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Divorce Lawyers and Attorneys Article
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How to Evaluate an Attorney
by Brette McWhorter Sember, JD

The first thing you want to consider is how experienced your attorney is in the matrimonial field. Attorneys who primarily handle divorce and family law have managed more cases and presumably have more knowledge than those who handle divorces along with everything else. They also have more connections with judges and other attorneys, and familiarity with the court process and court personnel.

Schedule a free consultation with the attorney you've selected and consider it a job interview for the attorney. Do not be intimidated, and instead focus on asking questions and deciding if this is a person you trust and with whom you want to work. These are some questions to ask:

  • How long have you practiced this type of law?
    Ideally, you want someone who has been doing this for at least three years.

  • How many cases of this type have you handled in the last six months?
    An attorney who has handled ten divorce cases in six months is someone who definitely specializes in this area; however, if you live in a less populated area, it may be difficult to find an attorney who just does divorces.

  • What are your fees?
    Ask for information about in-court and out-of court rates. Ask if a retainer fee (an up-front payment, similar to a down payment) is required. Determine if a separate rate is charged for paralegal work or if you will be charged for expenses.

  • What are the court fees?
    Each jurisdiction has its own fees, so ask.

More information on finding and working with your divorce attorney:
A Perfect Fit
A Solid Relationship
How to Choose the Best Lawyer
Your Lawyer: Who's In Control?
The Full-Service Lawyer

  • How much do you think a case like mine would cost?
    If the attorney is unable to estimate, you should get a second opinion.

  • Can a payment plan be worked out?
    Many attorneys are willing to do this. Be concerned, however, if an attorney suggests a lien against your home in exchange for legal work.

  • What are the chances of my spouse paying some of my legal fees?
    As mentioned, the court may order the moneyed spouse to pay the legal bills of the non-moneyed spouse.

  • Do you provide a written contract?
    Always insist upon this.

  • Who will handle my case?
    If it won't be the attorney you are interviewing, ask to speak to the person who would be in charge.

  • How likely is it I will get what I want? What am I asking for that is not realistic?
    You really want an attorney who can be realistic with you and not promise you the moon.

  • Is this a case you would try to settle?
    Most cases can be settled, and a settlement is much less expensive than going to trial.

  • How quickly do you return phone calls?
    Your calls should be returned within 24 hours.

  • What do I do if there is a problem after hours?
    Most attorneys do not accept calls after hours, but the fact of the matter is that all divorce crises do not happen between nine and five.

  • How long would you anticipate this case lasting?
    In addition to weighing the answers to these questions, you need to consider how the attorney and his office make you feel. There is a lot of personal choice involved in selecting an attorney. You may prefer a woman or a man, or someone you feel is intimidating, while others want someone friendly and accessible. You need to decide what you are comfortable with and what will help you feel you're getting the best service.

Look around the attorney's office while you are there. Friendly staff is a good sign. Piles of disorganized, messy files can be something to be concerned about. Consider how convenient the office is for you to get to, since it is likely you will need to go there several times.

Excerpted from The Complete Divorce Handbook by Brette McWhorter Sember, JD. More info here.

For more articles on divorce lawyers, visit http://www.divorcemag.com/articles/Divorce_Lawyers.

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