What to Look for in a Divorce Lawyer: How to Choose Wisely

With changes in family law in the last 30 years, including the adoption of an equitable distribution in place of the old common law rules, the adoption of laws protecting military spouses, and the adoption of supportive guidelines and various Local rules enacted within the various circuits, the area of ​​separation and divorce has become too complicated and specialized for someone who does not regularly handle these types of cases. We are distressed when clients come to us with poorly drafted severance agreements and / or decrees that other inexperienced attorneys have handled. Just as it is better to win at trial than to have a big appeal problem, it is far better to have the right lawyer, one who does it right the first time, than to have to pay someone to fix problems arising from mistakes. first. Sometimes mistakes are very costly and cannot be corrected, as shown in the series of articles I wrote for The Family Law News, a peer-review publication of the Virginia State Bar Association, Family Law Section. , titled “Costly Mistakes in Multi-State Military Divorce; Or a Military Wife’s Tale of Woe,” published in the Fall 2007 and Spring 2008 issues of the publication.

The article series describes the legal authorities, strategy, and procedural points we used to successfully defend a retired serviceman, who was a veteran of the Vietnam War. His ex-wife was trying to get half his military retiree salary and spousal support here in Virginia, despite having divorced him six years earlier in Hawaii. While we are always happy to achieve a successful outcome for our clients, we feel sorry for the ex-wife, who had received poor legal advice from the human resources attorney in the original divorce action in Hawaii, advice that led to poor decisions that the Virginia court found to bind her permanently. In ruling for us in the case, the judge told the ex-wife that instead of suing her ex-husband, the show should go after the attorney in Hawaii who represented her in the divorce.

So how can you find a good divorce attorney? Here are some suggestions:

Tip No. # 1: ask a lawyer

If you know an attorney, ask them to refer you to a good divorce attorney. You will probably know someone or more people who dedicate a significant portion of their legal practice to separation and divorce and related issues. For example, I have been handling separation and divorce for 30 years and have an excellent reputation among the local legal community. Any self-respecting divorce attorney should have established a reputation among other attorneys. Lawyers generally know who is good for a particular type of case; they certainly know who they would see if they faced separation and divorce.

Tip No. 2: Yellow Pages / Internet

While not a great source of information, the Yellow Pages and the Internet can be a starting source for attorney names. Attorneys who do not mention separation, divorce, military divorce, and related areas such as custody and maintenance or property division, do not seek cases in those areas and certainly do not devote a significant portion of their practice to those areas. Be wary of ads that include a long list of everything under the sun. Remember the old saying, “an expert in all trades and a master in none”? Wouldn’t you rather have someone who takes the time to focus at least a significant amount of time on family law, than someone who spends perhaps 3% of their practice on family law issues? Remember that not everyone advertises in the Yellow Pages or has a website or Internet presence. For example, there are more phone lists than there are lawyer ads in the Yellow Pages.

TIP # 3-VIRGINIA LAWYER REFERRAL SERVICE

The Virginia Lawyer Referral Service is operated by the Virginia Bar Association. Attorneys must apply to be on the list and must accept a flat fee for an initial consultation. An attorney can appear in any category you request. The names are on a rotating list and are given to consumers who contact the service. Again, not all attorneys are listed. We are not included in the referral service. This resource can provide the name of an attorney seeking family law cases. This does not mean that the lawyer is an expert in these types of cases or that they have experience. All it means is that you are seeking divorce cases. Be sure to bring the questions I discuss here with the attorney interview.

Tip No. # 4: talk to more than one lawyer

In fact, I interviewed several attorneys. Ask each attorney who else handles separation and divorce in the area. If they don’t give you the names, leave the office, when you see names appear on various recommendation lists, chances are there is a good chance that the attorney will deal with these cases on a regular basis.

Tip No. # 5: use a checklist

I have outlined the factors that you should consider when selecting a divorce attorney.

