what questions to ask when interviewing divorce lawyer

by Dr. Sanford Kautzer 3 min read

Top Ten Questions to Ask Your Divorce Attorney in the Initial Interview

  1. How long have you been practicing, and what percentage of your practice is devoted to family law? It is important to...
  2. Do you prefer to negotiate and settle, and what is your attitude toward mediation? You will be best served by an...
  3. Who will be working on my case, and how involved will...

Key Questions to Ask Your Divorce Lawyer
  • 1) How many divorce cases have you handled? ...
  • 2) How often do you reach an out-of-court divorce settlement agreement? ...
  • 3) What is your take on collaborative divorce? ...
  • 4) Do you know my spouse or my spouse's attorney? ...
  • 5) How well do you know the local family court judges?

Full Answer

What qualities make a good divorce attorney?

  • Understanding of Family Law: First and foremost a Divorce attorney should be through with laws concerning divorce which are a) Hindu Marriage Act, 1955; b) Hindu adoption and Maintenance Act ...
  • ANALYTICAL AND RESEARCH SKILLS: Preparing a legal strategy is complicated. Each case involves a large volume of facts and records. ...
  • DEDICAT

How do I know if my divorce lawyer is good?

Here is a list of the 9 things you should never do during a divorce:

  1. Don’t forget to consult an attorney. A lawyer can make sure that you both review and understand anything before you sign or agree. ...
  2. Don’t neglect your finances. If you’re thinking about divorce, you need to immediately begin to set aside money for the all the expenses involved. ...
  3. Don’t immediately tell everyone you are getting a divorce. ...

More items...

What should you look for in a divorce attorney?

  • Financial negotiations
  • Real estate
  • Trauma from domestic violence
  • Child school and education issues
  • Child Support and custody
  • Alimony (spousal support)

What does it take to become a divorce lawyer?

Becoming a divorce lawyer takes seven years of formal higher education, including a four-year bachelor’s degree and a three-year law degree. Read on to learn more about required education, skills and career statistics. Is becoming a lawyer difficult? 1. The challenging years of law school. The process of becoming a lawyer isn’t for the ...

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What are some interview questions for divorce?

15 Interview Questions to Ask a Divorce LawyerWhat areas of law do you practice? ... What geographical area and courts do you cover? ... What experience do you have with divorce cases? ... How will you help me resolve my divorce case? ... What accreditations do you have? ... Have you ever taught a family law legal seminar?More items...•

What are 3 questions you should ask a lawyer before hiring?

Below are ten questions to ask your potential lawyer.How long have you practiced law? ... What type of cases do you generally handle? ... Who is your typical client? ... How many cases have you represented that were similar to mine?More items...•

What should a woman ask for in a divorce settlement?

You can ask for life insurance, a smaller share of your accumulated debt, more of the family heirlooms or jewelry, or a higher percentage of the retirement funds. Just like women, the men can ask for whatever they feel like they're entitled to within the divorce.

What are good questions to ask lawyers?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•

How do I prepare for an attorney interview?

If you are interviewing virtually, all of these tips apply.Do your research. Lawyers are known for being good researchers. ... Be presentable and dress your best. ... Come prepared to ask questions. ... Be personable and show enthusiasm. ... Be genuine. ... Promptly send a thank-you note.

How do I talk to my lawyer for the first time?

Tips for Talking to an AttorneyAlways be as honest and candid as possible about the facts of your case. ... Ask questions if you don't understand something that your attorney mentions or explains to you.Approach an attorney about your case as soon as you think you may need one.More items...•

Why moving out is the biggest mistake in a divorce?

You Can Damage Your Child Custody Claim One of the most significant ways moving out can influence your divorce is when it comes to child custody. If you move out, it means you don't spend as much time with your kids. Not only can this harm your relationship, but it can also damage your custody claim.

What can wife claim in divorce?

For example, under the Hindu Marriage Act, 1955, both the husband and wife are legally entitled to claim permanent alimony and maintenance. However, if the couple marries under the Special Marriage Act, 1954, only the wife is entitled to claim permanent alimony and maintenance.

What is the usual split in a divorce?

The Court will normally consider a 50/50 split of the matrimonial assets when dealing with a long marriage following the 'yardstick of equality'. With short marriages, capital contributions become more relevant in deciding how assets are divided in a divorce. Age is also an important consideration.

What do you say to a lawyer?

0:251:20What To Say When You Call An Attorney - YouTubeYouTubeStart of suggested clipEnd of suggested clipKnow kind of ballpark. Terms where you're coming from. And then you can elaborate on your specific.MoreKnow kind of ballpark. Terms where you're coming from. And then you can elaborate on your specific. Situation. And when you keep it simple in the beginning it really does make it easier.

