Quite often, I take over cases because a client is not happy with his or her previous counsel. The complaints are usually the same and lead to a spirit of distrust between attorney and client that led the client to eventually seek another attorney. Here are two things you should never accept from your Divorce Attorney:
Photo credit via Max Nathan
- An Attorney who doesn’t send billing. Not only is it good manners and basic respect for an attorney to send a client the timesheet each month, it is important information for the client to know. There are attorneys who don’t routinely send the client’s the timesheets. We call this “billing” but it is not always that the client owes any money. Billing is designed to keep the client informed of the work being done on the case and the breakdown of how the client’s money is being used.
If the client is not kept informed on billing, the client can’t make changes or help steer the direction of the case. One of the most common mistakes clients make is not insisting on a billing statement. The client will allow the case to go on for months and then the attorney will send an outrageous bill and expect the client to just pay it. Even if all of the time is justified, it is the client’s right to know the status of billing each month.
Often clients don’t realize how much it costs to email or call the attorney. We are happy to address client’s concerns but it is billable time. Especially early on in the case, clients will often email with non-legal issues. For example, they’ll want to give more detail on exactly how their spouse wronged them. Generally, these are more therapist issues and, if the client isn’t receiving a statement each month, the client may not realize he is spending hundreds or thousands of dollars contacting the attorney with emotional issues more appropriately addressed in therapy.
No matter the case, clients should be good consumers. Don’t assume “no news is good news” or that if you’re not receiving a bill that is a good thing because it means you don’t owe money. Clients should insist on a billing statement and review it carefully. If the attorney doesn’t want to give the client this information, it is certainly a red flag that should be explored.
- An Attorney who doesn’t explain the process. Yes, you should trust your attorney. Yes, your attorney is better equipped than you to make decisions on your case. Your attorney is less emotional and more knowledgeable about the proceedings. However, this doesn’t mean you fly blind throughout the process.
I hear clients complain often about other attorneys who never explained anything to them. Never accept an attorney who doesn’t take time to educate the client. Ultimately Attorneys are to give guidance and help clients make an informed decision. If the attorney isn’t patient enough to explain things, the client can often feel unnecessary stress because she has no idea what is going on. The client doesn’t know what to expect and the fear of the unknown is exacerbated.
It is money well spent to insist on an attorney who has the heart of a teacher. Even though the attorney has said the same thing to hundreds of clients, she should be willing to sit with each client and give an overview of the legal process in a way that eases the client’s nerves and helps the client better understand the path forward.
Other great tips for choosing a good attorney and managing the attorney client relationship are found in Divorce with Joy – A Divorce Attorney’s Guide to Happy Ever After which can be purchased by clicking here.
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