Divorce Attorney: Top 5 Things You Should Consider When Choosing a Divorce Attorney

Divorce Attorney

Rarely in day to day conversation is the criterion for selecting a good lawyer discussed. In fact, most Americans can move throughout their daily lives and never encounter the need for an attorney. In issues of family law and divorce, especially where complications may arise in custody matters and assets, it is advisable that one seek attorney representation. Divorce, in and of itself, can be a highly taxing experience both emotionally and financially. When selecting an attorney to represent their interests, few people who enter the challenges of divorce for the first time know how to choose the right divorce attorney. Here is list of the Top 5 things one needs to consider when choosing a divorce attorney.

Experience

Most people believe that lawyers come a dime a dozen. However, lawyers with experience are much more difficult to find. Experience is likely the single most important factor most people examine when choosing an attorney to handle their family law matters. Experience aids an attorney in numerous ways.

First, an experienced family law and divorce attorney is more likely to anticipate issues and items that you may have overlooked. Divorce is often a tumultuous experience, and when emotions are involved, simple decisions can become more complex. A good attorney should be able to help you consider items that you may have missed.

Secondly, experienced divorce attorneys become familiar with court tendencies, and can most often anticipate the process a judge may take in deciding a case for or against you. Judges can develop reputations for being thorough, fair, extremely tough, or lenient. Since most people do not spend their days in a courtroom, it only makes since to look to your attorney for guidance in this area.

The question of how much experience an attorney should have is really one of personal preference and comfort. When considering a family law and divorce attorney, be sure to question the attorney regarding specific experience handling cases similar to yours. Thirteen years of legal experience handling traffic matters equates to nothing in the family law arena.

Be careful not to oversell the importance of attorney experience. It is only one factor to consider when hiring a family law and divorce attorney.

Commitment and Availability

Chances are if you are considering a divorce, you need an attorney who can make themselves available when you have questions or matters of urgency. Let’s face it; no one wants to talk to their attorney’s voice mail.

Many attorneys balance multiple cases and clients at once, but a good family law and divorce attorney has the ability to make you feel like the only client even when you are not.

When you first consult an attorney, it is a good idea to question the attorney’s workload and ability to meet and discuss matters of your case. Do not expect your attorney to be a marriage counselor, but do expect him or her to listen and respond accordingly.

Billing

Know what you are paying for and how you are paying for it. How your divorce attorney is charging you and collecting fees should not be a secret. If you're being charged a fee for phone calls and staples, be sure that you are well aware before it is too late.

Divorce and family law issues can be costly. There are do-it-yourself divorce filing kits, but be sure you understand completely what you are getting yourself into. It may be advisable to pay an attorney to review any documents before you have them filed.

The two most common fee billing types are hourly and flat fees.

Hourly Rates - Your attorney may choose to bill at an hourly rate that may be divided into several time increments. The set rate usually depends on a number of factors, with experience and average going rate being the most popular. "Big City Lawyers" usually charge Big City rates.

Flat Fees - Some attorneys prefer to bill a certain flat fee amount to handle your legal matter. Usually this rate takes into account the amount of anticipated time he/she will spend on your matter (often with consultations and other forms of communication included). Flat fees allow you to avoid billing surprises, but understand that flat fee attorneys are only obligated to handle the matter for which they are hired.

Reputation

If questioned, most people would opt to have television-type divorce attorneys who control the mood and demeanor in the courtroom. In reality courtrooms rarely, if ever, play out like television dramas. The dramas are accurate in one aspect; not everyone leaves the courtroom satisfied.

When choosing a family law and divorce attorney you should consider hiring an attorney whose style most accurately represents how you want your case handled.

Attorney reputations spread like break room rumors. Opposing attorneys often decide quickly how far to push or when to back down. Every fancy suit does not equal a winner. Sometimes the bumbling and fumbling attorney displayed in television dramas can be the most detail oriented and skilled litigator.

Before you commit, ask around, consult your local bar association, and read your potential attorney's online ratings and reviews.

Resources and Follow Up

Resources and follow up are the two factors that most clients overlook when choosing a divorce and family law attorney. When court proceedings are complete, clients are usually relieved to have some closure. Clients, who are tied up in the emotions of their case, rarely give themselves adequate time to process and cope with the events and life changes.

Beyond the courtroom your attorney should be able to help lead you to resources that may help you and your loved ones cope and move on with your life.

The Sixth Consideration

After all of the above items are considered, you are the most important factor. Understand what you are bringing to the table and seek out an attorney that can best meet your needs

Alesia M. Vick is the lead attorney at the Law Offices of Alesia M. Vick in Knightdale, NC. She is a licensed and practicing attorney in North Carolina. Her practice specialty is family law - divorce, separation, child custody, and adoption. Her written article topics include "Female Divorce Attorneys - Are They Better?" and "Dads and Divorce – What Today's Fathers Need to Know Before Entering the Courtroom". More about Attorney Alesia M. Vick can be found on her firm website at http://www.VickLegal.com

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