10 Questions to Ask Before Hiring a Divorce Attorney
The Top 10 Questions You Should Ask Your Divorce Attorney Before You Hire Them (And Why They’re Important)
1. Has the attorney explained their analysis of the fact of your matter in a way that you understand it clearly? Was the attorney receptive to all your questions?
Why this is important:
Hiring a divorce attorney is distinguished from other types of legal matters given the nature of the subject matter and, particularly, the personal and emotional nature of it. This is not simply a business deal dividing up property or property rights; it involves the most intimate parts of one's life. Reducing it to a business deal diminishes the emotions that are present and must be addressed as well.
Your attorney needs to be receptive to your questions, needs and, often inability to process the decisions that are often thrust at you. This is particularly true when only one spouse is desirous of proceeding with the divorce. You must find an attorney who understands the emotions of the moment.
2. Does the attorney see the case the same way you do?
Why this is important:
I often advise clients consulting with me that the relationship between a matrimonial attorney and their clients is often like a marriage. Trust must be achieved so that the client feels safe to express their concerns and the attorney is equally comfortable advising the client as to their professional judgment as to the validity of those concerns and how to proceed. If the attorney does not see the case as you do, whether valid or not, you must realize that there will always be problems in the relationship.
This is even more true when a client has seen more than one attorney and they compare the advice of one to the other. When I am confronted with this I advise the client my opinion of the advice and, if I completely disagree with the advice, I tell them so and that if they want to proceed in that manner, I am not the attorney for them. One must be careful of attorneys who tell you what you want to hear, but is not a realistic outcome.
3. Is the attorney treating you as an equal, value you as a client and at any point was the attorney dismissive of your concerns?
Why this is important:
You must be heard and obtain answers to your questions and concerns, no matter how many times you ask the question. In divorce cases, often emotions make it difficult to process the information you are given. A seasoned matrimonial attorney knows this and welcomes all questions.
4. Did you experience a rapport with the attorney?
Why this is important:
You must be comfortable discussing the personal nature of the matter at hand. Again, trust must be achieved.
5. Is the attorney capable of handling the complexities of your matter?
Why this is important:
While this may seem obvious, the following questions must be addressed to determine if the attorney is the right person for the job. Matrimonial law is unique in that it encompasses many other aspects of the law such as tax, real estate, estate planning, contract construction, forensic and general accounting and budgetary matters. As to custody, forensic sciences as to psychology and psychiatry, differences in access schedules and decision making, as well as educational matters involving special needs, including medical and educational.
6. What percentage of their practice is devoted to such matters as yours?
Why this is important:
This will help you determine the level of experience. There is a profound difference between someone who devotes 100% of their practice to such matters and someone who practices such matters only part of the time.
7. Has the attorney handled a matter such as yours?
Why this is important:
This, of course, will help you determine the strength of the course of action taken and likely success, or potential obstacles you face.
8. Is the attorney capable of and experienced to take the matter to Court should a negotiated settlement not be possible? What litigation experience does the attorney have? Any reported decisions, trials completed to decision, appellate work?
Why this is important:
While most individuals are desirous of reaching a negotiated and amicable settlement, it takes two people to agree before that can be achieved. In the event you are unable to achieve such a settlement, if your attorney is not experienced to take the matter to Court, you will then have to commence the search for a new attorney or trial attorney who will have to familiarize themselves with the entirety of your case, an additional cost to you.
9. Do you trust the advice and course of action you were given?
Why this is important:
You must be comfortable with the advice and course of action you are taking. You also must give the attorney clear instruction about your position with regard to the course of action. This again, goes to rapport and trust, essential elements in the relationship.
10. Did the attorney just tell you what you wanted to hear or did they explain all possible outcomes, including the strengths and weaknesses of your case?
Why this is important:
An experienced attorney will see both sides of the case and will advise you as to the strengths and weaknesses of all positions. I advise my clients that they must be aware of the so-called good with the bad, so that their expectations are realistic. No attorney wants to have a client disappointed with the outcome and to avoid that, it begins with a realistic assessment of the possibilities. Matrimonial cases are what are called fact specific, no two are the same. So when a client hears about someone else getting a particular outcome, the attorney must advise the client how their case is similar or dissimilar and whether such an outcome is realistic.