What should you consider when hiring a Family Law Attorney?

Answer 1

One of the most important decisions you will need to make is choosing an attorney to work with you in attaining your goals. Your success in and out of the courtroom is crucially dependent upon the skills of your attorney. The outline below is intended to serve as a guide to consider in finding and working with a good attorney (male or female).

A) Interview several attorneys before you make a final selection. The attorney needs to learn about you and your case, and you need to learn all you can about the attorney's qualifications. Often you will be paying for the attorney's time during this visit so it is a good idea to interview with all questions written down (especially items that you are unsure about).

B) In selecting those attorneys to interview, start with those recommended by people or organizations familiar with Family Law court system. In California, may be listed in the Yellow Pages under "Family Law, Board Certified". Law is like any other profession: it is highly specialized. An attorney who devotes most of his practice to Family Law will usually be more familiar with the system and skilled at dealing with it.

C) Most initial interviews with attorneys are scheduled for 30 minutes. This is not nearly enough time for an attorney to go over all the facts of your case. What you should do during this initial interview is spend your 30 minutes finding out about the attorneys qualifications to be your attorney. If you are comfortable with the attorney and believe him/her to be well qualified, you may wish to schedule a second longer interview to go into the details of your case. This interview will probably take a couple of hours and you should expect to pay the attorney for the second interview even if the attorney did not charge you for the initial interview. Many attorneys do not charge for an initial 30 minute interview. Others charge a reduced rate for an initial interview. We do not recommend paying more than $100 for an initial 30 minute interview.

A) Can I relate well to this attorney?

# First, you need to briefly explain your situation. What do you want to achieve and what are the facts that may help or hinder you.? Do not keep any secrets from an attorney and try not to exaggerate or present a biased picture. It is a good idea to write a two page synopsis of your situation and goals. You should give this synopsis, along with your last paycheck stub, last federal income tax return, and any court documents that you have to the attorney a couple of days in advance of your interview. That way the attorney can be more prepared for your interview. (Give copies of the above documents to the attorney - not originals.) # Be especially conscious of what your "gut" feelings toward the attorney are. If your gut tells you that you don't like the attorney or that he is not interested in your case, you probably shouldn't hire him. B) What is his/her background and experience in family law?

# Ask him about his scholastic background. Do you really want to hire an attorney who finished last in his class? # What portion of his recent practice is devoted to Family Law? The best family law attorneys devote at least 75% of their practice to family law. Don't hire an attorney who devotes less than 50% of his practice to family law. # How many contested custody/visitation cases has he handled? # How many for fathers? Mothers? # How many cases actually went to court or were presented to a jury? (Note: Only in Texas do custody cases go to jury trials.) # How many joint custody cases were handled? # What success has he had in settling cases out of court and how were those settled? # What success has he had in court? (Try to determine if he only takes sure winners. It is easy to inflate the record if one takes only cases where the other parent borders on unfitness, or is uninterested, or where the opposing lawyer is unskilled). # Ask if he is particularly familiar with the quirks and biases of the judges and court in the county where you wish to file. # Is he Board Certified in Family Law? (If your state has such a designation) Board certification usually (but not always) indicates an increased interest in family law and awareness of new changes and trends. # Ask if he is a member of any professional association. (The State Bar may have a family law section). # Ask about his experience in dealing with expert testimony. (Psychologist, psychiatrist, social workers, physicians). Ask your attorney about the DSM-IV (Diagnostic And Statistical Manual Of Mental Disorders - 4th Edition). If the attorney is not familiar with the DSM-IV, he probably doesn't have the necessary background in mental health matters to expertly cover a child custody case or child abuse case. # Ask about his experience with tax implications of a decree (child support, community property). # Ask him if there is a way in which his clients may be in touch with him outside of his office hours for emergencies only. A) Hiring a good attorney will be expensive. However, retaining a mediocre one may be even more expensive to you in the long run, so do not try to economize unnecessarily. The final decree could influence your relationship with your children for years to come. Depending upon your area, you should expect to pay at least $100 per hour for a family law attorney on up to as much as $400 per hour. A basic retainer fee in a child custody case should cover about 25 hours of the attorney's time so multiply the attorney's hourly rate by 25 to get an idea of how much a retainer fee should be. Before going into see an attorney you need to develop a budget of how much you can spend on the case. Most custody cases that go all the way to trial will take a minimum of 50 hours of an attorney's time. If you can't cover the fees for 50 hours of the attorney's time, you should consider whether or not you can afford this attorney in the long run. If you cannot afford the attorney to handle all of your case, consider hiring the best qualified attorney that you interview to be a consultant in your case and pay him for his time as you go along. See related link for specific interview questions.

# Ask the attorney how much she/he charges per hour for attorney and support staff (i.e. paralegal, secretary) time. Is there a non-refundable retainer? Note than even with refundable retainer's you will not get any money back for the amount of time the attorney and his staff spends on your case before your attorney-client relationship ends. # Ask about extra charges and what they include. (i.e. discovery costs, expert witness fees, etc.). # Ask for an estimate of how much work and money will be required to successfully present or negotiate your case. Total cost is difficult since it may depend heavily on factors largely outside of your own or his control. # The temptation to settle for a flat fee may be high, but we suggest a monthly bill for the services performed. It provides you with a check on what your attorney is doing on your case each month. Ask about extending payments out over a period of time. # You should ask for an employment contract in which both the attorney's and your own rights and responsibilities are clearly defined. a. It should cover the fee schedule and accounting records for time expended.

b. Costs of hiring experts and other attorneys.

c. Grounds under which she/he may withdraw from your case.

d. Grounds for your terminating the contract.

e. Exactly what services are covered (i.e. will this contract also cover an appeal, if necessary?).

f. Read the contract very carefully and if you have any questions, ask. You may be able to negotiate other terms.

=== === === === A) After the interview, you may check out the attorney's reputation with other clients, attorneys and people familiar with the family law system. Check with the local bar association to see if any grievances have been filed against him. If so, be sure to find out what the grievance was for, and how it was disposed.

B) Try to find out from other clients the attorney's availability and promptness in returning telephone calls.

C) A source for professional and educational background information is the Martindale-Hubbell Law Directory. (Available at major libraries, law libraries, and online).

D) Visit the Family Law Court and watch the attorney in trial.

A) Remember your primary goal is to continue a strong parenting relationship with your children. Your legal parental responsibilities as well as maximum physical time are important, attainable rights.

B) Provide him with the relevant facts and help him plan the strategy for an out-of-court settlement or a trial.

C) Keep good records relating to your responsibilities and actions as a parent (Daily diary, photographs, tape recordings).

D) Have your witness list early.

E) Your attorney provides expert legal advise. You may dislike the way the Family Court operates, but you are not going to win in settlement or in court by attacking the system.

F) Do not use your attorney for emotional support. He is experienced in legal matters. Friends, relatives, or counseling professionals can help in this emotionally draining period.

G) Remember that you are the employer. If, after confronting your attorney with all the things that are not satisfactory and he has not responded, then you can fire him and seek a new attorney.

H) You must feel confident that your attorney is 100% committed to achieving the best possible environment for you and your children.

Answer 2

I would recommend going in and having an short interview with the lawyer. Find out about his history and some of his best and worst cases. Keep digging until you feel comfortable hes a good lawyer.

Answer 3

The best way to find a competent lawyer is though reputation and research. If a person knows someone who had recently used a lawyer, they would be able to give a review of their lawyer. Also, make sure to pick a lawyer who specializes in the branch of law matches the need.

Answer 4

I would consider the lawyers qualifications, price they charge for their service, what area they specialize in, and where he/she is located compared to you.