Gordon Gibb recently wrote an excellent article for lawyersandsettlements.com about the importance of hiring an experienced divorce lawyer. He lasers in on the topic with his opening sentences. “If there ever was a more important role for lawyers and litigation professionals, it is in family law. Corporate law, environmental law, even real estate law has nuthin’ on the complexities and the drama that explodes from divorce petitions, custody battles-even who gets to keep the family dog”. He concludes with “Experts suggest that if your relationship looks as though it is coming apart and you’re considering divorce, the best couple of hundred bucks you’ll ever spend is by sitting down with a reputable family law firm for a consultation. In an hour, the family attorneys can give you a pretty good idea of what you might be in for, what the dynamic, the payout and the cost, the likely custody arrangement, and in a nutshell what kind of life you’re going to have at the end of it all. It may not be pretty, and after hearing the hard facts you might think twice about dissolving your relationship, and try to patch it up instead.”

If unfortunately you find you marriage “on the rocks”, be proactive and talk to a qualified and experienced family law attorney at the outset. Don’t simply rely on advice from friends who have gone through a divorce. Divorce cases are very fact sensitive and outcomes vary dramatically based on subtle nuances. Nuances that only a qualified family law attorney can flesh out and properly assess.

Click here to read Mr. Gibb’s entire article.

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In Part 2 of “How to Select a Divorce Lawyer” attorney Robert Mues continues his key considerations in selecting the “right” divorce lawyer:

The “Hot Potato Shuffle”

Some family law firms shuffle clients between lawyers in the firm like they are “hot potatoes.” Clarify at the start of the representation the firm’s policy on the subject. While this type of treatment may work on a personal injury, criminal or insurance defense matter, it rarely results in high client satisfaction at the conclusion of a divorce case.

Guaranteed Results

The objective in hiring your divorce lawyer should be to find excellent representation not specific results. Be leery of any attorney who makes broad guarantees at an initial conference. There are many shades of gray in family law litigation. The ultimate results in any divorce case are impacted by the facts and oftentimes which judge is assigned the case. Therefore, it is usually premature to make definitive representations at an initial conference. Watch out for the “bait and switch” tactics!

How Much Will the Divorce Cost?

This is one of the toughest questions a family law attorney is ever asked! The unknown variables make it truly impossible to predict with any true certainty how many hours will be invested into a case. Many factors impacting costs are not within the lawyer’s control. How efficiently will the discovery process go? How reasonable will the opposing party and counsel be? Will trivial matters be hotly contested? Which judge will be assigned to the case? Will the trial date be delayed multiple times even over objection? Will additional costs for experts, psychological evaluations or appraisals be necessary? Despite these unknowns, an experienced family law lawyer should be able to give you a cost range and set forth the conditions affecting the final figure. While even the most experienced family law lawyer is not clairvoyant and won’t be able to guarantee final costs, your conversation on the subject should be able to help you analyze the cost range and evaluate the lawyer’s candor.

Fees

Always discuss in advance how fees are calculated. Is there an initial consultation fee? Some lawyers provide an initial conference for free. Most experienced divorce attorneys charge an initial conference fee ranging from $100 to $200 or may charge their normal hourly rate. You should not let an initial conference fee deter you from considering the lawyer who charges one. Charging a discounted initial conference fee helps busy experienced family law lawyers eliminate people who are not serious or do not have the financial ability to ultimately retain the attorney. Also, you will typically obtain a longer and more detailed conference if you pay for it.

Attorneys’ hourly rates typically range from $150 to $300 per hour. A lower hourly rate doesn’t mean the cheapest or best selection. Many times the attorney with a higher hourly rate will complete the representation at a lower total fee because of the lawyer’s experience and competence in dealing with like cases. Most family law lawyers do not handle divorce work on a fixed fee basis. This is due to the many unknown variables in divorce cases such as whether items which may seem clear cut will ultimately be contested, who the opposing party hires as his/her counsel, asset valuation factors and the direction the case may take because of unreasonable demands or the emotions involved.

Most lawyers will require a substantial retainer (deposit) to be paid up front by the client before they will undertake an individual’s representation in a divorce. Be sure to find out the amount of the retainer, hourly rate(s) and whether the unused portion of the retainer is refundable. How often will you receive statements and in what detail are they itemized? The Ohio Code of Professional Responsibility strongly encourages lawyers to set forth the retention agreement in writing so as to avoid potential confusion. Read the fee agreement carefully and if any parts are unclear, be sure to ask questions.

