How do you know if the attorney you are meeting with is right for you? Below are 10 questions to ask a divorce lawyer in a consultation. In my book “Divorce with Joy” I discuss these questions in much more detail, but below is a summary of the questions you should ask when looking for legal divorce support and the abbreviated version of the type of answers you should be looking for.
1. What do you see as the issues in the case? What are the arguments against me on each issue? Is there law to support the counter argument? How have you seen the Judge rule on the issue?
The attorney should be able to give you an outline of the issues that will be decided. The outline should be simple, straight forward and easy to understand. Then the attorney should be able to explain the argument of each side in the case. The attorney should also be able to tell you the law and how the law applies to each person’s argument.
2. Will you give me your cell phone number in case of emergency?
No matter how badly you would like to have unfettered access to your attorney, the answer to this question should be “no”. There should be a mechanism by which the attorney can be reached in case of emergency but the client should not have the attorney’s cell phone.
3. How do you feel about mental health counseling?
Every family law attorney should encourage clients to enter individual therapy. A therapist is about ½ the price per hour of an attorney and is much better suited to handle the emotional aspects of a divorce. If a client is in counseling, it becomes much easier for the attorney to work with the client in identifying the legal aspects of a divorce verses the emotional aspects of a divorce.
4. How much will the case ultimately cost?
Now we have reached the million dollar question. No attorney should cap cost. The attorney, truly, has no idea how much the case will ultimately cost. If you get an answer like “as much as it takes to get you what you want” or “every divorce costs at least $10,000” you should seek other counsel. The entire process should be geared towards giving the client every incentive to use logic over emotion to amicably resolve the issues between the parties.
5. Do you have children?
Understanding this may be a controversial stance, I believe the best attorneys for a divorce are those who have kids of his/her own. Whether or not the attorney has children should not be the only or decisive factor in your choice of any attorney, but I do think it should be a factor.
6. Do I have to be tied up in court forever?
The answer to this question should be no. The attorney should give you solutions for resolving your case without going through a long, drawn out process.
7. Will you explain the process to me?
If the attorney has not outlined the legal process already, you should ask him or her for an explanation. The response should be an easy to understand framework of the procedure. If the attorney is not willing to take the time necessary to educate you on what is going to happen and what your options are, then you should move on to a different attorney.
8. What technology do you use in the office?
This may seem like an odd question but, it helps you to determine if the attorney is focused on efficiency. Keep in mind that the more efficiently the attorney works, the less the case ultimately costs the client.
9. Will you reduce your hourly rate?
As much as you may not wish to hear this, the answer should be no. First, it is an accounting and billing nightmare to be working at different hourly rates for different clients. Beyond that, you do not want an attorney who doesn’t value his or her time.
10. Can you promise me ?
The attorney may be tempted to make you promises. Maybe the attorney is so egotistical that he/she believes their actions can guarantee a certain outcome. There is no attorney that can really make such a promise, no matter how talented or experienced. In making such promises, these attorneys are being disingenuous. They either just want to get your retainer or they are delusional. I understand the client is searching for certainty in the process. The client wants to know what will happen. However, the client is going to have to let go of the need to predict the future.
If you found this article helpful, you’ll love the advice you’ll find in Divorce with Joy – A Divorce Attorney’s Guide to Happy Ever After. Click here to get your copy now.
Divorce with Joy provides information about divorce and legal issues designed to help users cope with their own legal needs. This legal information is not the same as personal legal advice – the application of law to an individual’s specific circumstances. If you want professional assurance regarding your personal situation, please consult a lawyer. If you are a lawyer, please review the authorities personally to determine their application to your case.
Photo Credit: Valerie Everett
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