Choosing an Attorney for Your Divorce

The Business of Divorce: Part 1

Regardless of how intelligent and savvy you may be in the corporate context, divorce will likely be one of the most emotionally vulnerable times of your life. However, be careful your emotions don’t cloud more practical aspects of the divorce process. One very practical aspect of divorce is cost.

So, how do you avoid a costly divorce and still focus on the things that matter? Here are the first of 5 important considerations.

Your relationship with your attorney is one of the most important relationships in your life right now. But how do you know which attorney is right for you?

Determine your goals. You have to decide what you want out of the process. There are many questions you should ask yourself about your circumstances. Sketch an outline of what you are hoping to achieve, of the issues that you know need to be addressed, and/or of specific questions you may have.

Get recommendations. Talk to family members or close friends who may have gone through the process. Talk to a service professional you trust, such as your accountant, realtor, family doctor or therapist. An excellent referral source may be a lawyer you use for a different matter: your personal injury attorney or your real estate closing agent. Keep in mind that although the internet is inundated with attorneys claiming to be “the best” this or the “top ten” that, commendations are not always helpful in predicting what your experience will be.

Ask questions. Once you’ve made your consultation appointment, go in armed with your goals — and with questions about how to achieve them. Remember, if you’ve done your homework you already have your general information. Meeting with an attorney will let you apply the information to the facts of your case.

It also gives you the opportunity to observe the attorney’s approach, and process his/her demeanor. Is the attorney listening to you or just talking at you? Are they explaining options, or indicating that the only way to get what you want is to go to trial? Is he/she insisting on a “scorched earth” approach despite your wish to attend mediation? You are looking for an attorney who can align with your goals and you approach.

Hourly rate isn’t everything. In divorce and other family law cases, an attorney may charge either a flat fee or an hourly fee.

Flat fees are a single fee for the agreed legal service. It is important that you read the fine print on the engagement contract. Flat fee arrangements are often very limited in scope. For example, your fee may include your attorney’s appearance at the divorce trial, but not include conducting the discovery necessary to prepare for that trial. Or the agreement may limit the number of revisions to a draft separation agreement before incurring additional fees.

An attorney’s hourly fee is based on a host of factors: years of experience, caliber of experience, local market competition, overhead costs, and subjective service value. Their engagement agreement should state everything to which the hourly rate applies. If it does not, ask: do you charge for travel time, administrative tasks, reviewing emails and/or text messages? Is there a different fee for work performed by an associate or a paralegal, and what is the fee?

A lawyer’s fee is not necessarily indicative of the quality of a lawyer, but rather of the value the lawyer has placed on his services. It is a myth that an expensive lawyer is always the best, or that a cheaper lawyer is the worst. Also, be wary of another prevailing myth: that you can’t afford a good lawyer. The right lawyer is always going to be worth it, and choosing the wrong lawyer can be very expensive.

Just like with every other aspect of your business life, it is advisable to stay within a reasonable budget when it comes to attorney fees. One of the best ways to ensure that your attorney is not the sole winner at the end of this process is to follow the above guidance — choose the right one.

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