Finding The Right Lawyer To Represent
You
What to Expect from a Family Law
Attorney?
Many single parents will need the
services of a family law attorney at some
point. Separation, divorce, death of a
partner, modifying a visitation agreement or
child support order are just a few of the
times to seek out a family law attorney.
However, many of us have little experience
with attorneys. The following will give you
some general information on how to select
and what to expect from a family law
attorney.
Where Do I Find an Attorney?
1)The phone book Look under the Family
Law section in the yellow pages. Here you
will find a wide selection of attorneys.
There are attorneys who specialize in the
representation of men or the representation
of women. Some attorneys specialize in a
particular component of family law, for
instance custody. There are attorneys that
are Christian focused, and some that offer
payment plans. Many offices will give you a
free phone consultation.
2)The library Ask to see the Martindale &
Hubbell Law Directory. This directory lists
most lawyers and areas of practices within
the United States.
3) State or Local Bar Association - Most
operate a Lawyer Referral Service. After
asking you to briefly describe the facts of
your case, they will refer you to attorneys
in your area. Tell the attorney you were
referred from the State Bar's Lawyer
Referral Service and you will often get a
half-hour consultation at no charge. The
referral service does not give legal advice.
4)Network - Ask friends, family, and
co-workers for names of attorneys they would
recommend. Ask friends who have used a
family law attorney if their attorney did a
good job and if they would hire him/her
again.
5) Legal Aid Offices If lack of money is
a problem call your local legal aid office
to determine if you qualify for
representation. Your income has to be below
a certain point to qualify for most
services. Legal aid organizations often have
restrictions on case acceptance. For
instance, they may only take domestic
violence cases. If they are not accepting
your type of case ask them to refer you to
pro bono attorney programs. These are local
attorneys who have agreed to provide free
legal representation to eligible persons,
usually lower income. Like legal aid, some
have restrictions on case acceptance.
Shop around for an attorney just as you
would a doctor. You want them to be
knowledgeable in family law but you also
want to feel comfortable working with them.
Some things to consider besides their
expertise in family law:
- Do they have weekend or evening
appointments? This is important when you
work full-time.
- Are their offices fairly close to
where you live or work? Single parent
time is stretched to the limit. You want
one located in a convenient location.
The Initial Consultation:
Many attorneys offer a free initial
consultation. This is usually half-hour to
listen to an overview of your case and give
you options on how to proceed.
- Create a "cheat sheet" Write down
the main facts of your case and put them
in chronological order. Also, list the
questions you have about your case.
Bring it to your initial consultation.
Refer to your sheet when speaking with
the attorney. It will ensure that you
don't forget to tell the attorney
something important.
- Some Questions to Ask in the Initial
Consultation:
- How long have you practiced
family law?
- Do you have experience dealing
with cases similar to mine?
- If all goes well, how long will
it take for my case to be resolved?
- What should I expect? What will
be happening step-by-step?
- How can I be sure I get my child
support, visitation, etc?
- What are the best case and worst
case scenarios in regards to the
outcome of my case?
- How much will this cost?
- How do you bill?
- How Do Attorney's Charge?
Some attorney's charge by the hour and
some will charge you one lump sum when your
case is completed. Some of the common ways
lawyers bill for their services:
- Retainer Fee: advance payment to the
lawyer for a portion of their fee.
- Contingency Fee: an agreed upon
percentage of any money obtained through
settlement, trial or negotiation.
- Hourly Fee: the lawyer's hourly
rate. They will take their hourly rate
and multiply the number of hours worked
on your case.
- Fixed Fee: a specific amount of
money charged for a specific service.
- Cost advance: reoccurring advance
payment for on-going expenses related to
the case.
- Mixed fee: A combination of
contingency and hourly fees.
How Will the Attorney Bill Me?
If the attorney charges an hourly fee ask
how often they bill. A monthly invoice is
common. Ask for a detailed monthly billing
statement that specifies what services the
attorney provided and how much time they
spent on each service. Do not accept a bill
that says: " service rendered." This doesn't
tell you what you are being charged for. Be
assertive. If you don't understand your bill
ask the attorney to explain If the attorney
charges a fixed fee ask if they have payment
plans. Paying a little each month is easier
to budget than paying one lump sum.
Hiring the Attorney:
When you decide to hire an attorney you
will sign a retainer agreement. This is a
document that states what services the
attorney will perform and what the fees for
the service will be.
If you accept the fees and understand the
services to be performed then, and only
then, should you sign the retainer. Find out
if the quoted fee includes court costs,
copying costs, and filing fees or if these
services will be extra charges.
Do not sign the retainer unless you
understand all the terms of the agreement!
After You Have Hired the Attorney:
- Be prepared and organized for each
appointment.
- Obtain the documentation your
attorney has asked for.
- Put in writing what you want out of
the case. For instance, what property
you want, how much child support, etc.
Give this to your attorney. Ask what
problems you face in getting what you
want.
- Create a folder labeled "Attorney".
Keep all correspondence and
documentation relating to your case in
the file so it will be easily
accessible.
- Write down what you want to ask your
attorney before you call him. This will
ensure you don't forget anything. It
will also help you stay on track since
most attorneys will charge for time
spent on the phone.
- Listen carefully to what the
attorney says and make notes if
necessary so you can review them later.
Hint: Remember, your attorney is not your
therapist. Don't pour your heart out to him
about your personal problems each time you
meet. He is only interested in the facts of
the case - besides he will probably charge
you for listening.
Selecting and hiring an attorney is an
important decision. You should research your
selections carefully. He should be receptive
to your questions and keep you informed
about each step in the proceedings. If you
do not feel that your attorney is
representing you in the best possible manner
than dismiss his services and find another
attorney. Remember, the attorney works for
you!
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