Do you need a lawyer and how do you find one you trust? This article will set out some answers to those and other questions from a divorce lawyer’s point of view.
If your spouse has filed for divorce, you should immediately consult a lawyer. Do not trust your spouse if she tells you that she does not need a lawyer or that her lawyer will take care of everything. A lawyer in a divorce cannot represent both parties.
I suggest you hire a lawyer if you have children and custody is an issue; you have a substantial marital estate; and if your spouse has more financial resources than you.
You can find a lawyer in many ways. Don’t hire a lawyer who is a “jack of all trades” because they are “masters of none.” Divorce is a specialized area with numerous tricky areas and pitfalls for the uninitiated. Would you go to a general practitioner for a shoulder injury? I doubt it, so why not find a specialist for your divorce?
Don’t look outside the yellow pages for a lawyer. Ask for references or do research on the Internet. I wouldn’t hire my mechanic from the yellow pages and I am much less attached to my car than I am to my family and finances. Look for larger law firms because they usually have the “cream of the crop” and good management so you can be sure your case is being taken care of. Look for lawyers who may be certified as matrimonial lawyers, although that is merely a test that such lawyers pass and not a guarantee of competence.
After you find your lawyer, remember that he/she works for you and you are the boss. After all, you tell your dentist if she needs to take care of a cavity, right? If you do not want a root canal, your dentist will not perform it against your wishes. That same professional relationship exists with you and your attorney. The final decision on all actions is yours, although it is normal for an attorney to be able to make strategic legal decisions. But even then, a lawyer can only advise and the decisions are yours. If a lawyer does not follow your wishes, fire him.
Beware of lawyers who put on a show for you or who want to take everything to court. A court hearing is not always required because sometimes a simple call between attorneys can resolve a problem. Court is expensive and the outcome is always based on judicial discretion.
Keep a record of your case and make sure your attorney gives you copies of everything related to your case, even if you don’t want another piece of paper. Insist that they get copies of everything or if your lawyer doesn’t want to copy it, tell them you won’t pay for it. Insist on itemized billing, not just a statement of time spent and money owed. Your lawyer You should know exactly how the charges are added to your account and when your advance is depleted.
One final note. Find out how much your spouse is paying or how much they paid their lawyer.
Good luck and choose wisely!
Ronald Lieberman is a family law attorney with more than 10 years of experience in the area of domestic relations. He has an office in Haddonfield, New Jersey and represents clients throughout New Jersey. Feel free to call him for a confidential consultation at 856-428-8334.