what should i look for in an attorney in a divorce

What To Expect From Your Divorce Consultation

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In researching potential blog topics, I ran across an excellent article written for the State Bar of Michigan: The Initial Consultation with Your Divorce Attorney: What to Expect When You Don’t Know What to Expect .   This article is so well written and so thorough that I really don’t have much to add.  But, I will summarize and comment.  I will also discuss in terms of our office and our procedures at Nelson & Davis, LLC.

The first topic discussed is the article is the initial contact and information you need to provide.  When you call our office, we will ask for some basic information such as what type of action you have or may have, what county you reside in and whether an action has already been started.  This is important because it assists our intake coordinators in determining whether we can help you at all.  We do not practice in certain counties and people sometimes are confused as to what constitutes a “family action”.  Our office only handles divorce and paternity cases.

If we determine that your case is something we can help you with, we will tell you what our retainer is and ask you whether you would like to schedule an office appointment.  We don’t want you to be surprised by our retainer only after you take the time to come to our office and we don’t want to waste your time or ours if you don’t want to, or can’t, pay our fees.  We also will only do in-office appointments and not telephone consultations except in rare cases.  There are some attorneys who will do telephone consultations but we find it works best if we meet potential clients in person.

If you decide you want to schedule an appointment, we then ask your name and the name of your spouse or other party.  This is crucial information and sometimes people do not want to give it to us but we will not schedule an appointment without it.  We keep that information confidential but we must determine if we have a conflict of interest.  The most common conflict is that we have already met with the other party.  In that case, we cannot meet with you.  We do not disclose that fact (nor will we ever disclose that to the other party if he/she contacts us) but simply will tell you that we cannot meet with you because we have a conflict.  However, there may be other conflicts.  One of our attorneys may know you or your spouse/the other party in another way and may feel it would be a conflict to represent you.  Or, we may have represented someone connected to you such as your employer, an employee, a relative or a business associate.  Those individuals are a great source of referrals for us and it usually is not a problem but, depending on the facts, we also may consider it a potential conflict.  Whenever there is a potential ethical issue for us, we try to err on the side of caution.

When you come in for your appointment, we will also ask you to fill out an intake questionnaire.  We will ask you to provide more specific information including your income and assets.  The reason for this is so we can provide you more detailed information about what to expect in your case.  All of this information is kept strictly confidential.  The article does a very good job in describing the type of information you will be asked to provide and why.  Keep in mind, if you are uncomfortable in providing any of this information, simply discuss that with the attorney you are meeting with.

The one difference or problem I have with the article is that it indicates that the attorney will be giving you advice at your initial consultation.  This is not true! Until we are actually retained, we cannot provide you with legal advice.  However, what we will do is review the facts of your case, tell you what the law is, what the process is, what you might expect to happen and what we can do for you.

In our firm, it is our goal to provide you with realistic expectations about your case.  Keep in mind, we may tell you things that you are not going to be happy with.  However, we are going to give you an honest evaluation of your case.  It does not help you if we fill you with unrealistic expectations only for you to lose or be disappointed later.  If you want the kind of attorney who is simply going to do whatever you want, then we are not the firm for you.  Be forewarned though – hiring that kind of attorney is only going to cost you attorneys fees and disappointment later.

We have some other blog posts which you may find helpful which discuss what type of attorney to look for, when to start looking for a divorce attorney and what questions you can ask at you initial consultation (Archives – May, 2012).

If you have any questions or would like to meet with one of our lawyers for a free initial office consultation, please call us at 414-258-1644.  You can also visit our website for more information.

3 Questions to Ask a Divorce Lawyer Before You Hire Them

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Going through a divorce can be a difficult and painful process. It’s made even worse by the fact that most people aren’t emotionally or financially ready to handle what’s ahead – even if they are the ones filing for divorce from their spouse. Nonetheless, finding the right divorce attorney is an absolutely critical decision, and one you don’t want to put off any longer than you have to.

With the right divorce lawyer on your side, you can stand a good chance of achieving a fair resolution and protecting that which you are legally entitled to. With the wrong divorce lawyer, however, you could find yourself in the midst of a long struggle that leaves you dealing with unintended consequences for the rest of your life.

