how can i retermine if my divorce lawyer is good

by Mr. Nathen Weimann DDS 3 min read

How do I know if my divorce lawyer is any good?
  1. The best attorneys should have a good legal strategy in divorce proceedings.
  2. An ideal attorney will be open, honest, and empathetic in your initial interview.
  3. A potential lawyer should return phone calls and meet all of your legal divorce needs as an attorney.
Jun 3, 2021

What should your lawyer know about your divorce case?

The short answer is "no." The professional rules of conduct governing lawyers prohibit attorneys from representing both spouses in a divorce. This would create a conflict of interest for the attorney, since your interests, rights, and needs in a divorce are adverse to your spouse's. A single attorney can't ethically give good legal advice to ...

Why should I hire a divorce attorney?

Dec 22, 2017 · Ask about prior divorce outcomes, and what the lawyer sees as your optimal outcome. You want a clear idea of your lawyer’s competencies and track record for obtaining what is fair and right for you. Be sure your lawyer clearly tells you if he or she foresees any potential “sticky” problem areas.

When should I contact my divorce lawyer about my case status?

Dec 22, 2015 · It’s okay if your attorney needs to check the docket or case notes to verify certain items. However, your lawyer should be able to tell you what’s happening in your divorce when you ask. 5. Unreturned Phone Calls It's usually a bad sign if your attorney consistently fails to return your calls within a reasonable time.

How do I find a good divorce lawyer in my area?

Aug 28, 2019 · Starting Your Divorce Case. Your first divorce consultation will be at your lawyer’s office. At the initial meeting, your attorney will ask lots of questions, listen to the details of your case, and walk you through the divorce process. Most attorneys will provide their clients with divorce forms to fill out during (or after) the first ...

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What type of attorney do I need for divorce?

What Type of Attorney do I Need? When you're getting a divorce, you'll need an attorney who is experienced in family law matters. A old college friend who now practices medical malpractice law isn't likely to be the best choice to handle your divorce. Different areas of the law have different rules and requirements.

What is the demeanor of a divorce lawyer?

Some lawyers pride themselves on an aggressive demeanor, while others highlight their ability to collaborate and settle most divorces without a drawn-out courtroom battle. Your needs, your personality, and your spouse's demeanor in the divorce will also affect the type of attorney best suited to your case.

Is divorce hard?

It can be the difference between feeling like you have an advocate to protect you, or feeling like you're fighting a battle alone. Divorce is hard, but an experienced divorce lawyer can take on some of that burden and help you achieve your goals. Find out more about what to look for when choosing a divorce attorney.

Can a single attorney give legal advice?

A single attorney can't ethically give good legal advice to two people in adverse positions. While some couples choose to use a single attorney to draw up divorce paperwork, that attorney legally only represents one of the spouses.

What to look for in a divorce lawyer?

Key points to look for when searching for a good divorce lawyer-. 1. Understand your lawyer’s role. The goal of using a lawyer to help in your divorce process is to move the dissolution of your marriage forward in a fair and equitable manner. The main points of discussion when meeting with a lawyer should focus on money, ...

Why is it important to meet with several lawyers?

You want to get a sense of different approaches so it is important to meet with several lawyers in order to decide on one who would be the right lawyer for your unique situation. Often times, you can get a sense of what a lawyer is like from your first phone call to their practice.

How to avoid long battles with ex spouse?

Finding the right lawyer could end up saving you time and money, and help you avoid long, drawn-out battles with your ex-spouse to be. Remember, your divorce will shape the rest of your life, so choose your lawyer wisely. Spending time to do the necessary research from the outset will truly be time well-spent.

What percentage of a family law practice should be devoted to family law?

If they don’t specialize in family law exclusively, find out what percentage of the practice is devoted to family law; it should be at least 50% of their caseload. Depending on your financial situation, you may want to seek a lawyer who also has expertise in finance and property laws. It is important to get a good “fit”.

Can lawyers advertise on the internet?

Check their online presence. In years past, some states allowed lawyers to advertise in telephone directories. If you still use a directory, you can always check there, but nowadays nearly all lawyers and legal practice s have websites that you can check out.

Is it easy to divorce?

Hopefully, you will have done your research and your divorce can move along and be finalized without major hitches. It is never an easy decision to divorce, but going in with knowledge can help make this transition time less uncertain and a bit easier to get through.

Is it important to find a good divorce lawyer?

Deciding to divorce can be a long, soul-searching and emotionally-draining process. Adding to the stress is the necessity of finding a good divorce lawyer from the beginning. It is important to have top-notch legal representation, however, so do your research and find the best divorce lawyer you can afford. Finding the right lawyer could end up ...

What happens if your lawyer doesn't understand your law?

If your lawyer doesn’t understand local laws or procedures, your case may end up taking much longer than necessary, or even worse, being dismissed because your attorney failed to meet essential requirements.

What is the difference between assertive and take charge divorce lawyers?

11. Too Detached. You don’t want a lawyer who becomes too emotional or weepy in court.

What does it mean when a lawyer doesn't respond to messages?

