cases ended up in a trial last year? (You do not want an inexperienced attorney representing you at trial. Finding out how many cases went to trial will give you an idea of what kind of negotiator this lawyer is. If most of his cases end up at trial you can expect yours to as well.)


3. Are you a mediator or a collaborative divorce attorney? Do you encourage mediation for your clients? (Although not required, it is better to find a lawyer who is either a mediator or believes in settling divorce cases with one. Collaborative divorce lawyers tend to resolve your divorce in a more amicable and less expensive way.)


4. Will you be the attorney handling my case or will any other associates in your firm be involved? Do you have the time to devote to my case? (Do not hire a lawyer who does not have time for your case and will push your case off to a newer, less experienced associate.)

5.Will I deal directly with you or your paralegal or secretary? Is there a separate hourly rate to speak with paralegals, secretaries and assistants in the firm? (If there is no additional charge to speak to these employees, that is a good sign. You can save money by calling the secretary or paralegal directly for minor questions instead of being billed by the minute by your lawyer)


6. How much of a retainer do you require? What are your hourly fees? Do you require additional retainers after the initial one has run dry? If my retainer runs out, can you delay payment until my divorce is settled and take the funds out then? (Don't be shocked when your retainer runs out and you are required to replenish it or lose representation. Negotiate a deal now with your new attorney to have additional fees paid after your divorce is settled)

7. Can you file a motion in the court asking that my retainer and attorney fees be paid by my spouse? Is it possible for you to give me an estimate of how much my divorce will cost? (If your spouse is the primary breadwinner or controls the martial funds, it is beneficial to find an attorney who will ask the court to direct your spouse to cover legal expenses.)

8.What other costs can I expect during my divorce? Will I have hire other professionals like accountants, appraisers, investigators,etc? Do I pay extra for photocopies, faxes, and other office services? Do you charge for travel to court? If so, how much? (Find out the additional costs now so there won't be any surprises later)


9.Within what time frame can I expect you to return my phone calls? Do you bill by the minute or in blocks of minutes? (Many people are shocked when their divorce lawyer takes days, even weeks to return a phone call, find out this ahead of time and save yourself grief.)

10. Will I receive a written agreement with agreed upon hourly rates? Also, will I get copies of all of my legal documents concerning my case and is there an additional charge for this? (Make sure to get an agreement in writing outlining all of the hourly fees,additional fees and other costs your lawyer will incur)

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