HIRING AN ATTORNEY
After deciding to file for divorce, selecting an attorney is the next major decision you must make. This decision should not be made haphazardly. A lot of thought and research should go into this decision. The competency and work of your attorney will have a direct impact on you, your children, and your financial situation for years to come. You should use the same approach when choosing an attorney that an employer uses when selecting prospective employees. Interview them and check their references. Remember the attorney will be working for you, so choose carefully and choose wisely.
EXPERIENCE
- How long have you been an attorney?
- How many matrimonial cases have you handled?
- What percentage of your practice is devoted to matrimonial?
- What is your experience in cases involving custody? (ask only if custody is an issue).
FEES
- What is your hourly rate?
- Can my case be handled for a set fee instead of a hourly rate?
- What services are charged for, ie copying, court fees etc.?
- Is a retainer required? If so, how much?
- When is your fee due?
- Can I make payments?
- Can I pay your fee out of the money I receive from my settlement?
MISCELLANEOUS
- Based on state laws what am I entitled to in regards to pension, child, support, alimony and equitable distribution?
- Based on the information I've given you about my case how much do think I should pay in alimony? Child support?
- Have you handled cases where a client had similar circumstances to mine? How did they fare?
- Can you provide me with references?
- Would you say your style is more of a diplomat or a "Go for the throat" type?
- My spouse is using _____________________, have you ever worked with, or against him/her?
- If you have worked against him/her what was the outcome?
- What type of lawyer is he/she?
FINAL STEPS
- Wait until after you have interviewed several attorneys before selecting one.
- Leave your checkbook at home. At the end of the consultation you might feel obligated to leave a retainer. By leaving your checkbook at home you will not make any hurried decisions.
- Make sure you are totally comfortable with your selection, including fees, experience and his/her approach(style).
- You should expect the following from your attorney:
- Your phone calls promptly returned.
- Kept up to date on the status of negotiations and proceedings.
- Be given copies of all correspondence and documents sent to and received from your spouse's attorney and the Court.
WORKING WITH YOUR ATTORNEY
A divorce is like the breakup of a business partnership. Although it is very personal and emotional for you, the court sees it strictly as a business matter - the dissolution of a partnership with its assets to be divided among the two partners. The job of your attorney is to get you the best results possible. For your attorney to accomplish this, you should adhere to the following:
- Your divorce is a business transaction. Therefore do not use your attorney as an emotional or social advisor. If you need to vent your anger and frustration or if you are having problems coping with the issues of divorce, see a counselor, therapist or a social worker. They are trained to help in these matters. It will also be less costly to you as attorneys rates range anywhere from $150-$450 per hour. They will charge for every minute that you communicate with them regardless of the topic.
- Your attorney is not the decision maker. Your attorney will advise you on your rights, strategy and procedures. But you make all the decisions.
- Work with your attorney, not against him/her. Although at times it is difficult to act in a rational manner because of the emotions involved, you must try to always remain businesslike and act wisely. Do not make any decision while under stress. Wait until you are calm and can think rationally before making any major decisions.
- Be Honest. Your attorney might ask you many blunt questions. Do not give half-truths. They will only complicate matters and cost you more in the long run. Your attorney is not trying to find out who is right and who is wrong or who is the better person. He/she is trying to get as much accurate information about the case to get you the best settlement possible.
- Be prepared before going to see your attorney. Be prepared to explain to the attorney why you want the divorce and how you came to your decision. You should also have the following ready:
- Copies of your income tax returns for the last 3 years
- Your actual income (last 3 pay stubs)
- Your spouse's income
- Other household income
- Savings & checking account information, account numbers, name of bank, and whose names they are in
- Information on any other investments including stocks & bonds
- Real Estate holdings - purchase date, purchase price, mortgage balance, current value
- Information about your and your spouse's jewelry, art work and valuable collections
- Pensions - whose, the value of the pension and when they start paying
- Debts - list all money owed, to whom, account numbers, when they were incurred, when they are due, whose name are they in
- Educational and employment background of you and your spouse. List any special skills and/or potential employment.
- Any other financial matter or situation not covered above
- Ask Questions. If you don't know the meaning of a legal term or any legal procedure, ASK. This is your divorce. You must live with the outcome, so don't be afraid to ask any question. You need to understand everything that is going on so you can make the best decisions possible. So, if you don't understand something at first, ask again. If you are not getting answers from your attorney ask why not!
- Call your attorney only when necessary. Remember that when you call your attorney you are being charged for that call. Your attorney should let you know about any changes in your case. Ask your attorney when you will hear from him/her. If your attorney does not contact you by that time and you feel it is important enough to call, then call.
