Should You Hire a Lawyer?

In a contested divorce matter, the stakes are high, and there is a lot of animosity between the parties. In other words, it is the type of situation for which lawyers were invented. Can you represent yourself? Sure, if your spouse doesn’t have a lawyer and the two of you want to battle it out in the courtroom without the benefit of legal counsel, go for it. At least you’ll be on equal footing. But in most cases, you’d be wise not to represent yourself. Divorce and matrimonial law is complex, and the law is not always as accessible as you would like. Remember this: If you are going all the way to trial, you probably know how much is at stake – so make sure you have as much help as you need.

Warning: Avoid Overloaded Attorneys!

Let’s face it: most of us today are overloaded. Your attorney is no different. A common post-divorce complaint is that clients feel their attorneys didn’t fully pay attention to critical issues and that, at times, their cases may have been sloppy or not managed well.

Many attorneys (especially at the bigger firms) have big demands to bill 1,800 or 1,900 hours a year. They take on more cases than they can really manage, in the same way that hotels or airlines overbook. They know, deep down, that some of their cases will eventually drop out, some will settle, some parties will change their minds and reconcile, and some cases will take longer than originally anticipated. To compensate for these fluctuations, many big city law firms and top-dollar attorneys fill up their funnel with too many clients. In the end, it becomes a way of life for them. If this is a concern for you, get it out on the table now.

This is another reason why you should interview attorneys and ask them lots of questions. Be proactive. Take the bull by the horns. Learn why it’s important to manage your divorce like it’s a business.

Especially when you are confronted with a spouse who has legal representation, you need both the comfort and insurance knowing that you have competent and zealous legal representation to best decide the issues of custody and parenting plans, support, and property division which can be so complex. 

• Your lawyer will not return your phone calls
• Your attorney misses deadlines
• Your attorney is unprepared
• You are unable to communicate with your lawyer and they dismiss your opinions

If you do switch lawyers, it is always best to line up a new one before firing the old. The transition should be smooth. Make sure your bill is straight and that your file is made accessible to you and your new attorney.

You receive bills that can’t be explained or nothing is being accomplished.