| Retaining a Qualified Divorce Lawyer |
So now you have decided to retain a divorce lawyer. The next question is, "Whom should I hire?"
Choosing a family law attorney is a bit like choosing an auto mechanic. Unless you have some experience in auto mechanics, you probably don't know know where to begin. When choosing your lawyer, the foremost questions in your mind should be: (1) is this lawyer truly qualified to handle my case; and (2) can I trust this lawyer?
Before you go searching for divorce lawyers, you need to do some homework. I will break this down into two sections: (1) what
not to do and (2) what
to do.
Keep in mind that there are many lawyers who practice in the area of family law. However, they may have other practice areas as well, such as personal injury, criminal defense, and real estate. Lawyers who diversify their practices into many areas of the law cannot devote their entire attention into one area of law, so they are more likely to be less informed than lawyers who devote their practices into a single area of the law.
What Not to Do:
Telephone Book Directories. If you look in a telephone book directory, you will probably find a specific section for family lawyers. But just because those lawyers have a listing in the directory doesn't mean that they are qualified to assist you with your family law problem. Even a lawyer who devotes only one percent of his or her practice to family law can take out an add in a telephone book directory. In fact, if you look around any given directory, you will probably find the same lawyer has taken out advertisements in other legal areas as well.
Other Forms of Advertising. Aside from telephone book directories, lawyers will also market themselves in other forms of media (yes, including the Internet, like I do). Like telephone book directories, any lawyer can throw up a web site, put on a television commercial, or purchase an advertisement in a local newspaper or magazine. Yet advertisements do not mean that the lawyer is qualified to handle your family law case. It just means he or she paid money for an advertisement.
Beware of Fighting Words. If you see an advertisement, you will frequently see catch phrases like "aggressive." Catch phrases like that are meant to get you fired up and ready for a fight. The best family lawyers are usually those who promote a minimization of conflict. So beware of lawyers who use fighting words.
Friends and Family Members. Of course we put our trust in friends and family members. Although you should definitely ask them about potential lawyers, be careful of their comments. As much as we love and respect them, every family law case is different. Some of our friends and family members may have had a bad personal experience with a particular lawyer, but that bad experience may be due to a client's unrealistic expectations that didn't materialize into anticipated results.
Free Consultations. My experience has been that lawyers who offer free consultations are not interested in helping prospective clients. Rather, they are intent on giving you a sales pitch. You are likely to walk away from a free consultation with more information about how great the lawyer is rather than any information on how he or she can help you with your family law problem.
What to Do:
Ask Questions. Without a doubt, asking the right questions is the best way to find a qualified divorce lawyer. Here are some questions you should be asking:
1.
What percentage of your practice is devoted to family law? A qualified divorce lawyer will devote the vast majority of his or her practice to matrimonial and family law. At the
Law Office of Wesley H. Owens, our practice is limited exclusively to matrimonial and family law.
2.
For how long have you been practicing law? Although there is no bright line rule as to how long a lawyer has been practicing, a good rule of thumb is "the longer the better." For example,
I have been practicing matrimonial and family law for about fifteen years.
3.
Are you a member of the Family Law Section of the Florida Bar? If a lawyer is not a section member, he or she is not likely to be involved in emerging family law issues. You may also want to ask whether the lawyer serves on any Family Law Section committees to determine his or her active involvement in helping to formulate creative solutions to family law issues.
4.
Do you represent more men or women? Unfortunately, some lawyers use catch phrases like "men only"or "women only" as a marketing tool. It is better for your prospective lawyer to have a balance of experience in representing both men and women.
Do not be afraid to ask questions. The lawyer you retain is likely to have a tremendous impact on the most vital issues of your life, with consequences that will endure for a lifetime.
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Posted By Wesley H. Owens on February 15, 2010 06:39 pm | Permalink |