How do you answer a lawyer question?

Give positive, definite answers when at all possible. Avoid saying, “I think”, “I believe”, or “In my opinion” if you can answer positively. If you do know, then say so. You can be positive about important things which you would naturally remember.

How do you know if your lawyer is selling you out?

Unprofessional or unethical behavior can include:Arriving late or failing to show up for important meetings, or missing court dates.Making decisions of importance about your case without discussing it with you first.Missing filing deadlines, filing paperwork incorrectly or filing the wrong paperwork with the court.More items...•

Why is it important to ask a divorce attorney about their experience?

First, it will test the divorce attorney's knowledge and experience of the divorce process and divorce law. Second, it will educate you on what specifically the attorney can and will do with you to help mitigate the costs. Do not settle for a generic answer.

What can a divorce attorney do for you?

An experienced and knowledgeable divorce attorney will provide you with the tools to communicate better with your spouse. These tools include how to communicate with your spouse, when to communicate with your spouse and how to diffuse conflict.

What happens if an attorney cannot provide references to former clients?

If an attorney cannot provide you with multiple references to former clients, that attorney may not have much success representing clients. The former clients should also be types of cases similar to yours. I am not referring to you going through a divorce and getting a referral to a prior divorce client.

What happens if an attorney does not have a solid command of the law?

If the attorney does not have a solid command of the law on these issues, he or she may lack the experience you need. This is especially true if you expect your divorce to be contested and high conflict. Questions to ask a divorce attorney on the first visit about the divorce process. 1.

What should an attorney explain to you?

The attorney should explain to you the importance of the attorney - client relationship and the privilege in communications. The attorney should explain to you how and why you should not disclose attorney - client communications to any third parties or your spouse. This is a complex topic.

How often do attorneys communicate?

The more complex the case, the more the communication will likely take place. A typical case has communication between one to four times per month.

Why do you use "likely" in divorce?

I use the word "likely" because there are facts you may not know and which may surprise you during the divorce.

Can a divorce lawyer hide your information?

Hiding any critical information regarding your divorce may hinder the lawyer’s ability to critically assess your situation and offer the appropriate advice. At this point, be honest and open during the consultation. Share all the key details surrounding the divorce even if you do not feel they are relevant. You may have to reveal intimate and personal details regarding your relationship with your spouse but do not worry as this is perfectly normal and appropriate.

Can a divorce lawyer promise 100% success?

If the lawyer is promising you the world and telling you everything you’d like to hear, be cautious. No lawyer can really promise you 100% success in a divorce case as there are too many variables involved including how a judge will decide, the duration of the case proceedings and subsequently the costs involved.

What to do if you can't settle a case out of court?

If you are not able to settle your case out of court, you want an attorney who is experienced and is willing and able to go to trial, if necessary, and who is familiar and comfortable with the local court system.

How long does it take for an attorney to respond to a phone call?

A good attorney will answer emails and phone calls within 24 hours, and may have someone on staff who can respond earlier.

What does a good attorney do?

A good attorney will provide his or her client with copies of everything that is received or sent out. You don’t want an attorney who gets a settlement offer from your spouse’s attorney and forgets to send it to you for your consideration.

What is a good family law attorney?

A good family law attorney often has a team to help him or her, which is great, but it is important for you to know who will be working on your case, who will be communicating with you, who will be in charge, and how you will be billed for that work. 4.

What is the goal of hiring an attorney?

For many women, the ‘goal’ of hiring an attorney may simply be “get me outta this marriage!” But honing in on what you want your life to look like after the divorce dust has settled can be a useful tool for identifying how you want to work through the process of ending your marriage.

Is it a good idea to talk to a lawyer about divorce?

If you’ve made up your mind and there’s no alternative but divorce, talking to at least a few lawyers is always a good idea. The first consultation is usually always free, so you’ve got nothing to lose. But, you can gain a lot of information during attorney interviews if you head into the conversation armed with the right questions.

Can you represent yourself in divorce?

Most states allow individuals to represent themselves in the divorce process. And, it’s more common than you think: 80 percent of divorces involve at least one party representing themselves. Lots of people go this route – which means you can, too.

What to do if you haven't settled your divorce?

If you haven’t settled this with your partner, then ask your lawyer before hiring them about your chances of getting the custody of your child (ren). Understand the factors considered by state judges when deciding which parent should get the custody. Sometimes custody battles can extend the divorce proceedings.

What to expect if you have gone through a divorce?

Unless you’ve gone through a divorce before, chances are you are unaware of what lies ahead and what to expect. Divorce proceedings vary from state-to-state, and the duration of your case will depend on your situation and how cooperative you and you ex-spouse are.

What to do if you don't want to go to trial?

