Selecting a divorce attorney is a critical decision making process here in the Yoder area. The person who you hire will be responsible for obtaining or maintaining your custody rights to your children, your property interests, and depending upon the side you are one, either minimizing or maximizing your support rights.
In reality, selecting a divorce attorney is also an incredibly stressful experience. Do it right and you can breath easy. Do it wrong and you will spend years making up for losses that might have been prevented. Do not fear though, we are here to help you in finding your family law lawyer!
Find Out How To Choose The Right Divorce Attorney
Selecting a divorce lawyer to handle your family law case is a very important decision. The following are a few important criteria to help in finding the right divorce lawyer.
Experience and Focus
Any divorce lawyer you consider should have substantial experience in handling divorce cases in your location. An experienced divorce lawyer will know the tendencies of the various judges in your jurisdiction and should be able to use this knowledge to your advantage. Additionally, that lawyer should practice primarily in the field of divorce law. Often people will hire a lawyer who practices primarily in some other area, thinking that any lawyer will do. However, divorce law is a very specialized field that requires particular skills and experience in order to have a likelihood of reaching a successful conclusion.
Past Client Testimonials
Perhaps the best way to decide which divorce lawyer to use for your divorce case is to find out what former clients have to say about that lawyer. While divorce is never an enjoyable process, some divorce lawyers have more success at satisfying their clients than others. If you do not know someone who has been a client of that particular divorce lawyer, you should consider asking the lawyer for a list of clients that you can contact who can describe their experience with the lawyer. While client confidentiality is important, any good experienced divorce lawyer should have at least a few former clients who are willing to vouch for him or her.
When a client becomes dissatisfied with a divorce lawyer, one of the most common complaints is that they were unable to communicate with the lawyer. It is very important that your divorce lawyer be accessible and prompt in responding to your phone calls, emails, and requests for meetings. While you can ask the divorce lawyer about their office policy, this is another area where you can best evaluate the divorce lawyer by hearing what former clients have to say.
If a former client of the lawyer tells you that they found it very difficult to contact the attorney, or that the lawyer either did not return calls or respond to emails or would take several days to do so, you should definitely avoid that lawyer. Divorce is an unpleasant and frustrating process under the best of circumstances. If you are unable to reach your divorce attorney, or at least someone on his or her staff, the frustration level can increase exponentially.
When you make your initial appointment with the divorce attorney, you should inquire about a consultation fee. Some lawyers do brief initial consultations for free, although most experienced divorce lawyers will charge between $100.00 and $200.00 as a consultation fee, or will charge their normal hourly rate.
For example, I charge a flat $100.00 consultation fee with no additional hourly charges, regardless of the length of the meeting. Essentially, the consultation fee is to "weed out" those people who are not serious about the possibility of hiring me. Given that my normal hourly rate is $200.00/hour and the usual typical consultation takes about 90 minutes, the charge for my consultation is significantly discounted. Therefore, you shouldn't let a consultation fee scare you away from interviewing a particular lawyer.
During the consultation it is vitally important that you have a candid discussion with the prospective divorce lawyer about fees and what you can expect. Typically, an experienced divorce lawyer will require the payment of a substantial retainer up front, against which that lawyer's hourly rate and expenses will be charged. You should find out what that lawyer's hourly rate is, what the up front retainer will be, whether any portion of the retainer is refundable if it is not exhausted, and how often you can expect to receive invoices that detail their hourly charges and expenses. You also will want to know how detailed the invoices are. Once again, this is another area where you can get excellent information from those people who have been clients of that divorce lawyer.
While all the above issues are important, there is one final question you should ask yourself before hiring a divorce lawyer. Are you comfortable with that lawyer and are you confident in his or her abilities? If the answer is anything other than a resounding "yes," you should keep looking. Your case is too important to entrust to someone who does not inspire your confidence
Tips for Hiring a Family Law Attorney
So the time has come and you are making the big step of meeting with a divorce attorney for the first time. You are nervous, unsure, and yet excited about getting the show on the road. But the question is what are you going to talk about?
If you are looking for answers about your impending divorce, then you obviously need to have the right questions. Otherwise, you could end up spending that first hour listening to a "sales pitch" rather than getting the answers that you have been so desperately waiting for. It is crucial that you walk into that divorce attorney's office with a plan of action so that you can make the best of this opportunity. If you have to, then carry a list a questions with you, a checklist, anything that will make sure that you cover all the bases. Otherwise, you could end up to spending extra money down the road by calling and asking questions that you should have covered during that first meeting.
Here is a short list of information that you should be able to walk out of the divorce attorney's office with, and a good idea if this is the lawyer that will fighting for your best interests. Remember your financial situation and a great deal of you post-divorce life will likely depend on how hard your divorce attorney works for you.
