Divorce and Custody: Frequently Asked Questions

Chapter 2: Attorney / Client Relations

How do I choose a good divorce attorney?
Divorce forces many people to have their first contact with an attorney. Most people make the same classic mistake at their initial consultation. They spend all of the time telling their story and asking questions about their case and not about the attorney. The initial consultation should be handled like a job interview. Remember, you will be doing the hiring. You will be paying the attorney's wage. So, ask the following questions:

Does the attorney have experience in the court you will file in?
Does the attorney return calls in a timely fashion?
Does the attorney have a retainer agreement that spells out how much you are going to be charged?
Will I get an itemized bill of all services and charges on a monthly basis?
Will I get copies of all important documents?
Will I be billed for all phone calls to the attorney?
Does the attorney offer a discounted rate for e-mail response to questions?
Lastly, does the attorney have a web site (like this one) or other printed information available so you do not have to pay to get the basic questions answered?

After the initial consultation, review your notes. Did the attorney answer your questions? Did you feel rushed? Did you feel that you were being listened to? Did you communicate well? Lastly, (and this is more important than most realize) was the staff friendly? They will be the ones answering the phone and taking your messages when the attorney is not available.

Can a divorce be done without the assistance of an attorney?
Yes. When it is a very short term marriage, no property to divide and no children, most people can save some money by doing it themselves. If you do not fit this situation, you will regret not hiring a good attorney.

Should I tell my attorney things that I know will hurt my case?
Yes. If you can not trust your attorney to keep your secrets, you should not have hired him in the first place. Often times unfavorable details end up being known by the other side anyway. When your attorney learns that you have lied, the relationship will be damaged. And the effectiveness of the attorney will be greatly compromised. Remember, the attorney/client relationship prohibits the attorney from disclosing secrets.

Can the same attorney represent both parties?
Legally, yes. However, I never do. This places both the attorney and the parties in awkward and possibly detrimental positions.

What steps can I take to lower my attorney fees?
There are many things you can do. First and foremost, organize everything for the attorney before you give it to them. Always type notes and letters to your attorney - they are easier and much faster to read. Take advantage of the discount rate for e-mail questions. When you come in for an appointment, be sure to organize your questions ahead of time. One of the smartest things I ever had a client do, was to e-mail me their list of questions and concerns a few days before the appointment. This way, I could think about them in advance and prepare.

And of course, being reasonable in your demands on your spouse can save more time than anything else. A case that settles without trial, always has significantly less attorney fees.

Can an attorney take a divorce case on a contingency basis?
No. This is prohibited by state statute.