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Most people look for an attorney in a state of shock; choosing one can be a daunting task on top of the trauma of getting a divorce. But this one decision can determine the outcome of your divorce.
Referrals by friends and family are a great starting point, but keep in mind a couple of things: Do you want an attorney who specializes in Family Law? Specialists usually cost a little more than those who are in general practice and do a little bit of everything, but they will also be more familiar with that area of law. The attorney that did a great job on your cousin’s DUI might know nothing about divorce. If your case is complicated, this will become an important issue.
How much is your divorce going to cost? Most firms bill as either a fixed fee or by the hour. If you choose to go with a fixed fee, it will be based on certain expectations about your case, ie. you and your spouse have already decided on most of the terms of the divorce and want the attorney to simply file the proper paperwork. If your case suddenly changes, so will your fixed fee. Under this arrangement, remember that it is in the best interest of the attorney to do the least amount of work required in order to maximize their profit on you. They may be unwilling to take repeated phone calls, write extra letters, and do other relatively minor tasks.
If your attorney bills by the hour, it is in their best interest to do all the work required and perhaps then some. Every time they touch your file, whether it is to add paperwork, make a phone call, or send you some correspondence, it will cost you. And they usually have a minimum time. Even if they only talked with you for three minutes, you may be billed for five, six or ten.
At many firms, you save money when the legal assistants or paralegals work on your case instead of the attorneys. Many times the attorney will meet with you and go to Court, but the staff will do nearly everything else. Since these staff members bill at a lower rate – sometimes less than half that of the attorney – this will reduce your bill considerably. During your initial appointment, ask about who will do what on your case.
Often, the most important factor in the outcome of a contested case is the relationship between the attorneys involved and between each attorney and the judge. Unfortunately, this is often the hardest information to obtain. If you have access to this kind of insider gossip, take advantage of it.
Ultimately, you will save the most money and will be in control of your divorce if you can come to agreements directly with your spouse without involving your respective lawyers. But if you can’t work together, choosing your lawyer wisely will go a long way to assure that you have an outcome that you are happy with.
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