HOW
TO CHOOSE
AND MANAGE
YOUR
DIVORCE
ATTORNEY
by Joanna M. Furia
In the midst of all
the emotional turmoil connected with your separation, now you're
faced with choosing a divorce attorney. The following is a guide
to selecting the right attorney.
WHO AM
I LOOKING FOR?
Your ideal candidate is an experienced attorney who concentrates
his or her practice in family law. This is vital for a number of
reasons. First, you will be best represented by an attorney who
handles family law matters every day. He or she will know how to
address your issues, because he has dealt with them many times before
for other clients. He or she will know what works, and what doesn't.
Second, a family law attorney will be familiar with the ongoing
changes in the law, and will know how they apply to your case. This
is crucial particularly regarding custody of your children and calculation
of child support, where there have been sweeping changes in the
law within the last year. Lastly, hiring a family law attorney may
actually save you money. That is, you will not have to pay your
lawyer to research past changes in the law or local Family Court
rules because he hasn't handled a divorce in a while. Experience
can save you from costly mistakes in the strategy of how best to
handle your case. There is no substitute for the wisdom gained by
an attorney who has represented many divorce clients, in diverse
economic and emotional circumstances, who is skilled both in negotiation
as well as in the Courtroom. Equally important in your selection
is choosing a lawyer who responds to your first phone call promptly
and with interest in your case. A delay in getting back to you may
signal that the lawyer is too busy to accept a new case at this
time. Many successful attorneys are indeed very busy, but you should
expect to receive a return telephone call within 24 hours if he
or she is unavailable at the time you called.
HOW DO
I FIND THE BEST LAWYER FOR ME?
For most people, the best way is to ask for recommendations from
those you trust: friends, relatives, co-workers, neighbors, etc.
It may be painful or embarrassing to ask, but it is often the most
direct way to get the name of a reputable, local divorce attorney
with whom you can consult. If you or your family have used an attorney
previously, perhaps to prepare your Will or handle a business or
real estate matter, he or she can be a good source for referral
to a divorce attorney. A final alternative is to contact the bar
association in the county in which you live. Every association has
a Lawyer Referral Program that will point you to an attorney who
is experienced in family law and whose office is convenient to your
home or workplace.
WHAT
SHOULD I EXPECT FROM THE ATTORNEY?
Once you hire a divorce attorney, you will be asked to pay a retainer.
That retainer not only secures the attorney to represent you, it
also gives you the right to expect certain things from your relationship.
At a minimum, you should expect that your telephone calls are responded
to promptly; that your questions and concerns are addressed to your
satisfaction; and that you are kept current on what's happening
in your case. If you don't understand what you're asked to sign,
or what happened in Court, ask for it to be explained to you until
you do understand. If you have difficulty reaching the lawyer by
telephone to find out the status of the case, ask the secretary
to inquire from the attorney and call you back