If you don’t want to go to trial, ask your lawyer about an alternative dispute resolution process – such as arbitration or mediation. If you and your spouse are good candidates for alternative dispute resolution, then you just might be able to reduce the financial and emotional cost of divorce. 9.

Why is it important to ask someone about their experience in family law?

This is especially important if you believe your divorce is going to be difficult or contested.

Can a lawyer who doesn't practice family law lose your case?

Plus, the latter have more experience in and out of the courtroom when handling family law matters. However, that doesn’t mean that a lawyer who doesn’t practice family/divorce law will lose your case.

Can a custody battle extend a divorce?

Sometimes custody battles can extend the divorce proceedings . You may have to concede some matters so you can wrap up the case quickly. Ask your lawyer when it’s in your favor to settle and where you might benefit from challenging the issue.

What does a divorce mediator do?

As a divorce mediator, she provides clients with strategies and resources that enable them to power through a time of adversity. Divorce is a huge step, and how it's handled can have lasting impacts on the rest of your life. No matter which side you're on, it's wise to seek experienced legal representation.

What happens if your primary lawyer isn't the only attorney working on your case?

If your primary lawyer isn't the only attorney working on your case, you may also be paying for other associates' time. While this is quite common, knowing what you're paying for may ease your mind a bit. 20 of 26.

What to do if you are financially dependent on your ex?

If you are financially dependent on your soon-to-be-ex, you may want to consider finding a lawyer who will petition the court for your spouse to pay for their services. This essentially means you have a fair trial or collaborative divorce. 25 of 26.

What is collaborative divorce?

A collaborative divorce could end with you and your ex on good enough terms to be friendly with one another. While keeping your divorce out of the courts may sound ideal, you may need to take it to trial.

Is divorce a big step?

Divorce is a huge step, and how it's handled can have lasting impacts on the rest of your life. No matter which side you're on, it's wise to seek experienced legal representation. If you've never been divorced before, the process may feel scary and uncomfortable, so before hiring a divorce attorney, you should do your research to ensure you're ...

Do lawyers charge by the hour?

Like tutors and therapists, most lawyers charge by the hour, so make sure you know what you're getting into financially before signing anything. You may be able to comfortably pay for the retainer fee, but not the hourly rate, so make sure you ask for a total cost breakdown. 19 of 26.

How to prepare for alimony?

Alimony is a numbers game. Sometimes the best way to prepare and present the back alimony case is to play the numbers game using experts. For example, forensic accounting experts and vocational rehabilitative experts can help support or defend an alimony claim.

What is a good deal in a case?

Even if your case does not step foot in a courtroom, it’s good to have an understanding of how the law works to get a basic idea of what is a good deal in your case. Of course, a good deal also accounts for subjective things like your particular needs or your spouse’s particular needs.

What is the greatest tragedy in divorce cases?

The greatest tragedy in divorce cases is when a custody battle spirals out of control for months or even years. The attorneys have a lot of say in controlling or mitigating some of the emotional responses in these cases and keeping things under control.

How to know if you're getting a reasonable deal?

This requires a lot of trust, so the best thing you can do is check the attorney out thoroughly at the beginning of the process, so you understand how you guys will work together.

Is divorce easy?

Divorce is not easy , and the vast majority of the people that we consult with are not emotionally ready to pull the trigger. Often a driving force is that there are assets, other financial obligations, or even relationships with children that need to be protected, and the jurisdiction of the court needs to be invoked.

Can an attorney handle a high conflict case?

It’s just the stark reality of life that no attorney can handle a caseload that is 100% high-conflict. High-conflict cases tend to take up a disproportionate amount of time, energy, and emotional resources.

Is collaborative training good for a lawyer?

Similar to the question above, it can be helpful to have an attorney who has collaborative training under their belt, even if your case is not a collaborative one. Collaborative training is built on principled negotiation or the concept of not digging a line in the sand or taking a position that can’t be moved.

How to Interview a Divorce Lawyer

What exactly do you need to know before you hire a lawyer? Here are some questions to ask before you write a retainer check or sign on the dotted line.

You're Hired!

After you have decided whom you want to represent you, a reputable lawyer will send you his or her written agreement concerning fees and will give you time to ask questions about the agreement before you sign it. If a lawyer asks you to sign an agreement in his or her office without giving you the chance to think it over, look for another lawyer.

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How to Interview A Divorce Lawyer: The Right Questions to Ask

Get Recommendations

Do Your Investigation

Prepare Yourself For The Interview

Be Open

Consider The Fees

  • During the consultation, find out what fees you will be expected to pay for their service. Is there a fixed price or hourly price for representation? Is there a minimum charge if they bill you hourly? These are some of the questions you should ask regarding what you’ll be expected to pay. You should also find out about a breakdown of what exactly y...
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