1) What is it going to cost you? Get specifics on the attorney's fees, including whether or not he/she wants a a large retainer up front or if they will be billing you on a regular basis. You also need to get an idea of what your divorce will cost. This is just an estimate, but an experienced divorce attorney should be able to give a fairly accurate figure.
2) Get detailed information about their experience in divorce law and how long they have been working in the county that you are filing in. You will obviously want an attorney who specializes in divorce, or at the very least family law. And if he/she is new to the county, then you may want to look elsewhere. For obvious reasons, It is a great benefit to have a divorce attorney who is familiar with the judges and other lawyers in the area.
3) Find out if they tend to take a combative or cooperative approach when it comes to dealing with your spouse's attorney, and how often their divorce cases go to trial. You want this to match your style as well. If you are hoping to avoid conflict and want to "settle" your divorce quickly, you will want to be wary of combative attorneys. But on the flipside, you do not want a divorce attorney that will not fight for your rights if your divorce starts to get nasty.
4) Also, it is not unreasonable to ask what the divorce attorney thinks the outcome of your divorce will be. This includes everything, including what you should expect regarding marital property, alimony, child custody and child support. A divorce attorney that declines to give you information on this is either too inexperienced or is afraid to tell you the truth, especially if it is a type of outcome that might not work in your favor. Either way, if this happens, it may be best to look elsewhere for more experienced, straightforward divorce attorney.
Obviously, there is a lot more information that you would want to get from a divorce attorney. And you also need to be prepared to answer detailed questions from them, so that they can get a full understanding of your divorce case.
How To Choose A Family Law Attorney Properly
Asking questions to you divorce lawyer is important. These questions will help you have a better understanding of the divorce process and to find whether the lawyer can handle your case effectively or not.
If reconciliation is out of question and you are considering divorce on a serious note, you should consult your family lawyer. Think of all the questions that you wish to ask him and list them down. Then, arrange a meeting with him. Some of the questions that you can ask your lawyer are as follows:
How specialized is he in the field of family law? Other than family law, there are several fields in which lawyers conduct their practice. You must get the help of a professional lawyer who is experienced in the field. You should obviously ask him first whether he is willing to handle a case like yours. Make sure that lawyer is either a member of divorce lawyer Aberdeen.
What would be the dues? In other words how much will he charge for your divorce case? Whether he will accept his pay through a credit card or cash. Do ask him if he is willing to accept a delayed payment in case of an unavoidable situation?
What will be the way or source of communication between both parties? Will you correspond through a mobile phone or email?
Mobile phone communication is much easier than email. Through mobile phones, you can contact your lawyer even from a long distance.
What will be the process of the divorce? It is your legal right to ask your lawyer about the whole process through which you are to pass. He must educate you how to file a petition, how to negotiate regarding temporary orders and all about the trial process.
How much will the whole process take? Lawyers are experienced enough to estimate the time required in any particular case. Ask your lawyer about how much time your case will consume.
How much will the entire case cost? This is the most important question for you as it may affect your savings and earnings. May be your lawyer shows reluctance and refrains from quoting a figure. After all, it is a difficult question to answer. He may be able to give you a rough estimate and not the actual amount since that caries greatly from one case to another. The cost of your case also depends on how much conflicting and difficult the case is and also the steps that you wish your lawyer to take.
What would be his role in terms of making the divorce process less throbbing, less painful and less difficult for his clients? Separation is sometimes very difficult especially if it is not wholeheartedly. This process lands many people into depression and causes a state of severe mental distress. A professional, experienced and a good lawyer keeps his eye on this psychological aspect of his client. Do ask him if he provides recommendation to consult a therapist or counsellor? Does he help his clients to gain knowledge of the process of self-education? Does he recommend you to consult any other member of divorce lawyer Aberdeen?
Is mediation required in your case? It is another question you can ask your lawyer. You can ask him whether he thinks mediation is possible in your case or not? If he gives you a positive response then ask him if he uses private mediation with his clients or not. A lawyer sincere with his client always tries to settle the case once it is analysed. If he does not use mediation or any other mean to settle the case than he is not loyal to his client. So do ask your lawyer if he prefers private mediation or not in order to solve the case.
You can ask your lawyer if he can predict the reaction of the judge regarding your case. Experienced lawyers can easily foretell the reaction of the judge after the hearing of the case. They prefigure the response of the judge as the completely and thoroughly analyse the case. Do carefully listen to their analysis and consider the facts he informs you about. These will surely going to help you out in your case. If you seriously hold the instructions your lawyer gives you this may turn the case in your favour at any stage of the divorce process. The divorce process seems easy but the reality is the other way round. However, if you cannot avoid divorce and it becomes inevitable, then, consult your lawyer. You can ask your lawyer the above mentioned questions.