A lawyer who doesn't respond to numerous messages probably isn't giving your case the attention it deserves. 6. Unfamiliarly with the Divorce Process. Many attorneys focus on one or two practice areas, such as family law or criminal law.

What happens if your attorney forgets your 4th child?

Although you shouldn’t worry if your attorney forgets the name of your fourth child, there's a major problem if your lawyer doesn’t know anything about your case . Your attorney should remember the basics about your divorce.

What happens if you miss a court date?

Missing a court deadline could result in disastrous consequences for your divorce and may even amount to malpractice. 2. Perpetually Late. It’s a bad sign if your attorney is always running late, especially if it’s to an important meeting or a court hearing.

Is it okay to ask your attorney to check your case notes?

It’s okay if your attorney needs to check the docket or case notes to verify certain items. However, your lawyer should be able to tell you what’s happening in your divorce when you ask. 5. Unreturned Phone Calls. It's usually a bad sign if your attorney consistently fails to return your calls within a reasonable time.

Can an attorney file documents on time?

There is simply no excuse for an attorney who can’t file documents on time or one who misses important hearings in your case. Missing a court deadline could result in disastrous consequences for your divorce and may even amount to malpractice.

Starting Your Divorce Case

Your first divorce consultation will be at your lawyer’s office. At the initial meeting, your attorney will ask lots of questions, listen to the details of your case, and walk you through the divorce process.

What Do I Have to Do in a Divorce?

Don’t think that once you hire a divorce attorney that you can book a month's long vacation. You and your lawyer will need to keep in touch frequently as your divorce progresses. Your lawyer may look to you to provide factual background for the paperwork or “pleadings” filed in your case.

What to discuss with a lawyer about divorce?

There are a number of important issues you will need to discuss with your attorney during the first meeting, including child custody, child support, spousal support, division of the marital estate, any separate property claims, community debts, and your expectations about the likely outcome of the case.

Why is it important to go to court for divorce?

Going to court encourages fighting, the stress of litigation makes it more likely you will become emotional, and the lawyers will control the divorce because court rules and procedures are complex.

What is collaborative divorce?

A collaborative divorce is a cooperative process where an experienced team guides you through your divorce with minimal stress and expense. Litigation is an adversarial approach to divorce and involves going to court, presenting evidence, ...

How to reconcile a marriage?

Making a marriage work can be challenging, especially when one spouse is considering divorce. It takes time and effort to rebuilt a relationship, but if both spouses are committed to making the marriage work, reconciliation is possible. 1.

Why do lawyers use investigators?

Some attorney use investigators to search for damaging facts, and if there is a suspicion of an affair , an investigator is likely to be involved. If you are in an abusive relationship, make certain you tell your lawyer, even if you are ashamed of it. Also, if you have contracted a sexually transmitted disease or have hidden assets or debts, ...

How to share facts with divorce lawyer?

It’s important to share all relevant facts with your divorce attorney so he or she can prepare for and deal with potential problems. Even if you think a particular fact is irrelevant to your divorce, make certain to mention it to your attorney so he or she can decide whether the item could create a problem down the road. You don’t need to tell your attorney everything about your marriage and children, but make certain to share all items relevant to the issues of your case. If you are in doubt about what your attorney needs to know, get guidance on what’s relevant.

What happens during discovery in a divorce?

During the discovery process, if you opt for a litigated divorce , these facts are likely to come up and in a collaborative divorce, you are obligated to share all relevant information with the other side. Some attorney use investigators to search for damaging facts, and if there is a suspicion of an affair, an investigator is likely to be involved. ...

How to be proactive in a relationship with an attorney?

To be proactive from the beginning of your relationship with your attorney, the first thing that you can do is to let them know your concrete expectations. Some lawyers and clients will sign a contract with one another about expected fees, timetables, and the availability of the lawyer.

What to do if your attorney does not reply to email?

If your attorney does not reply via email, then you should call their office. A phone call is more direct and personal than an email. Since you speak to your lawyer over the telephone, you should be able to better gauge why they have not followed through with activities that you feel are important.

How to get your attorney's attention?

The best, most unobtrusive way to start getting your attorney’s attention is by sending them an email. Lawyers regularly check their emails, so it is a good way to see if someone from their office will respond to you. If your attorney does not reply via email, then you should call their office.

What are the problems with lawyers?

People have problems with their lawyers for a variety of reasons, but some of the main issues involve: 1 Fee conflicts 2 Issues involving communication or neglect 3 Competency problems 4 Ethical concerns

How to get your point across to your lawyer?

Sending a letter is another good way to get your point across to your lawyer. In the letter, you may want to state a specific date that you expect to hear from them, or that you want them to complete something. While going through the stages of a divorce, there are several deadlines that your lawyer will need to meet.

What are the concerns of hiring a lawyer?

Competency problems. Ethical concerns. Any of these areas can cause major concerns for people who have hired a lawyer to help protect their personal interests. If you have these types of concerns about your attorney, then you must be proactive about protecting your well-being, and proving your side of the case.

