Now that your divorce action has started or is about to start, the first thing you need is an attorney. The question then becomes how do you choose your counsel. First, take your time, this is an important step and you need to feel comfortable with the person who will be representing you. Do you know anyone who has been through the process? Ask them if they were happy with the attorney. What about their spouse’s adversary, how was that counsel?
Next, set up a consultation. Most consultations are free. Sit down with the attorney and get a feel for the type of person you are speaking with. Ask questions about your case and about the firm’s philosophy for approaching matrimonial matters. There is no right or wrong answer, the purpose is to find an attorney that will match your desires and that you feel comfortable with. Ask about trial experience. Hopefully, your case will settle as more than 90% of cases do settle—however you need to know that your attorney can proceed to trial if you should fall within that 10%. Also find out if the perspective attorney routinely practices in the county in which your case will be handled.
Do not be shy, ask about the firm’s billing practices. Ask what the initial retainer is but more importantly, ask about the hourly rate and who will be assigned to your divorce. Unless you hire a solo practitioner, most firms will have more than one person working on your case. Find out how you will be billed if more than one attorney and/or paralegal works on your matter. Make sure you state what your expectations are and if the firm is willing to meet them. I believe they will. Ultimately you should go with who you feel comfortable and secure with.
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