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Tips to Finding the Right Divorce Lawyer
The following are tips on how to
choose a good lawyer to represent you in a divorce case. These are grouped
under four P’s: Practice/Profession, Personality, Price and Promises.
There is nothing more
pathetic than feeling you have been taken advantage of and neglected by the very
people you expect to see you through a crisis like a divorce. It not uncommon to
hear people talk about stories of how divorce lawyers fail to get fair
settlement for clients simply because they did not know what to do or failed to
anticipate the moves of the other party.
Find The
Right Divorce Lawyer
Practice/Profession
He should be
good at his job. Even divorce lawyers have sub-specialties. Determine what you
really need and from there, decide whether you need someone adept in Family Law,
Domestic Law, Matrimonial Law or Divorce Law. If substantial assets are
involved, consider also getting someone who knows where to look for hidden
assets and someone familiar with financial analysis or management.
You are going to
a legal battle, you need a strategist on your side. A good lawyer should have a
good plan about how to handle your particular case, and is able to articulate
this plan to you in a way that you understand. This plan must be based on a
thorough and correct understanding of your particular situation.
You might want
to know how long he has been in practice and what kind of settlements he has
pulled off for his past clients. In other words, does he have a good track
record?
If possible,
determine also if he conducts himself with utmost professionalism. Is he on time
in meetings? Does he put his clients’ interests first at all times? Does he have
time to talk to you, or is he too busy to reach? Remember, you are paying him,
not the paralegal or his secretary.
Overall, gauge
the set of skills you need from a lawyer based on your particular situation.
Price
At the onset, be
clear about the price. Determine if the lawyer’s fees are within your ability to
pay. Discuss with him all the expenses involved in the course of the case as
well as billing arrangements. These must be crystal clear to both of you. There
have been instances when lawyers do not come to hearings simply because the
clients did not pay the designated amount at that stage of the proceedings.
There are also those who threaten to quit in the middle of the case if payment
is not made. Hassles of this kind can be avoided if agreements between you are
clear and that you both keep your end of the deal.
As in all
instances, always make sure you have a contract with the lawyer. Read the terms
carefully. Do not sign it if you think you do not agree. What are the terms of
payments, does he require a deposit? Are your payments non-refundable? These
should all be in the contract, including a provision that you have the right to
terminate his services even in the middle of the litigation process for
justifiable reasons.
Personality
His
professionalism should also be balanced by the ability to empathize and defer to
the pain and hurt of his client. He should be someone who, while discussing the
technicalities of the case with you, is also able to encourage and make you feel
comfortable to discuss with him your private life.
He should be
easy to communicate with. He should be able to explain clearly the law and how
it affects your case. Does he ask the right questions? Does he know how to
listen?
He should also
be attentive to details as divorce cases are all about going down to the
minutest details in a couple’s life and dividing these up between the two of
them. There are lawyers who miss deadlines – a telling sign that they are
missing out on the details of the case.
Promises
A divorce is the
end of many promises between two married people like, for them to stay together
in sickness and in health, ‘til death do them part. Make sure that at least,
your lawyer can deliver on his promises to you. Especially for marriages with
children and substantial assets, it is important that the lawyer knows what kind
of settlement is most advantageous to you. What does he promise to do for you?
Divorce cases
have become a very lucrative aspect of the legal profession that lawyers tend to
think that they get easy money practicing it. Sadly, not a few fail to keep
their promises because they are not skillful with these kinds of litigation, but
are only after the dough.
Where can you start
looking for this heaven-sent individual to take you through one of your life’s
most important battles? Start where you are. Friends’ referrals can be a good
lead. But sometimes, their cases might just be different from yours that what
worked with them might not necessarily work with you. Divorce laws vary across
jurisdictions. Read up on your state’s divorce laws. The settlement a lawyer was
able to get for a friend in another state might not be possible with you.
Next, go to places where
lawyers go to work – the local courthouse. If you can, you may want to sit-in in
divorce cases to observe. Seeing lawyers in action will tell you a lot about how
they will perform in your specific case.
Lawyers have associations.
Call them up, ask for a list of their members and if they can refer a good
lawyer who can help you.
When you have found a
good one, sit down with him initially to discuss his terms and how he proposes
to handle the case. In turn, give him an overall picture of your case and what
you want to happen in the settlement, custody and other concerns. Just by the
initial meeting, you can already gauge if he is competent enough or if you are
comfortable to entrust your case to him.
Ask questions also. At
any stage of the case, do not hesitate to tell your lawyer how you think the
case is being handled.
Do not hesitate to fire
him if you feel that you are not being represented well. As it is, you are
already in a stressful situation. He should be the last source of anxiety for
you.
Whatever your lawyer can
do for you in a divorce settlement will affect you and that of your entire
family for the rest of your life. Be wise, choose your lawyer carefully.
The
Divorce Records page of
RecordsSiteReviews has everything you need on handling and dealing with divorce.
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