Legal Law

What To Look For In A Divorce Lawyer: How To Choose Wisely

With the changes in family law over the last 30 years, including the adoption of equitable distribution instead of the old common law rules, the adoption of laws protecting military spouses, and the adoption of child support and various local rules enacted within the various circuits, the area of ​​separation and divorce has become too complicated and specialized for someone who does not regularly handle these types of cases. It distresses us when clients come to us with poorly drafted separation agreements and/or decrees that other inexperienced attorneys have handled. Just as it is better to win a trial than to have a big problem on appeal, it is much better to have the right lawyer, one who gets it right the first time, than to have to pay someone to fix the problems caused by mistakes. First of all. Sometimes mistakes are very costly and cannot be corrected, as shown in the series of articles I wrote for The Family Law News, a peer-reviewed publication of the Family Law Section of the Virginia State Bar. , titled “Costly Errors in Multi-State Military Divorce ; Or a Military Wife’s Tale of Woe”, which ran in the Fall 2007 and Spring 2008 issues of the publication.

The series of articles outlines the legal authorities, strategy, and procedural points we used to successfully defend a retired military man who was a veteran of the Vietnam War. His ex-wife was trying to get half of his retired military salary and spousal support here in Virginia, despite divorcing him six years earlier in Hawaii. While we are always happy to achieve a successful outcome for our clients, we feel sorry for the ex-wife, who had received poor legal advice from her attorney in the original Hawaii divorce action, advice that led to poor decisions that the Virginia court found to bind her permanently. In ruling for us in the case, the judge told the ex-wife that instead of suing her ex-husband, Show, she should go after the lawyer in Hawaii who represented her in her divorce.

So how do you go about finding a good divorce attorney? Here are some suggestions:

Tip #1-Ask a Lawyer

If you know of an attorney, ask them to recommend a good divorce attorney. He or she will likely know someone or several people who devote a significant portion of their law practice to separation and divorce and related issues. For example, I have been handling separations and divorces for 30 years and have an excellent reputation among the local legal community. Any self-respecting divorce attorney should have established a reputation among other attorneys. Lawyers generally know who is good for a particular type of case; they certainly know who they would see if they were facing separation and divorce.

Tip #2-Yellow Pages/Internet

While not a great source of information, the yellow pages and the Internet can be an initial source of attorney names. Attorneys who do not mention separation, divorce, military divorce, and related areas such as custody and support or property division, do not pursue cases in those areas and certainly do not devote a significant portion of their practice to those areas. Beware of ads that include a laundry list of everything under the sun. Remember the old saying, “a jack of all trades and master of none”? Wouldn’t you rather have someone who takes the time to focus at least a significant amount of time on family law than someone who spends maybe 3% of their practice on family law matters? Remember that not everyone advertises in the Yellow Pages or has a website or Internet presence. For example, there are more phone listings than lawyer ads in the Yellow Pages.

TIP #3-VIRGINIA LAWYER REFERRAL SERVICE

The Virginia Lawyer Referral Service is operated by the Virginia State Bar. Attorneys must apply to be listed and must agree to a set fee for an initial consultation. An attorney may be included in any category you request. The names are on a rotating list and are given to consumers who contact the service. Again, not all attorneys are listed. We are not listed with the referral service. This resource can provide the name of an attorney seeking family law cases. This does not mean that the lawyer is an expert in this type of case or has experience. All it means is that he or she is looking for divorce cases. Be sure to bring the questions I discuss here to your interview with the attorney.

Tip #4-Talk to more than one attorney

In fact, I interviewed several attorneys. Ask each attorney who else handles separations and divorces in the area. If they don’t give you names, leave the office, when you see names appearing on various referral lists, chances are the attorney is working these cases regularly.

Tip #5: Use a checklist

I have summarized the factors you should consider when selecting a divorce attorney.

A. Experience. The longer you have been practicing a particular area of ​​the law, the more you will know. There is an old adage that a good lawyer knows the law and a great lawyer knows the judge! What is the difference between a good lawyer and a great lawyer? Experience.

B. Experience in judging cases. Have you achieved any success in testing for your customers? Can the attorney point to case results or client testimony that reflect her skills?

C. Are they willing to reach an agreement when it is appropriate to do so? Trial attorneys sometimes suffer from a hitman mentality. They like the thrill of trying cases and may not consider other options, such as mediation or arbitration, for resolution. Most good divorce attorneys do not take this approach, but view trial as a last resort, when other options have failed to precipitate a fair resolution of issues. Unlike other areas of law, family law often involves ongoing relationships and therefore requires a different perspective. I recently read an article by a personal injury attorney, who was writing about how to choose a personal injury attorney. He said don’t choose a lawyer who solves many cases. When it comes to separations and divorces, I think it’s important to try to reach an agreement, if you can.

Going to family law court unless you have to is like using a sledgehammer on a flea problem; it can kill some fleas, but it also causes a lot of damage to the structure of the house. When people settle their own cases out of court, they can be much more creative than the court would be in devising a remedy that is fair to both parties. Sometimes the deal just isn’t possible. When that’s the case, she wants an experienced divorce attorney who can defend her position in court and has a proven track record of success.

D. Respect in the legal community. What are other attorneys saying about this attorney? Has the attorney lectured or taught? Have you taught other lawyers?

E. Publications. Have you written anything that has been accepted for publication in law journals? This is another sign of respect for the lawyer and his skills and experience. Have you written or published anything designed to educate the public about their rights, duties and responsibilities under the law?

G. Does the lawyer limit the number of cases he undertakes? We do not accept every case that knocks or walks through the door. We limit the number of cases we commit to handling at any one time so that we can focus on doing the best job for those clients.

H. Relationship problems.

1. How was the phone answered when you called for an appointment?

2. How were you received when entering the office? Did they offer you refreshments?

3. Did the attorney and staff listen to you? Are you sure? Could you tell they were listening?

4. Were you interrupted during your time with the attorney?

5. Does the attorney use written agreements that establish the parameters of representation and financial arrangements?

6. One of the most important aspects of choosing an attorney is the relationship aspect: you must be able to work effectively and comfortably with your attorney. The relationship requires intimacy and trust. Do you feel comfortable with the lawyer?

7. Did you get introduced to the staff?

8. How long does the attorney retain closed case files? What happens to the closed file? How is it disposed of? What steps does the attorney take to safeguard his confidential information?

I. Why do you practice divorce law? Friends and colleagues think I am crazy for spending so much time on separation and divorce law. They may be right, but I may be a little crazy. But as the song says, “a lunatic may be what you’re looking for.” When interviewing a potential divorce attorney, be sure to ask why he or she chooses to practice family law. Does the attorney have life experience that allows him or her to advocate for divorced clients with true passion? Is that passion something that is reflected in customer testimonials?

J. Cost. Unlike the personal injury practice, the best divorce attorneys do not offer “free” consultations. You will notice that the cost is the last one on the list. In our experience, the best divorce attorneys are generally not the cheapest. In the long run, how much is it worth to you to retain or acquire your fair share of the assets that have accumulated throughout your married life? How much is it worth to you to make sure you get your fair share of time with your kids? Some things are worth fighting for and are worth the price you have to pay.

If your attorney does not devote a significant portion of their practice to family law matters, has never tried a contested divorce, has never tried a contested custody case or has never tried an equitable distribution case, or drafted a qualified relationship order If you are someone who is splitting a pension, or who is inexperienced in military divorce and has never drawn up a military retirement payment order, you may want to choose another attorney for your separation and divorce.

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