A. Experience. The longer you have been practicing a particular area of ​​law, the more you will know. There is an old adage that a good lawyer knows the law and a great lawyer knows the judge! What is the difference between a good lawyer and a great lawyer? Experience.

B. Experience in test cases. Have you had any trial success for your clients? Can the lawyer point to the results of the case or a client’s testimony that reflects his abilities?

C. Are they willing to agree when it is appropriate to do so? Trial attorneys sometimes suffer from a hired guns mentality. They like the thrill of trying cases and may not consider other options, such as mediation or arbitration, to reach a resolution. Most good divorce attorneys do not take this approach, but view trial as a last resort, when other options have failed to precipitate a fair resolution of the issues. Unlike other areas of law, family law often involves ongoing relationships and consequently requires a different perspective. I recently read an article by a personal injury attorney, who was writing about choosing a personal injury attorney. He said not to choose a lawyer who solves many cases. When it comes to separation and divorce, I think it is important to try to reach an agreement, if possible.

Going to court on family law issues unless necessary is like using a gavel to treat a flea problem; It can kill some fleas, but it also causes a lot of damage to the structure of the house. When individuals resolve their own cases out of court, they can be much more creative than the court would be in devising a remedy that is fair to both parties. Sometimes the agreement is simply not possible. When that’s the case, you want an experienced divorce attorney who can defend your position in court and has a proven track record of success.

D. Respect in the legal community. What do other attorneys say about this attorney? Has the attorney lectured or taught? Have you taught other lawyers?

E. Publications. Have you written something that has been accepted for publication in law journals? This is another sign of respect for the attorney and for their skills and experience. Have you written or posted anything designed to educate the public about their rights, duties, and responsibilities under the law?

F. Affiliations and Memberships. What professional affiliations does the attorney have? Are you a member of the Family Law Section of the Virginia State Bar? Member of the Virginia Trial Lawyers? Member of the American Academy of Matrimonial Lawyers?

G. Does the attorney limit the number of cases he undertakes? We do not accept all cases that knock on or walk through the door. We limit the number of cases we agree to handle at any one time so that we can focus on doing the best job for those clients.

H. Relationship problems.

1. How was the phone answered when you called for an appointment?

2. How were you received when you entered the office? Did they offer you refreshments?

3. Did the attorney and staff listen to you? Are you sure? Could you tell they were listening?

4. Were you interrupted during your time with the attorney?

5. Does the attorney use written agreements that establish the parameters of representation and financial arrangements?

6. One of the most important aspects of choosing an attorney is the relationship aspect: you must be able to work effectively and comfortably with your attorney. The relationship requires intimacy and trust. Are you comfortable with the attorney?

7. Did they introduce you to the staff?

8. How long does the lawyer keep the files of closed cases? What about the closed file? How is it removed? What steps does the attorney take to safeguard your confidential information?

I. Why do you practice divorce law? Friends and colleagues think I am crazy for spending so much time on the law of separation and divorce. They may be right, I may be a little crazy. But as the song says, “it may be crazy what you’re looking for.” When interviewing a potential divorce attorney, be sure to ask why they choose to practice family law. Does the attorney have a life experience that enables him to advocate for divorce clients with genuine passion? Is that passion something that is reflected in customer testimonials?

J. Cost. Unlike the practice of personal injury, the best divorce attorneys do not offer “free” consultations. You will notice that the cost is last on the list. In our experience, the best divorce attorneys are generally not the cheapest. In the long run, what is the value to you of retaining or acquiring your fair share of the assets that have accumulated throughout your married life? What is the value to you of making sure you keep your fair share of time with your children? Some things are worth fighting for and worth the price you have to pay.

If your attorney does not dedicate a significant portion of his or her practice to family law issues, has never attempted a contested divorce, has never attempted a contested custody case, or has never attempted an equitable distribution case or drafted a domestic relations order qualified dividing a pension, or if you have no experience in military divorces and have never written a military retiree pay order, you may want to choose another attorney for your separation and divorce.

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