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Question to Ask a Divorce Attorney

After trying all that you can before to stay together with your partner and your last resort is a divorce, you will need to turn to a divorce attorney. But just be sure to find a divorce attorney that has experience fighting for clients with needs like yours. If you're looking to win custody, win housing / posessions, etc...

Questions about the lawyer’s Experience and Expertise

• What percentage of your cases are Family Law and Divorce cases?
• Do you have any special training or certification in Family Law and Divorce that distinguishes you as a “divorce specialist”?
• For how many years have you been handling divorce and family law cases?
• For how many years have you been practicing in this state/county?
• Do you have courtroom experience?
• How many of your cases went to trial last year?
• Do you personally have any additional expertise/experience that may be useful in my case? (e.g. financial expertise, extensive child custody and support experience?)
• What additional expertise is available in your law firm if needed? (e.g. accountants.)
• Do you have experts outside of your firm that you regularly work with? (e.g. accountants, psychologists, counselors.)

Questions about the lawyer’s Philosophy/Management Style

• What is your usual or preferred strategy or “philosophy” for handling a divorce case?
• Do you recommend mediation to your clients?
• In what circumstances?
• Are you a trained mediator/trained in collaborative law?
• Overall, what percentage of your divorce cases go to trial?
• In what circumstances?
• Do you encourage or discourage direct contact between spouses?

Questions to ask about Case Management and Contact

• Do you have time for my divorce case, or a heavy caseload at this time?
• How long do you think my divorce will take?
• Besides yourself, what other people in your firm would work on my case? (e.g. paralegals, associate lawyers)
• Will you be the person responsible for negotiating my divorce case?
• Who will I meet and talk with most often during my divorce? You or your assistant(s)?
• Will I be able to contact you directly?
• How will I be able to contact you – by email/phone/fax?
• Do you have a policy regarding how soon client calls are returned?
• Will I receive copies of all legal documents and correspondence?
• Does your law firm have malpractice insurance?

Questions to ask about Fees and Expenses

• Is a retainer payable and if so, how much?
• What are your fees per hour?
• How are your hourly fees charged? (e.g. by the exact number of minutes or in blocks of 5, 10 or 15 minutes, etc.)
• Do you charge additional or higher fees if a case goes to trial? (e.g. for days in court.)
• What are the hourly rates for the other people in your law firm who would work on my case? (e.g. paralegals, secretaries, associate lawyer.)
• What other professionals may I need to pay and what are their fees? (e.g. accountants, property appraisers, child psychologists, private investigators.)
• What other services will I need from your firm and how much will they cost? (e.g. new will, property appraisal, deeds, trusts)
• What office expenses will I be charged for? (e.g. faxes, photocopying, etc.)
• Are there any other fees/expenses that I need to know about?
• In total, how much do you estimate my divorce will cost? (e.g. a best case scenario/minimum cost, or likely range.)
• Are there any ways in which you believe your firm offers better value to clients?
• Will you provide a written agreement regarding fees and expenses?

Wrapping up

• Ask the divorce lawyer if there is anything else you should know or that they would like to add, and thank them for their responses.
• Ask if you can meet others in the firm who would work on your case, now or later.
• Ask if you can call if you have any further questions for the divorce lawyer.

Copyright 2007 Caroline Mackenzie

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