Attorneys & Fees

Unless you’re an attorney yourself, and perhaps even if you are one, a big question in your mind is likely going to be how to find a “good” attorney to handle your divorce matter. You may know attorneys either socially or in connection with a past legal transaction such as preparing your estate plan. You probably know of other lawyers. Ultimately, however, you need to find an attorney to represent you who will be accessible, who you can feel comfortable with and one who both knows the law and has an aggressive approach to family law.

If there is one area in your divorce that we are adamant about your need for top-notch, it is in finding the best lawyer you can. There are horror stories about attorneys being interviewed, passing all the client’s questions with flying colors and then being rejected because the client felt they were too expensive. Three or four years later, they hobble back to the original attorney to straighten out the mess that was generated by the less-experienced counselor. Here’s the problem: the first lawyer often won’t take the case. Not as a punishment, but a factor of the law of diminishing return. Most of the damage has already been cased in concrete and can’t be changed.

The lawyer whom you ultimately hire doesn’t have to be a divorce “specialist,” but they should be focused and well-versed on your particular issues. For example, if you are seeking spousal maintenance, your lawyer must be familiar with the judges in your county and know how each rules on that legal issue.

Your choice of who to hire as your attorney may also be influenced by your spouse’s decision. If your spouse has (or you suspect to have) hired a lawyer with considerable experience, you’ll need an attorney with equal influence.

As a short list, here are some things to look for in a divorce lawyer. Make sure your prospective business partner in dissolving your marriage will:

1. Listen attentively to you
2. Instill a sense of confidence based upon experience on your legal issues
3. Give you options and overviews of the pros and cons of each option
4. Defend you vigorously to obtain every advantage available to you
5. Have an experience and congenial support staff
6. Have the ability to be sensitive enough to your inevitable struggles
7. Respect you and all of your ideas and suggestions

Legal Fees

As it relates to legal bills, Abraham Lincoln said it best: “A lawyer’s time and advice are his stock and trade.” Simply stated, a lawyer has no merchandise on the shelf to sell, only time and advice. Think about it: Most people would never expect to walk into a store, take items to the cash register and ask to be allowed to take the items out of the store without paying for them. But people do expect to get legal advice without paying for it.

On the other hand, attorneys have the reputation for charging full hours of time when only a few minutes are spent. So don’t be afraid to ask for exact documentation: don’t accept a simple invoice that merely states something like, “Services Rendered – 2 Hours” with a sum of money due. If you don’t know what work was done, and how much time was spent, since it’s your money, ask!

The most common question we’re asked is, “How much will this cost me?” If money is an issue, forget about retaining the best-known divorce lawyer in town. Tip: You ought to forego him or her anyway, as they’re often too busy to give you the service you deserve. Instead, find a lawyer who practices with other lawyers, has clerks, paralegals, etc. Find a relationship with a lawyer who will has access to resources to get your job done – quicker – and with different financial options.

The components that most often affect your legal bill most are the issues involved in your case and whatever your lawyer’s overhead factor is. Obviously, a divorce between two people who have kids, millions of dollars of assets and a family-owned business will require greater effort than a recently married couple, without children, who work and get paid by the hour. As to the lawyer’s overhead, sole practitioners who practice outside a downtown area often run their offices more efficiently than those who practice in large groups and who have bigger rents.

When you interview lawyers, go prepared to the meeting with a list of questions to ask. Then get, in writing, a fee agreement to review and learn how charges are allocated: phone time, copies, faxes, e-mail, mailings, filing fees, court costs, paralegals, expert witnesses, mileage charges, attorney time, and the time of other members of the firm. If you’re not careful, charges can mushroom overnight.

Never forget: Don’t forget – your attorney works for you. Don’t be afraid to take control. If you don’t understand what’s going on, ask. If you can’t get a reasonable or clear answer, shop around and hire another attorney.