- If there is something that is to be kept confidential between you and your attorney let your attorney know that up front. Your attorney will be communicating with your spouse's attorney, the court and any representatives of the court, therefore make sure you tell him/her that information is kept confidential between your and him/her.
By following the above guidelines you will put yourself in a position to get the best deal possible while saving a lot money and even more heartache.
HOW MUCH WILL THE DIVORCE COST
It is difficult to determine how much a divorce will cost. However, after reviewing the likely issues, your method for resolving those issues, and hearing your philosophy of the case, a lawyer may be able to give you a range of expected expenses. Controlling the expenses in a divorce, however, is no easy task. Many of the factors contributing to legal costs are outside of your lawyers control. The personality and philosophy of the your spouse's attorney can affect the ultimate path that your divorce takes. Additionally, the ability of the parties to cooperate and communicate may also have a significant impact.
WRITTEN RETAINER AGREEMENTS
Your attorney is required to provide you with a written retainer agreement identifying the costs and hourly fees that will apply to your case. It is important that you read this document carefully and ask questions regarding any unclear issues. Signing a retainer agreement does not mean that you cannot fire your lawyer or that your lawyer cannot withdraw from the case. You may change lawyers at any time. The retainer agreement, however, will memorialize the terms of your billing relationship with the attorney. Once you have signed the retainer agreement, it is a legally binding and enforceable contract. Always keep a copy of your retainer agreement for later reference.
FLAT FEES
Fees charged by lawyers can vary from state to state and county to county. You may find a lawyer who charges a fixed flat fee for motions after a divorce or for uncontested proceedings where the parties have reached an agreement. In such instances, the amount of work which must be performed by the lawyer can be easily determined. This is a favorable payment method since you will know at the outset the total cost of the proceeding which will allow you to budget accordingly.
HOURLY FEES
In most contested cases, you will find that lawyers will bill out their time at an hourly rate. Although rates vary, you may expect your lawyer to bill out services at an hourly rate between $75 and $250 per hour. Reduced hourly rates may apply to services that are performed by associate attorneys, paralegals, law clerks or legal assistants in your attorney's office. Hourly rates are influenced by your attorney's legal experience, reputation and the demand for his/her services.
MINIMUM FEES
Lawyers may also charge minimum fees for specific services that are billed out as part of the divorce proceeding. For example, drafting a Motion or a Petitioner may be billed out at a flat rate of $200. You should discuss with your lawyer any minimum fees that may be applicable to your case.
MINIMUM BILLING INCREMENTS
Your lawyer may also bill out services based on a minimum billing increment. For example, your lawyer may bill out his or her time in twelve minute increments or two tenths of an hour. That means for any service no matter how short, the lawyers time is rounded up to the nearest twelve minute increment.
COSTS
In addition to your legal fees, you may be required to pay any costs that are incurred by your lawyer that are associated with your case. Costs may included charges for any filing fees, copies, mileage, faxing, couriers, service of papers, postage and parking. It is important for you to review and understand the costs that you are likely to incur.
EXPERTS
You may also be required to cover any costs related to necessary experts. Experts may be used to provide medical testimony or appraisals of real estate, business assets or personal property. Independent custody evaluators may be hired to perform a custody study or vocational experts may be necessary to determine what financial support is necessary. The need for experts depends greatly on the issues of your case. You should consult with your lawyer regarding the potential need for experts in your case and an estimate of the costs.
RETAINERS
Your attorney may request a "retainer fee". This is an advance payment against which any hourly fees and/or costs are assessed. The retainer is a form of security deposit to ensure payment of future legal fees.
PAYMENT ARRANGEMENTS
Most lawyers will require you to remain current on your legal fees. The reason for this, is that each month the lawyer must pay offices expenses related to rent, payroll, advertising and other overhead. Some attorneys may even require a new retainer when the original retainer is exhausted. If you are unable to remain current, you do have options that can be discussed with your lawyer.
Security for Fees
You may secure your legal fees by providing a lien against a marital or non-marital asset. Be sure to review any agreements related to security interests carefully. Moreover, if a security interests relates to real estate, it is necessary for your attorney to inform you that you have the right to have the agreement reviewed by separate counsel.
Wage Assignment
You may also suggest to your attorney a wage assignment which ensures a consistent monthly payment toward your legal fees.
Credit Cards
Most law offices will accept credit card payments.
Source: divorcehq.com by Maury D. Beaulier, Esquire
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