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Tips for Choosing Family Law or Divorce AttorneysSuggestions for One of the Most Crucial Decisions in Divorce |
When faced with divorce you want to immediately begin looking for a family law or divorce attorney. Taking the time to select the right divorce attorney is essential to understanding your rights, and if necessary, winning your case. You want to find a competent, experienced, well regarded attorney from the local community with whom you feel comfortable and trust.
There are lots of family law attorneys or divorce lawyers out there, all claiming to know how to win your case. When you start the process of selecting an attorney you should meet with a few, ask them all basically the same questions, and then make a decision about whom you can afford and would like to hire. There are some critical things to keep in mind as you look around and meet with different attorneys.
Look for family law attorneys who:
- Specialize in family law, divorce, and child custody, if applicable
- Are certified by your state's bar association
- Have at least five to ten years experience in family law and divorce, in your community
- Are well regarded in the community with a good rapport with judges, mediators, and other attorneys
- Represent an equal number of women and men; or more women then men
- Show a willingness to negotiate a settlement outside of court, but are ready to go to a trial if needed
- Have a high rate of successful settlement in divorce cases
- Are experienced in both settlement conferences and divorce trials in your local courts
- Handle all issues associated with family law and divorce, especially child custody and child support, if applicable
- Take the time to explain things to you and thoroughly answer all of your questions
- Use written retainers for all of their services
- Charge reasonable, standard hourly rates in accordance with fair market prices in your specific area
- Make you feel comfortable, listen, and seem to genuinely care about the people they represent
- Understand and are well versed in Collaborative law divorce, if this is the method or resolution you are pursuing
Avoid attorneys:
- Practicing general law, which may include a laundry list of practice areas (e.g. personal injury, civil, criminal, probate, estates)
- Have only been practicing in your area for five years or less
- Refuse to go to trial under any circumstances
- Will only represent you for divorce proceedings but not child custody or child support – if you have minor children
- Are not certified by your state bar association
- Do not engage in settlement conferences, mediation, or other out of court settlement opportunities
- Appear rushed, not taking the time to fully answer your questions or explain things in detail to you
- Have reputations for being aggressive and disliked by judges and other lawyers
- Represent more men than women
- Take most of divorce cases to trial
- Don't work with written retainers
- Charge high hourly rates you can't afford
- Give you an uneasy feeling or make you nervous or uncomfortable
- Say they “collaborate”, but don’t have any formal training in collaborative law divorce, if that is the method you are choosing for your divorce
Choosing a savvy, intelligent, well respected, and honest attorney is the first vital step towards success in your divorce. Asking around, getting recommendations, interviewing, and meeting with potential attorneys is an important first step when beginning the divorce process.
Ask friends who are divorced, lawyers you know, therapists, join a support group for divorce in your community and get recommendations there, or find an attorney online with reputable certifications or fellowships. This could be the most important battle of your life, make sure you have the best attorney on your side.
This article is not legal advice. You should consult an attorney if you have legal questions that relate to your specific divorce.
