Choosing a divorce lawyer is a critical and key decision you will have to make if you want to emerge from a divorce with the best outcome possible. Keep in mind that “best outcome possible” is a highly relative term. Generally speaking, you want to come out of a divorce with something more than the shirt on your back and ideally, with something closer to an equitable distribution of property, and other real assets are nice, too. It is not a pie-in-the-sky best-case scenario. If you do hard work now, it will pay off later. Of course, money is always a factor, but money spent on a good attorney is money well spent. Oftentimes money not spent here will cost you much more in the end, so picking a lawyer deserves your utmost consideration at the initial early stages. Still, for any budget, there are points to consider when shopping around for a good divorce lawyer. We include tips below to help you make this critical decision a little easier. Ultimately, you need to pick a divorce lawyer who's right for you. But, the first step involves a quick, personal introspection. Take some time and think it through.
Do you need a divorce lawyer?
Ask yourself this simple question. It may be that you and your Ex can amicably come to terms with your property and any arrangements involving custody of children or other financial assets. Maybe it is that you don’t have children, there are no financial assets worth bothering about and there is no real property of any value that might hang in the balance. Maybe you were both in debt and rented a place? In that case, you might do fine with a divorce mediator versus the services of an actual attorney. But, chances are you will not find yourself on such amicable terms with easy solutions to your belongings and a cookie cutter approach to freedom. There is more than a good chance you will find yourself embroiled in a bitter dispute about who gets what and how custody will be shared over the kids. Our general rule of thumb is that if you have any questions or concerns about the divorce process then you are best advised to talk to an experienced attorney who will know how to get you what you deserve and what is fair. The following laundry list of questions is a quick start. If you answer "yes" to any of the following you are best advised to seek the counsel of a professional.
Does your spouse have a lawyer?
Are there substantial financial assets involved?
Are children involved?
Are you concerned about your safety?
Are you afraid of your former spouse?
Was your divorce due to some form of abuse, be it physical, mental or otherwise?
Is your Ex otherwise cruel or vindictive?
If you answered "yes" to any of these questions then it is highly suggested you hire an experienced attorney to ensure that your interest, if not your children’s, is protected. Perhaps you don’t have the money. In that case, hit the phone book or internet and look up your local county. Most usually have a legal aid office where you can access potential lawyers willing to work Pro Bono (for free) or at a reduced cost to you. No matter what you do, you will need to keep in mind lawyers cost money. To say that marriages exist to keep lawyers with a healthy supply of income is no understatement and will be seconded by anyone who has been through the divorce grinder. Once financing is arranged or you have a clue on what you can spend, it is time to begin the hunt.
Getting started...
Word of mouth.
You may have heard the theory that we are all connected to Kevin Bacon through six degrees of separation. You can probably cut those degrees of separation down to three, two, perhaps even one, when it comes to being connected to a divorce lawyer that meets your needs. Family and friends are great places to start. The only way to get started is to start asking your friends, even the happily married ones, if they might know an attorney. They might be acquainted with a relative that just went through a divorce. Chances are somebody will know somebody that might be able to offer you inexpensive advice - at least initially. The idea here is not to leave any stone unturned. You won’t know unless you ask.
Seek references.
Once you have come up with a few names and have decided to meet a few lawyers, ask for a list of people you can call who have used their services recently. Ideally, you want a personal referral from a friend, but at the very least, talk to some actual people that have used this lawyer and get the low-down on their experience.
Interview them.
When you meet with an attorney there are some questions you should be prepared to ask:; What type of fee arrangement do they have? Do they expect you to pay a retainer? Will hours not used be charged against a retainer? Is there a payment plan that works for you? Is the lawyer experienced in your area of family law? For instance, if you think you will have to go to trial, is this attorney experienced in that area or in settling? How long has the lawyer been practicing? How long ago did the lawyer handle similar cases and did he win? Is the law firm excessively busy? Will they hand your case off to an associate? If you plan to appeal any decision, is your attorney experienced in appellate courts? Do the attorney’s sit on any state boards – usually the very good ones do.
Research them online.
There are a lot of places to research lawyers online. The popular search engine, Google, is one of them. Enter “lawyer research” on this or any other search engine, make some time available, and start reading what you find. Take notes.
Referrals from colleagues.
Work can be a great source of lawyer referrals without the awkwardness of asking family. Chances are your colleagues will be in the same income bracket and therefore most referrals they give you should fall in line with what you realistically can spend on an attorney.
This list is only a starting point. The bottom line is you want to assess your personal impression of your initial meeting. Did you have any chemistry with the attorney? Did they take the time to understand your unique situation? Did they listen? Did you come away feeling that they were interested in your case or simply in shoring up another nameless client? If you don’t like the attorney personally, you will not like dealing with them on a constant basis. Think of the client-attorney relationship as, eh, a marriage.
By now we hope you see that it takes planning to find a good lawyer. But, this should come as no surprise, as most things in life fit that formula. Finding a good divorce lawyer is no different. Do good leg work now, so you get good legal work later. Spend some money now, so you don’t go to the cleaner’s later. By following this advice and using a carefully thought-out plan to find a good divorce lawyer, you will have taken the first key steps to ensuring that you have the best chance of success in emerging from your divorce intact, ready to face what lies ahead and start a new life.
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