What happens when you file a complaint against a lawyer?

Once someone files a complaint about a particular lawyer with a governing board (such as the boards mentioned above), then an investigation occurs regarding the practice of that lawyer. The case is typically handed over to a grievance committee that reviews lawyers’ work and ethics.

What to do if you are not satisfied with your lawyer?

If you are not satisfied with the way the lawyer is handling your case, you can fire him. The lawyer should return your calls and reply to your emails promptly, send you copies of all important documents and letters, and keep you involved and informed.

How to discharge a lawyer?

You don’t need anything more than that. The best way to discharge your lawyer is in writing, either by email or by letter.

Is divorce a life changing event?

Going through a divorce is a life-changing event. The outcome of the case can affect your life and the lives of the children for many years to come. Therefore, it’s important to have a good lawyer with whom you have a good working relationship. If that’s not the case, the lawyer should be discharged.

Can you fire a divorce lawyer?

Sure, you can fire your divorce lawyer. You can do it just about any time and for any reason whatsoever. Here’s how it works: the golden rule is that the lawyer works for you, not the other way around. If you are not satisfied with the way the lawyer is handling your case, you can fire him.

Can a lawyer withdraw from a case?

The lawyer will then have to receive permission from the court to withdraw from the case. Most often, the court will allow the withdrawal. There are, however, circumstances where the court might deny the request to withdraw – such as at a time when the case will shortly be going to trial.

What happens if you meet with a lawyer?

If you have a meeting with your lawyer, there’s a good chance you took time off from work, secured childcare, or had other obligations that you changed or gave up in order to be at the meeting. Your lawyer shouldn’t waste your time, be unprepared, or mishandle your funds or documents.

Why do I retain legal counsel?

Reason #4: You disagree with your lawyer’s advice. You retain legal counsel because you need advice. However, the lawyer should still take your wishes into consideration. The lawyer could be pressuring you to accept a settlement that you think is too low to cover your costs after an accident.

Why is malpractice considered a legal malpractice?

Malpractice could be intentional or by accident. If your lawyer has done anything that has cost you the ability to win or settle your case, or that had a detrimental effect on your proceeding, it could be considered malpractice.

What happens if you file a motion for substitution of counsel?

If your case is already filed within the court system, you (or your new attorney) will need to file notice with the court that you are now represented by new counsel. Your new attorney will file a “motion for substitution of counsel” and your old attorney will file a motion to withdraw.

Why do I have to pay off my personal injury case?

Pay off your balance immediately because the lawyer could hold your case files until they receive payment. If you know your lawyer isn’t working for you, but you don’t have a second lawyer yet, please feel free to use the Enjuris Personal Injury Law Firm Directory to find a lawyer near you who can take your case.

Why is my lawyer not returning my calls?

Reason #1: Your lawyer isn’t returning your calls. Lack of communication is a big problem for some law firm clients. Yes, legal practices are very busy. They have lots of clients — not just you. However, before a lawyer signs on to take your case, they need to know if the firm has the capacity to handle it. There’s no excuse for not returning phone ...

How to terminate a contract?

Hire a new lawyer first, and then fire the old one. Write a termination letter. Any time you modify or terminate a contract, it must be in writing.

How to prepare for divorce?

If you’re thinking about divorce, you need to immediately begin to set aside money for the all the expenses involved. Make copies of all your financial documents and legal records before your divorce proceedings begin.

What to do in a contentious divorce?

In more contentious divorces, an attorney can make sure that your interests are represented in court. Even in a “friendly” divorce you are often better off hiring a lawyer to help file paperwork and guide you through the court system. 2. Don’t neglect your finances.

What to do when a divorced couple has a large amount of assets?

Don’t forget to consult an attorney. A lawyer can make sure that you both review and understand anything before you sign or agree. An experienced family law attorney is often a good idea for situations where the divorcing couple has a large amount of assets, property or other complicated financial matters.

Is it normal to want to tell someone about divorce?

Emotions are running high, it’s perfectly normal to want to let others know what’s going on in your life. You may desperately want support, you may not want to suffer in silence, or you may just want to punish your partner and embarrass them. This doesn’t mean that you have to keep your a divorce secret from everyone, you just need to decide who you tell and why.

Do family and friends have good intentions when divorced?

Your family and friends may have good intentions, but their divorce experience is based on the facts and circumstances that are unique to them and may not apply in your situation.

Can you use your kids to manipulate your spouse?

This should go without saying, but unfortunately, it still happens, even unintentionally. Check your own behavior and don’t use your kids to punish or manipulate your spouse. In the end, this will cause resentment and have a negative impact on the relationship you have with your children.

Can you have a relationship outside of marriage during divorce?

Even if you and your spouse no longer live together, in some states a relationship outside of marriage can become an issue during the divorce process. With all of the changes going on in your life, avoiding any type of romantic relationship is often the best thing to do for your emotionally. 8.

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