03/21/2015
How to Pick an Attorney for a Divorce or Family Law Case
Written by Geraldene Duswalt, Esq.
Family Law Attorney - Scotch Plains, NJ
Finding a lawyer is difficult, and the decision about who you retain for your divorce is an important one. This guide gives you some things to look for when you are seeking to retain a lawyer.
1
How do you know that you need a lawyer?
Whenever a person is contemplating a divorce or separation, they should have at least one or two consultations with an attorney before they do anything else. Family law is complicated and even those people who do not have a lot of money or property should know their rights. Too often people think they can settle the case themselves and save the money on legal fees. The result is often that one person does not get what they should, or their settlement is not enforceable in the future and they end up spending more money trying to fix things later on. A lawyer does not have to be expensive and the money will be well worth the expenditure in the long run.
2
How do you find a lawyer?
The best way is to look for a referral. Often your accountant, your financial advisor, therapist, or friends will have some referrals for you. However, some people do not feel comfortable telling people their problems or asking for a referral from the people they know. There is nothing wrong with finding your lawyer through the internet. Many lawyers advertise on various web sites or sign up for referral services. These are good sources for obtaining names. You can find a quality person as easily as if you were to get them through a referral so long as you do your homework.
3
How to start the process and what to look for?
The first thing you should do, whether you got a name from a referral source or you saw some people that you are interested in on the internet, is to call their office. Some lawyers charge for a consultation and some do not. Family lawyers in New Jersey used to always charge for the time they spend on an initial consultation. However, the recent trend has been for some lawyers to offer a brief free or low cost consultation. Do not make your choice solely on this criteria. The cost for a consultation could be well worth the outlay of money and a paid consultation is usually longer, offers you real advice, and takes in more details about your case. On the other hand, if you are just looking to meet a few lawyers for a preliminary evaluation, you may want to look for a low or no cost meeting. When you retain a family lawyer, you want someone who will be available for you, and who you can get on the phone if you have questions. Look for a lawyer who will take the time to spend at least a few minutes on the phone with you before you make the appointment. This is an important consideration. The lawyer that will talk to you for a few minutes at the outset will likely be more inclined to talk to you throughout the case rather than have the secretary or paralegal speak with you. A lawyer who will take a few minutes to talk to you at the outset is also less likely to overbill you later on. Take note of that and make that be part of your consideration.
4
Whether to pick a small firm, solo practitioner or large firm?
This may be a personal choice, but consideration should be given for the type of practice you want and the type of services you are looking for. Solo practitioners are generally less expensive, and more accessible. Many solo practitioners run their own offices and can make individual decisions about how to handle your case instead of being constrained by firm policy. This can benefit you both in terms of billing and in terms of how they interact with you. Look for someone who is willing to give you their cell phone and who would be willing to answer your questions off hours. Typically lawyers at large firms are not available for you in this way. Even during business hours, you will generally get a secretary or paralegal on the phone if you use a large firm and you may not have access to the lawyer. Also, with a large firm, you are paying in part for their nice offices, their overhead, and their employees. The other disadvantage of a larger firm is that you may not always have the same lawyer appear in court for you and sometimes they will assign your case to a different associate. You should ask at the outset if that is possible and take that into consideration when you sign on. Solos are also more likely to be flexible in their billing. If money is a consideration, ask whether you can pay the retainer in more than one payment. This may be an important consideration when you make your choice.
5
What to look for before and during the initial consultation.
Before you go for the initial consultation you should have already looked up the potential lawyer to learn something about them. Most lawyers have web sites that will give you some basic information such as their years out of school, where they went to school, the associations they have joined and their practice. You can also find out if they have any disciplinary actions or ethical violations against them. However, do not be impressed by a fancy web site. That just means that they have paid someone to make it for them. Look for the message in the web site; do they stress that they are compassionate, do they stress that they will give you the attention you need. Look at what they are saying but do not be impressed by graphics or other fancy perks. Try to get a feel for the lawyer. Then make the call and see how their office handles your call. If you have to leave a message, see how long they take to call you back and whether it is the lawyer or the secretary that makes the call. If your initial call is not handled well, you might want to look elsewhere.
6
The initial consultation
When you go for your consultation, you should get a feel for how well you relate to the lawyer. Try to consider whether the person is someone you can work with. Do not be impressed by a fancy office. That only means that you are paying for it. However, you should look at their desk and their office. Does it seem organized and orderly? If so then they most likely practice that way. If they appear disheveled, then that is most likely how your case will be handled. Do they see you close to your appointment time, or are you waiting for an hour? Look beyond the actual office space at the lawyer, does he or she seem confident. When they explain things to you, is it in terms you understand. See if you can relate to them and then look at the way they explain your case, consider whether you can understand what they are saying. Look at whether they seem like they really care about you. People think that lawyers are all about the money. However, there are many quality lawyers out there that really care about their clients and their cases. While they need to make a living and are charging you for their services, a lawyer should care about your case, and you should feel that at the first interview. Also look to see how they explain their fees. Ask if they charge you for messages they leave on your voice mail or text messages. The answer to this question will indicate how much they will "nickel and dime you" during the case.
7
Does your lawyer need to be located in the same town, city or county as you are?
The answer is no. Lawyers are licensed throughout the state. Some people think that a local lawyer is better because they may know the judges. However, this is not true. Just because a lawyer appears in one particular court, or has been a former prosecutor in that location, or has familiarity with court staff, does not mean you are going to get a better outcome. Thinking that the judges give better treatment to some lawyers but not others may result in your not picking the best lawyer for your case. If you choose a lawyer who is organized, efficient, and who does a good job, it does not matter whether they see the judge at bar association functions or not. While the location of the law office needs to be assessable to you, it does not need to be in the same city, town or county. Most family lawyers practice in multiple counties. One consideration however is their travel time. Some lawyers will charge a flat rate for travel to counties outside of their "home" county. While all lawyers charge for travel time when the case is an hourly billing case, some just charge a flat rate and some charge for their actual time spent driving. This is important if the law office is not located in the county in which the court is located. Ask this question. If the lawyer will charge you actual time and they are far from your county courthouse that is a consideration you want to know.
Additional Resources:
Other than the internet, call your county bar association. Each county in New Jersey has a legal referral service that can give you some names. It does not mean they are better than any other lawyer, only that they are listed with their bar association, so you still need to do your research, but this is a good place to start. There are also web sites that list attorney advertisements. While they are often paid for, they can be a good source of names. Local chambers of commerce can also be a good referral source.
