Get the best divorce lawyer for your case by asking these questions in the interview

Hiring the largest law firm you can afford is not always in your best interest. When interviewing divorce attorneys, ask the questions below about the person’s qualifications and how cases are handled at the firm to ensure that you and your case receive the attention and effort you need for the best results. I suggest you interview two or three attorneys. More if you are not comfortable with those with whom you have spoken. Some good lawyers don’t. It is probably worth paying a modest amount for an initial consultation in order to select the right attorney for you. Of course you need a good lawyer. The real issue is whether your attorney will put your interests first or line his pockets unnecessarily at the expense of you and your spouse. You need a hard-working attorney to get the best possible results. Using the checklist below will help you determine if the person is a lawyer you can count on.

1. Does the county have a self-governing family law division of judges familiar with dissolution law, or is there a possibility that a motion or judgment will be heard by a judge with unknown experience in family law?
2. Are there one or two appraisers or auction houses in the geographic area that do most of the furniture appraisal in dissolution cases?
3. In this county, do all judges refer custody disputes to mental health professionals to prepare a recommendation to the court?
4. Is custody dispute mediation confidential or will the mediator reveal my statements to the judge?
5. If mediation fails, is the mediator the person who makes a custody recommendation to the court?
6. Is the attorney a certified family law specialist? This does not mean that the lawyer is excellent. But it is something to keep in mind. It means that the attorney passed a family law exam and must take a number of continuing education classes in family law each year.
7. Is the attorney qualified by Martindale-Hubbell? An AV rating is the highest possible and only 5 percent of US prosecutors have the rating. It is an indication of the highest legal ability and ethical conduct.
8. Even more important is how many divorce cases the attorney handles. Are you a “hobbyist”? Does he offer to take the case as a favor to you or a friend? They are not good signs.
9. Does the firm handle thousands of cases? It is a divorce factory. It’s not a good sign. Your case rarely gets the attention you want if the company is very large or handles many cases. Most of the work is done by paralegals or junior attorneys.
10. Does the firm handle celebrities and billionaires? At first glance, you might assume that hiring a divorce firm that works for “stars” or high-net-worth individuals will guarantee you excellent representation. That is true if you are also a star or a millionaire. If not, you will just be a number. Remember that with divorce lawyers to the stars, your importance to the firm decreases significantly if you are not a star or rich.
11. Will the attorney send you copies of all letters sent to and received from the opposing attorney, and copies of all arguments filed with the court? (My office sends these documents as .pdf files by email so they can be easily stored by the customer.) You want it so that you can keep up-to-date with the status of your case.
12. Will the attorney personally return calls about important questions? If you are calling to confirm a hearing date or location, you do not need to speak to your attorney, but if you have a question about the matter, it is best to be able to speak to the attorney or attorneys working on the case.
13. What attorneys other than the one you are interviewing will work on your case? If your spouse files an emergency motion, for example (known as an ex parte motion) and your attorney has a conflicting appointment, who will accompany you to court?
14. Will you be charged for secretarial time? (Not in our office. I think this practice is very unfair to a client. Be careful also that you are charged for paralegal time. A paralegal is not a lawyer. Usually, it is just an experienced secretary. Pay for paralegal time is something you may not want to do.)
15. Will the attorney be willing to suggest a conciliation conference with the opposing attorney as soon as possible? Usually after you and your spouse have made your financial information available. Will the attorney be willing to commit to a face-to-face conciliation conference if your spouse’s attorney agrees? (Obviously, the more you agree, the less there will be to fight about and the less traumatic, costly and time consuming your divorce will be)
16. If your spouse already has a lawyer, ask if the lawyer is familiar with the lawyer. Has the attorney worked with the other attorney before? Does the spouse’s attorney normally make reasonable efforts to resolve the case?

You want someone who knows the way judges operate in your area. If the attorney does not seem to know the answers to the first five questions above, he or she does not know the local procedures in your area, which means you are at a disadvantage. You want someone who cares about your matter. The truth is, if you don’t have assets, your divorce will be easy. The people who face the greatest difficulties in divorce cases are middle-class couples. People with assets, but who are not rich. In other words, most people. You have to find out if the person you are talking to is a figurehead or will do the job. What good is it if you meet with a divorce attorney with 20 years of experience, but your case will be handled by subordinates: junior attorneys or paralegals? Divorce is one of the most important things that can happen in your life. Take your time to make sure the lawyer you hire is the right one.

In general, your lawyer should invite an open exchange of information with the opposite side followed by a tough negotiation with the aim of obtaining a fair result. But if the opposing attorney or spouse tries to gain an unfair advantage in a contested divorce, child custody, child support, or spousal support case, you should be sure that your attorney will litigate the disputed issues to ensure that they are serve their interests.