Unfortunately, sometimes the attorney-client relationship is
not so happy and a high percentage of people who hire a family law attorney end
up with a different attorney before their divorce is finalized. The attorney-client relationship, especially
in an emotionally charged situation like a divorce, can have its ups and downs
-- not to mention, sideways, backwards,
and upside down. This can be difficult
for a person whose life is already changing radically with the ending of their
marital relationship. Additionally, it adds
extra expense -- if you hire a new attorney, he or she will need to review the
file, (which is often volumes of documents and emails and conversations and
court hearings, etc.), in order to effectively take on your
representation. This review can take many
hours of work by the new attorney and it's likely that at least a portion of
which will be charged to the client.
Because switching
attorneys is costly (and can also be emotionally jarring), it's a good idea to
choose your attorney carefully before you sign the agreement and pay the
retainer deposit. It can seem like
there's a fire drill emergency and that you need to hire an attorney
immediately (and in some cases, this is true), but usually it is best to be
careful and make deliberate choices.
A good
place to begin is to gather some names of attorneys you may be interested
in. Ask friends, family, colleagues for
referrals. You can also contact the
local bar association or various online referral sites (such as NOLO Press). Even if your best friend has recommended
someone, it is a good idea to contact several attorneys and either speak with
them over the phone or go into their office to meet in person (although beware
as many attorneys charge a consultation fee if you go into their office to
meet). Even without a formal consultation,
you can gain much insight about the prospective attorney by how they
communicate with you. Another source of
information is the attorney's website or other online information. Make sure that the attorney you are
considering has the same approach that you do -- for example, if you and your
"ex" agree on most everything, look for an attorney who will help you
come to a settlement, not an attorney who promises to fight to the death in
court. Think about what issues may arise
for you and your ex -- for example
complicated division of assets or a joint business venture, or custody issues,
etc. -- and then see if the prospective attorney has experience in these areas.
I often
recommend that people choose an attorney who they can envision getting bad news
from -- because in most cases, there will be some "bad news,"
something that doesn't go the way the client expects. Hire someone you think you can trust -- do
your homework and then trust your gut. Try
to think of being in a long-term relationship with this attorney -- keep in
mind that even in the best case scenario, it will take the California statutory
minimum of six months plus one day before your divorce is finalized and many
divorces can stretch on for a couple of years.
The
bottom line is that whatever methodology you utilize, do take some careful
steps before you make up your mind and sign on the dotted line. This is likely to be one of the most
important decisions you will make in your divorce. And once you make a decision, try to have
faith in your choice and in your attorney and try to remember there is a light
at the end of the tunnel....
Resources:
http://www.divorcenet.com/states/california/top_10_questions_to_ask_a_prospective_divorce_attorney
http://www.aaml.org/library/publications/415/divorce-manual-client-handbook/5-selecting-divorce-lawyer
http://www.huffingtonpost.com/2014/02/02/divorce-lawyer-advice_n_4661934.html