HOW TO HIRE AN ATTORNEY AND WHAT TO EXPECT
Q: Where do you start to locate an attorney who is a good fit for your needs?
A: Ask other professionals you know, such as your CPA, financial planner, or therapist, for recommendations of family law attorneys. If you know an attorney who is not a family law attorney, ask that attorney for names of some lawyers who specialize in or practice family law. Ask your trusted friends or co-workers for names of family law attorneys. Ask why these attorneys have been recommended and what attributes they have. Then start “researching” each attorney on your list.
Q: How do you know if your attorney is competent to represent you?
A: There are methods for ascertaining an attorney’s competence. The next step is to do your homework. Review the prospective attorneys on the State Bar of Texas’ website (www.texasbar.com). This website will inform you as to whether the attorney is eligible to practice law, the area of law practiced, whether the attorney is board certified in a particular practice area (such as family law), and some information regarding whether the attorney has been disciplined by the Texas Bar. Many attorney ranking web sites are available on the internet; unfortunately, few of these sites have an objective, methodical basis for the ranking of attorneys. Perhaps the most reliable is Martindale Hubbell (www.martindale.com) as the attorneys are reviewed by other attorneys in the same practice area. However, bear in mind that if an attorney is not rated by Martindale Hubbell it does not mean that the attorney lacks competence or noteworthy skills - it only means the attorney has not yet been rated. If a prospective attorney is not rated, check to see if the law firm of the prospective attorney is rated by Martindale Hubbell. After establishing that the prospective attorney is eligible to practice law, details about the prospective attorney’s practice area, and, if applicable, the attorney’s ranking, go to the attorney’s website. Usually, this website will provide more details about the attorney.
Q: What do I do next?
A: Give the attorney a call. Many attorneys will speak with you by phone to discuss the basic aspects of your case before you come in for an appointment. Ask your attorney if there is a fee for a consultation. Before you schedule an appointment, ask the prospective attorney what type of law he/she practices, length of time licensed, his/her hourly rate and his/her experience in family law. If you are looking for a family law attorney, experience in handling family law cases should be a priority over experience in handling “general” matters. Before your appointment, make a list of questions you would like the attorney to address during your meeting.
Q: How much should I tell an attorney during our meeting?
A: When you consult with a prospective family law attorney bear in mind that the attorney’s ability to assist and advise you is only as good as the accuracy of the information you provide to the attorney. If facts are hidden due to embarrassment or any other reason, you will not get accurate advice from your attorney and your goals can be seriously compromised. It is critical for you to be open and honest. Prepare your attorney for any problem areas that you believe may be encountered in your case. Before meeting with a potential attorney, identify - to the best of your ability - the most sensitive issues of your case, such as fault, custody of children, division of property, payment of debts and other financial issues. Expect to hear your attorney’s honest opinion and keep in mind that you are paying for his or her expertise. Even if you do not choose to hire an attorney with whom you consult, that attorney is still bound by the attorney-client privilege and is prohibited from disclosing anything you discuss with a third party. Therefore, there is no reason not to be candid with an attorney. He/she can be of the greatest assistance to you if all information is shared.
Q: What else should I expect?
A: Listen to the attorney and state your own expectations from the beginning. The attorney should do the same. In addition, the attorney should provide you with a written fee agreement which clearly outlines his/her representation of you.
Q: Is there anything I should be wary of?
A: Beware of any attorney who guarantees the outcome of your case. There are too many variables in a family law case for any attorney to guarantee results.
Q: How many attorneys should I consult?
A: You may “hit it off” with the first attorney you meet. However, if you do not feel confident in and comfortable with a lawyer, proceed to consult one or two other attorneys until you identify the attorney who is the “best fit” for you.
Q: How much will it cost?
A: In the Dallas County area, attorneys’ hourly rates begin at approximately $200 per hour (for less experienced attorneys) and up to $500 per hour or more. Paralegals, who will likely be involved in doing a great deal of work in your case, generally have rates from $100 to $130 per hour. Before beginning work on your case, the attorney will likely request that you pay a retainer to cover his/her initial work on your case. The amount of the retainer will vary according to how much work the attorney deems necessary to perform in your case. A typical retainer may range from $2,500 (for a simple divorce) on up to $25,000 depending upon the complexity of your case. However, it is impossible to know at the beginning of your case just how much the attorney’s representation will cost. That is because there are many variables, such as your spouse’s behavior and/or the attorney your spouse hires, which affect the amount of work that needs to be done in your case. Remember the old adage, “you get what you pay for.” Sometimes hiring the cheapest attorney you can find does not serve you well. You would be better served hiring the most experienced and qualified attorney you can afford.
Q: How long will my case take?
A: A question asked by most all clients is “How long will this take?” It is understood that timing impacts you emotionally, personally and financially. While an attorney may be able to give you an approximate time line for your case, be aware that there are many factors beyond an attorney’s control which can affect how long the divorce process, or any type of case, will last. Examples of matters out of an attorney’s control are: the backlog of cases in the particular court where your divorce is filed; whether the case going to trial before yours runs over and bumps your case to the back of the schedule; the judge or opposing counsel being unavailable (sick, severe weather, car problems, etc.) for a hearing; how complicated your case is; cooperation during the discovery phase of your case, and how long it takes to get your case to mediation or trial.
Q: What should I expect from my attorney while my case is pending?
A: You should expect your attorney to keep you reasonably informed at all times about what is happening in your case. Be aware that all attorneys have more than one case and may need to be in court on another matter other than yours. However, you should expect your attorney to timely respond to your phone calls and e-mails - within 48 hours, if not the same day. Explore with your attorney what information you can give and receive from your attorney’s paralegals and legal assistants if your attorney is not available when you call. You should expect your attorney to convey all settlement offers to you and discuss the development of your case with you. You should receive a copy of every document that your attorney sends and receives relating to your case. Your attorney should also take the time to explain pertinent aspects of the law, how the court system works, how your circumstances are unique and what approach he or she recommends. You should understand how the discovery process works and how deadlines must be approached and met.
Q: What will my attorney expect from me?
A: Be aware that despite covering the facts and all issues of your case, the attorney will require and expect you to be responsive and accessible during your case. There are many aspects of a divorce case in which your participation is not only needed, but necessary. For example, during the discovery process, you will be required to produce documents and information so that your attorney can respond to discovery requests from the opposing party. During this process, it is vital that you produce information in a timely manner and communicate with your attorney about anything you do not understand.
Q: Should I expect to be charged for e-mails and phone calls?
A: Yes. Attorneys charge for their services, whether the service is performed at the courthouse, over the phone, or via e-mail. Obviously communication with your attorney is important. Let the attorney know how you prefer to communicate, whether by writing, telephone, e-mail or a combination of all three. Make sure that any methods you choose for communication with an attorney are secure (no one else has the password) to maintain your attorney-client privilege of confidentiality. Most attorneys spend at least a third of their day in communication with clients. Therefore, as a general rule, you will be charged for telephone calls, e-mails and letters.
Q: Will my case have to go to trial?
A: Probably not. A substantial number of family law cases are resolved in mediation or some other form of alternative dispute resolution method and never go to trial. After you have provided your attorney with details about your assets and debts, and the issues in your divorce, he/she should be able to adequately advise you regarding a settlement. Understand your options and weigh them against the costs of continued litigation.
Q: Is court the same as what I see on television?
A: Please keep in mind that attorneys, actual trials/court proceedings, and the legal process in general do not have much in common with television or movies. Things that are dramatic, shocking and extreme can render the legal process entertaining, but the reality of the legal process is quite different.