Summary

Spend time and exercise due diligence in selecting your divorce lawyer. Interview several. You need to find the “right” attorney for you. You should feel that the lawyer is experienced, empathetic, has an adequate support staff, and is a good communicator. The trust and comfort level between both of you is fundamental to a successful representation. Make sure you are totally confident in the selection because your life is too important to entrust it to any lawyer. Divorce lawyers vary greatly in style, philosophy and ability. Realize that changing your lawyer midstream is costly, can damage your case and be emotionally traumatic.

Feel free to explore our firm’s website to learn more about us. Click here. If we can answer any questions or assist you with your family law needs, click here (email).

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Selecting the right attorney for a divorce is an extremely important and personal decision. Take the time to properly pick your attorney. The outcome of your family law case will impact your future dramatically!

The following are some key considerations in selecting the “right” divorce lawyer:

Experience

Most attorneys these days have narrowed their practice to one or a few areas of the law. Divorce law is a very specialized field. It is important to find a lawyer that concentrates his or her practice in the particular area of law that you need – whether it’s divorce, child custody, domestic violence or another family law category. An experienced divorce lawyer will understand the philosophies and tendencies of the judges in the various jurisdictions. That knowledge is extremely valuable and should be used to your benefit.

Past Client References

An extremely valuable manner to gain insight about a particular attorney is to find out what former clients say about the lawyer. Ask family, friends, church members or co-workers if they know of a good family law attorney. Also, most lawyers can give you references of former clients who have agreed to serve as a reference for the lawyer.

Professionalism, Reputation and Integrity

Some people facing a divorce initially think that hiring a “shark” type lawyer who will “fight dirty” is best. Ethics, professionalism and integrity are important. Consider this, if an attorney is willing to be unethical in some situations, what makes you sure that the attorney will deal honestly with you? Has the lawyer adopted the American Bar Association Civility Standards for Family Law Practitioners? Click here to see the ABA Civility Standards. An excellent way to check out your attorney’s professional integrity is to check his/her Martindale-Hubbell rating as to both ethics and legal ability. Martindale-Hubbell ratings are a well-respected source based upon confidential ratings by an attorney’s peers. To research your prospective attorney’s ratings, click here. Reputation can be a tricky subject. Be cautious about “high profile” lawyers. Many have reputations cultivated through specializing in criminal law, not family law matters.

Lawyer’s Website

A lawyer’s website can be useful to learn a lot about the lawyer. Review the website from top to bottom. You should be able to learn a great deal about the lawyer and his/her philosophy about the services offered. How does the lawyer differentiate his/her services from competitors?

Communication and Access

Schedule an initial conference and meet and talk with the attorney. Do you like his/her communication style? Some attorneys may appear great on paper or have a recognizable name in the community. Every lawyer has unique traits, which you may or may not like. It is extremely important that you are able to communicate together well and that the lawyer is willing to listen. Many lawyers like to talk but fail to adequately listen. Lawyer dissatisfaction is often rooted in communication problems. Unlike lawyers who practice in areas other than family law, divorce lawyers spend much of their time in court and their time at the office is often consumed with client conferences. Learn about the office policies of the lawyer. Are phone calls returned promptly? Does the lawyer utilize email? Be sure that the lawyer has experienced support persons available to assist. You should always be able to schedule phone conferences to be able to discuss details of your case. Divorces are often very emotional. Without attorney access, clients’ frustrations can multiply unnecessarily. You want an attorney who can help answer your questions and help counsel you through the difficult times. Good family law lawyers have figured out procedures to maintain client communications despite often being scheduled very tightly.

Multi-Disciplinary Approach

Many traditional family law attorneys still believe that their obligation to their client is a narrow one, which is to essentially resolve only the legal issues and leave the matters pertaining to the client’s emotional stress and anxiety, taxation, financial/budget concerns and divorce transition issues to other professionals. This approach, while typical with many lawyers, tends oftentimes to leave a client paralyzed for months and even years after a divorce. Some family law lawyers, however, view their role very differently and have forged strong relationships with various professionals from other disciplines including accountants, mental health counselors, social workers and financial planners. These independent affiliates can assist to provide a multi-disciplinary team approach to resolve clients’ legal problems. Taking this more holistic view of clients’ needs can help clients avoid unnecessary emotional distress as well as save money and time.

To be continued.

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