I am often surprised by what questions new clients ask–and what they don’t ask. Most clients want to tell their story – what has happened to them and how they ended up needing a divorce attorney – and this is good. Clients need to give their attorney some background and factual information. And they need their lawyer to listen. But new clients should also interview their lawyers – preferably before they are hired. Although many lawyers offer free consultations for new potential divorce clients, it is probably better to pay a consultation fee if it will encourage you to ask questions. Better to pay $250 to get answers than to pay $2,500 and get stuck with a lawyer who does not have any. Although there is an infinite number of questions you can ask, assuming you have 45 to 90 minutes for an initial meeting, save the last 15-20 minutes to cover the following four (4) topics: Experience and Expertise; Associates and Assistants; Money; and Game Plan and Advice.
1. Experience and Expertise. What is your experience with divorce cases? Although there is no substitute for experience; experience does not guarantee competence. After you have explained your situation, ask the attorney questions such as: How have you handled divorces like mine before? Have you practiced in front of the judge that will hear this case if it goes to trial? Do you know my spouse’s attorney?
2. Associates and Assistants. Will anyone else be working on my case? If so, can I meet them before I decide whether to hire you? Most good lawyers have competent associates or assistants that will be helping with your case. Often they will be your first point of contact for information and questions. You want to be as confident in this person (people) as you with the attorney.
3. Money. There are lots of questions you can ask on this topic but they all boil down to “How much is my divorce going to cost me?” Even if you have abundant financial resources and “money is no object,” ask this question. Unless you have an uncontested case and your attorney is willing to accept it on a flat fee, you probably will not be given a specific dollar amount. However, the attorney’s answer should give you a lot of information, including how you will be charged, whether you will be charged a retainer, the attorneys’ and staff’s hourly rates, and the attorney’s impression of the complexity of the case at this time.
4. Game Plan and Advice. Finally, ask your prospective lawyer the following questions: “Based on what you know about my case, how do you think I should proceed? And “Based on your experience, what results can I expect?” At the end of the initial consultation, the attorney should be able to give you some tangible advice and a recommended course of action. Of course, at this point he or she has only heard one side of the story, but that is how every case begins. Also, a good lawyer will likely try to limit your expectations in terms of time, money, headache, heartaches, etc. You want your lawyer to fight for you, but you need a skilled negotiator, a zealous advocate and someone you can trust.
