Things To Consider When Hiring A
Divorce Attorney
1. Attorney's Experience
Any divorce attorney you consider should have substantially experienced in handling divorce cases in your area. An experienced divorce attorney will know what to expect of the judges in your jurisdiction and should be able to use this knowledge to your advantage. Additionally, the attorney should practice primarily in the field of divorce law.
2. Client
Testimonials
The best way to decide which divorce attorney to
use is to find out what former clients have to say about the attorney. If you
do not know someone who has been a client of that particular divorce attorney,
you should consider asking the attorney for a list of clients that you can
contact who can describe their experience with the attorney.
3. Ability
to Communicate With Attorney
When a client becomes unhappy with a divorce
attorney, one of the most common complaints is that they were unable to
communicate with the attorney. It is very important that your divorce attorney
be accessible and prompt in responding to your phone calls, emails, and
requests for meetings. While you can ask the divorce attorney about their
office policy, this is another area where you can best assess the divorce
attorney by hearing what former clients have to say.
4. Fees
that the Attorney Charges
When you make your initial appointment with the
divorce attorney, you should inquire about a consultation fee. Some attorneys
do brief initial consultations for nothing, however most experienced divorce
attorneys will charge between $100.00 and $200.00 as a consultation fee, or
will charge their normal hourly rate. Find out what the attorney's hourly rate is, what
the up front retainer will be, whether any portion of the retainer is
refundable if it is not used, and how often you can expect to receive invoices
that detail their hourly charges and expenses.
5. Being
Comfortable With the Attorney
While all the above are important, there is one
final question you should ask yourself before hiring a divorce attorney. Are
you comfortable with that attorney and are you confident in his or her
abilities? If the answer is anything other than a resounding yes, you should
keep looking. Your case is too important to entrust to someone who does not
inspire your confidence.
How Do I Know if My Attorney's Fees are Reasonable?
There are many factors
to consider when it comes to determining the reasonableness of an attorney's
fees. Aside from the attorney's experience in handling legal matters similar to
yours, local and even state wide business practices also influence what an
attorney will charge for a particular matter. Here's a list of factors to
consider when determining if the fees quoted to you by a qualified estate
planning attorney are reasonable.
Most Attorneys Don't Charge a
Fee for the Initial Meeting
While most estate
planning attorneys still won't charge a fee for the initial meeting,
recently I've noticed this changing. With the state of the economy, you
shouldn't be surprised if the attorney does charge a small fee for the initial
meeting with you. Keep in mind that the estate planning attorney is also a
business man or woman, and so time spent with you takes time away from billable
time on other client matters. Your time is valuable, but so is theirs.
Estate Planning Attorneys
Charge a Flat Fee for Estate Plans
What does a flat mean for
estate planning matters? One dollar amount covers the initial meeting,
preparation of basic documents, review of documents, and signing of the
documents. Some attorneys will also include assistance with funding your trust
as part of their flat fee, while others will charge a separate funding fee
based upon what they'll be helping you fund into your trust. The alternative
would be for the attorney to charge on an hourly basis, but many people are
uncomfortable with this approach since there's a great deal of uncertainty
about what the final cost will be. You can avoid this by requiring that your
estate planning attorney come up with a flat fee to cover all of the services
that they'll be providing to you.
Ask About Standard Hourly
Rates
Even if the attorney
quotes you a flat fee, they'll still have a standard hourly rate for other
services. Ask the hourly rate of the attorney you're meeting with as well as
for other attorneys and paralegals in the same firm. (Note: Usually the higher
the attorney's hourly rate, the more experience the attorney has.) This will
give you an idea of how many hours the attorney expects the firm to spend on
your estate plan. And keep in mind that while the hours may seem like a lot to
you, if the attorney is really experienced then they'll have a good idea about
the time it will take to meet with you and answer your questions, design and
draft your plan, review your plan with you, help you sign your plan, and then
help you fund your trust.
Don't Ask for a Range of Fees!
This is by far the worst
question to ask: "Can you give me a range of fees that you charge for
estate planning documents?" If the attorney does give a range of fees,
then inevitably you'll be setting yourself up for disappointment because all
you'll be focused on is the lowest fee quoted. This won't allow you to think
clearly about the value you'll be getting for your money and if the attorney
does ask for more than the minimum fee, then you just won't be happy. It's
better to discuss your estate planning needs with the attorney first before any
fees are quoted because then the attorney will be able to establish a
reasonable fee based upon their overall experience with handling estate
planning needs similar to yours.
Meet with Two Attorneys by
Telephone First
It's common these days
to handle a significant amount of business by telephone. Instead of meeting in
person, for your initial meetings consider setting up telephone interviews with
at least two estate planning attorneys. This will not only save you and the
attorneys time, but you'll be able to tell within the 30 minutes set aside for
the call whether you want to work with the attorney or not. The attorney will
also be able to get a feel for what your needs are and quote you a flat fee for
your basic estate plan. This will then give you the opportunity to compare the
flat fees quoted by each attorney and narrow down your choice as to who you
want to meet with in person.
Don't Settle for Less!
You know the old saying,
"You get what you pay for"? Don't necessarily settle for the cheapest
attorney. First, ask the attorney who's going to charge you more why. While
some attorneys are in the business of selling estate plans in bulk, others are
truly interested in giving you a high quality estate plan and becoming your advisor
for life with regard to your estate plan as well as other legal needs. Second,
think about how comfortable you felt with the attorney since you'll need to be
open and honest when discussing the most intimate details of your personal life
and finances. Last, go with your instincts because only you'll know for sure
who you'll be able to trust with this important part of your life.