Because this is such an enormous decision, it’s important that you do the right kinds of research. Here are three questions to ask a divorce lawyer before you hire them:

How many clients have you represented as a divorce lawyer in the past?

Although experience isn’t everything, it’s important for your divorce lawyer to have a sense of the way things work, and several past cases to draw lessons and insights from. Additionally, having a divorce lawyer with lots of experience allows you to take a closer look at their previous track record and see what they’ve been able to achieve for other clients in the past.

There isn’t any set amount of experience that’s perfect for a divorce lawyer, but be careful working with anyone who hasn’t been practicing for at least a few years or more. Given that the outcome of the proceedings will affect you, your finances, and your family for a very long time, you probably don’t want to entrust the job to someone without a little history behind them.

Who is your perfect client?

Because divorce is such a personal and multifaceted process, there are divorce attorneys who specialize in different types of cases, situations, and even clients. And so, the chances are very good that you could find a divorce lawyer in your area who has helped lots of other people who were in a situation similar to yours in the past.

Ask about your divorce lawyer’s perfect client, because the answer will tell you what sort of situations they are most familiar with – and the ones where they are most likely to get the results you are hoping for.  Also, ask your attorney how you can help and what types of things you can do to assist in the process.  You should be able to have input and control into your own case.  This will save you attorneys fees and give you greater satisfaction with the end result.  Your attorney should welcome your assistance and your input.  After all, it is your life and you have to live with the results.

How will you handle my case?

Depending on the reputation, schedule, and experience of your divorce lawyer, he or she may maintain a very small staff with a couple of executive assistants, or a very large one with several junior attorneys in the office. Neither of those is necessarily better, but it is good to find out from the outset how much of your case will be handled personally by your divorce lawyer, and how much will be assigned to other members of the team.

You should ask your attorney how they will communicate with you, what you should expect in terms of procedure and how things work in general.  You should also ask how quickly your attorney can respond to your questions and/or what happens if they are in court or you can’t get in touch with them.  Communication is key and you need to know up front how this will be handled.

Lastly, you should find out if your attorney will work cooperatively with the other party or his or her attorney or if they plan on litigating from the beginning.  You should decide the answer to this question – not your attorney.  Everyone has different expectations in their divorce and how they want their case to be handled.  Your attorney is working for you and in your best interest.  Sometimes what you want is not necessarily in your best interests, however, and you should feel comfortable listening to your attorney’s advice on this.

Even the most amicable divorces are rarely easy, from a legal standpoint or an emotional one. For that reason, you need to have the right divorce lawyer on your side.

If you have questions about the divorce process, or just want to meet with a divorce lawyer call us at 414-258-1644 to set up a free initial consultation today.  You can also visit our website for more information.

Hiring an “Aggressive” Attorney

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Whether you have finally decided to file for divorce or your spouse has just had you served with papers, the next step is to select your lawyer. You are scorned and upset and you want an attorney that will fight to the bitter end for every penny, no matter what the cost. Whether it is your assets or your kids, you want an attorney that will be aggressive, unrelenting and strong. An attorney that will fight for what you want and not stop no matter what the financial or emotional cost. You have to ask yourself, though, is this really what you want?

There are many attorneys that will fit into this mold and take advantage of your vulnerable situation. When selecting an attorney you need to make sure you have an attorney who is not only a tough advocate but also an attorney who will advise and counsel you. Too often the aggressive “pitbull” attorney will fight without knowing what exactly he or she is fighting for. In a tenuous situation, such as a divorce, parties need to stay focused on the final goal and make sure that goal is realistic. A fight just to fight may result in additional trauma to you, your kids and your pocketbook.

When searching for the right attorney you need to find an attorney who understands the law and will not lead you astray with unrealistic expectations. Attorneys who are willing to zealously advocate for your position, but are strong enough to advise you when your position will not provide you with the result for which you seek. Too often litigants and their attorneys who take too strong arm approach to divorce negotiations which only ends up backfiring. The cost may be more than you can afford.

A good attorney is going to understand your goals, guide your expectations and help facilitate a settlement. A good attorney is going to understand when a settlement is not possible and it is time to prepare for litigation. So when looking for that “aggressive attorney” make sure that the aggressiveness does not come at the expense of placement with your kids or their college education fund.

-Rebecca K. Millenbach