How Do I Choose a Lawyer?
So you’ve decided on a divorce, and now begins a stream of thoughts competing for your bandwidth. One common screaming question that often arises is How do I choose a lawyer?.
Seeking legal advice as early as possible is a smart move to ensure you have clarity on your position, and know what to expect. Having a lawyer by your side, means you have an advisor who can explain the various laws in your jurisdiction.
Lawyers are also in the best position to guide you with general and specific legal advice in relation to your specific circumstances. They can work with you on your concerns and inform you on the strength of your position from a legal standpoint. A good lawyer may also be able to spot blind-spots which they may (or may not) be able to help you work through legally. It’s safe to assume though, that a lawyer can bring you a level of clarity that can inform your decisions about your future.
At the end of the day, if you choose to engage a lawyer, you are the client and your lawyer will be on your side to get you the best possible outcome, within the realms of the law. It is important for you to understand the role of your lawyer and to manage the relationship in a way that works for you both.
I can’t afford a lawyer!
A common concern when it comes to hiring a lawyer is the cost. Since legal costs can cost anything from $1000 to over $100,000, it’s no surprise that for many, legal fees can create a barrier to getting adequate legal advice, without which you can leave yourself exposed.
If your divorce is likely to be predictable, friction-less, with amicable pre-agreements and no-contest from your former partner, then a lawyer may be able to estimate a likely cost for standardised services.
Conflict = expense
However if there is conflict and disagreement, which requires a court hearing, then it is difficult to predict the length of time your divorce may take and the eventual outcome. Hence lawyers aren’t always keen to provide a fixed cost based on ‘unknown’ variables.
However if your case is likely to go to court and/or has areas of conflict and disagreement, then it’s best to manage your expectations and expect higher legal fees. In short, the more acrimonious you and your ex are, the higher the likely legal costs will be, and the longer the process will take. So it makes sense to try and be as amicable with your partner as possible from the outset.
Lawyer fees
Before ruling out a lawyer based on affordability, it is worth you reaching out to lawyers for an initial consultation. Many waive or discount their first consultation fee for new clients. Be upfront with your lawyer about your restrained budget. They may be able to suggest a payment structure that can work for both of you.
Depending on your case, you may wish to hire a lawyer to advise you on specific issues only, and then represent yourself for the rest. Or you may wish for your lawyer to be by your side from start to finish. You can discuss all the possible options with your lawyer, and create a solution that works. Be bold enough to negotiate and ask your lawyer for suggestions on how they can make things work within your budget.
In some circumstances it may make sense to pay your lawyer by the hour. Other times, based on the amount of work they have to do or milestones they need to meet, a fixed amount may be agreed. You can also try requesting split payments to help your cash flow.
There may also be services in your country that can assist with legal fees. So it’s worth researching such initiatives.
Sometimes it’s not just about having enough resources, but about being resourceful.
How to choose a lawyer
Choosing a lawyer is like selecting who you want on your team. Decide on what is important to you in terms of hard and soft skills. For example you may want to choose a lawyer who is known to have a good bedside manner, or someone who is experienced with cross-country jurisdictions, or someone who is known to be highly proactive, or someone with a reputation for XYZ.
Remember that all lawyers are different and handle matters in a different way.
Don’t choose a lawyer solely based on someone’s recommendation. A particular lawyer may suit the requirements of one individual, over someone else, based on individual circumstances. Select a lawyer based on your own judgement.
If there are specific issues you need to deal with, find a lawyer with expertise in that area.
Finding a lawyer who supports your values is worthwhile. For example, if you seek a harmonious resolution, then find a lawyer who can work well with your spouse’s lawyer to avoid/minimise conflict.
If you want a lawyer who is ‘child-focused’ and don’t wish to escalate animosity between you and your former partner, then seek a lawyer with that type of ‘bedside manner’. So decide what is important to you.
Look for lawyers with a good track record and/or reputation.
Find a lawyer that you feel ‘safe’ to be vulnerable with (should that moment arise). You and your lawyer will need to work closely together and you will be sharing personal information with them. So it makes sense that you can talk freely with your lawyer.
How to work with your lawyer
Don’t decide on a lawyer just by seeing the first one. Interview a few to see which one would be suitable for your case.
If you need a second opinion, don’t hesitate in bringing someone along to your first consultation.
Remember that you are hiring a lawyer who is a professional and not your therapist. Don’t expect them to be anything more than that.
If you treat your consultations with your lawyer as a therapy or venting session, you may ‘feel’ better, but you will be charged your lawyers rate for their time.
Use your time with your lawyer to stick solely to matters related to your case.
Trust the credibility of your lawyer and allow them to work freely for best results.
Your lawyer can’t predict your future and tell you what will happen. So manage your expectations.
Summary
Choose a lawyer with great care. This is someone you will need to trust and share details of your life with. They will be a key advisor to you, and you need to trust and feel comfortable with them.
Always think about what you want in the short, medium and long run. And share these goals with your lawyer. They can advise you accordingly and point out (and possibly navigate) any blind-spots from a legal standpoint.
Free divorce support kit
Download our free divorce support kit. It’s loaded with resources, tips, advice and recommendations to get you well on your way to rebuilding your life after divorce. Grab your kit right here for you or loved one.
Truced is a platform to help divorcing parties settle negotiations amicably and co-parent efficiently. We are a social enterprise that helps you to agree and move on.
We are building a supportive community for those who are/have gone through divorce at our Truced Facebook community. Join us here.
