SELECTING A DIVORCE LAWYER

Selecting a lawyer to represent you in your divorce is more than just picking a name; it means establishing a close and sensitive relationship that will continue for months and perhaps years. It is important to find and hire the person who is right for you and your case.

Lawyers, accountants, psychotherapists, members of the clergy and other professionals meet and work with divorce lawyers in the course of their work and are often a good source of referrals. Ask them for the names of family law specialists with good credentials and reputations and whose qualifications are most appropriate to your case. Lawyers, in particular, are aware of the reputations of other lawyers, even those outside their specialty, so a lawyer you already know and trust can be an exceptionally good referral source. If you need a divorce lawyer outside your geographical area, divorce lawyers in your area often know who the best people are in other regions.

Lawyers who are board certified by the Florida Bar as specialists in Marital and Family Law were required to pass a rigorous examination in Marital and Family Law, pass an extensive peer review and have a proven level of experience. This is very helpful in evaluating whether or not a lawyer is qualified to represent you.

3. Referrals from friends or relatives who have gone through a divorce are only somewhat helpful. Because every client and every case is different, it is difficult to evaluate the performance of a lawyer in someone else's case especially considering that the lawyer-client relationship is highly personal. You should meet the lawyer and decide for yourself.

Different things are important to different people when deciding which lawyer to hire. For example, a person of limited means may be most concerned about cost. Another person may require experience with a certain type of family law problem. Decide what is important to you and select accordingly.

Here are some criteria to consider:

1. Cost -There can be a significant variation in fees charged by different lawyers. Generally, better known, better established lawyers charge more. The complexity of the case may or may not require a highly skilled expensive lawyer. However, considering the importance and impact of a divorce, the risk of hiring a lawyer solely on the basis of cost may not always be prudent.

Even if cost is very important to you, it is false economy to reject a referral because you are told that a lawyer charges for an initial consultation. Although some lawyers may give useful information and advice in a free consultation, there is a chance that a lawyer who is not charging for the time will treat the meeting more as a sales session and not feel obligated to deal with substantive issues. Even if your purpose is to interview the lawyer in order to help you decide whom to hire, you will not learn enough about the lawyer unless you talk about your case and hear what the lawyer really thinks about it.

2. Gender, age, race, religion, national origin- Competent lawyers come in all sizes, shapes, genders, colors, religions and ages. None of these factors has anything to do with the lawyer's ability. Irrespective of the lawyer's ability, your comfort level is important if the relationship is to work. If you are inclined to hire a lawyer that you feel a common background with, there is no reason why you shouldn't. Just be sure you are not being swayed by stereotypes.

3. Credentials- There are objective factors that may help you evaluate the lawyer's professional competence and appropriateness for your case. The length of time in practice, involvement in professional legal organizations and the amount of family law experience are important criteria as well as whether the lawyer is Florida Bar board certified in Marital and Family Law.

4. Personal compatibility- The relationship between lawyer and client in a family law matter is especially important. You will be telling the lawyer intimate facts of your life and the lawyer may have to give you advice and information that you may not like. Therefore, you must feel comfortable with the lawyer you hire if you are to work effectively together. If, for any reason, you are not comfortable with a lawyer you interview, you should probably trust your instinct and not hire that person. Be sure the lawyer is someone to whom you can talk and who will listen.

5. Location- The location of the lawyer's office may or may not be important, depending on the circumstances. Consider whether it will be beneficial to go conveniently to your lawyer's office to meet and work on your case. If the lawyer's office is far from the courthouse, you may have to pay for the lawyer's travel time.

D. Interviewing- Many people hire the first lawyer they meet. Others interview several lawyers before deciding which one to hire. This depends on the urgency of the client's situation and how quickly that person finds a lawyer they like.

Be prepared to tell the lawyer about your situation. Bring a list of your assets, liabilities, sources of income and copies of the last several years' tax returns. This information will help speed the discussion and make it more meaningful. An outline of the important events in your relationship with your spouse can also be helpful.

Make a list of things you want to discuss and take it with you to the interview. Ask questions. Then ask more questions. Listen carefully to the answers and write them down. Review the answers later and think about them. Listen not only to the information the lawyer gives you, but also to the way it is presented. Think about how the lawyer related to you. While a lawyer may be appropriately optimistic about your case, do not hire a lawyer simply because that lawyer predicts a better outcome than another lawyer.

Although no lawyer can guarantee a result for a client, you may want to get the lawyer's opinion about:

• What is likely to happen with my children?
• How much property will I get?
• How much support will I get?
• How much support will I have to pay?
• Are you reachable by phone?
• If I call and you aren't available, how is my call handled?
• Do you charge for travel time, secretarial time, photocopies, postage, faxes, long distance calls, mobile phone calls, supplies, computer use or anything else other than your time? How much?
• What expenses do you pay from the money I pay you and what do I have to pay directly?
• Under what circumstances would you refund all or part of my retainer fee?
• How much do you know about the judge who will decide my case if it goes to trial?
• Will you be available at the times that are convenient for me?

For most people getting a divorce is a difficult experience. Selecting a qualified lawyer with whom you have a good relationship makes the process less stressful. The tools provided in this article will help you select the right lawyer for your case.