Finding a divorce Lawyer

Most people find a divorce lawyer through a personal referral from friends, family members, or colleagues at work. Most lawyers focus their practice on a few areas of the law.

This is important to remember when evaluating references - just because a divorce lawyer did a good job for your friend who bought a house doesn't mean he or she will be competent to handle something entirely different like a divorce. Keep in mind that your primary goal is to find a capable person to help you address your divorce legal issue.

• Legal Plans - Check to see if your employer offers a legal plan as a benefit. These plans typically charge a monthly premium and provide basic advice and consultation, usually over the phone. The legal plan should have a panel of participating law firms that have been prescreened. Some plans offer more extensive services such as short office consultations, the preparation of simple wills and the review of basic legal documents.

Corporate or Personal Attorney?

Most law firms serve either corporate clients or individuals and families. If your business needs help, go to a corporate law firm. Understand, however, that corporate law firms are usually larger and often more expensive. For personal legal problems, look for a lawyer or law firm that handles personal legal matters.

Many divorce lawyers who serve primarily individuals and families are general practitioners and have experience in handling many of the most frequently needed legal services: divorce and family matters; wills and probate; bankruptcy and debt problems; real estate; criminal; and/or personal injury. Some have a narrower focus. Be sure your lawyer has experience in the area for which you are seeking help.

Narrowing the Field

Once you've identified some candidates, call each attorney on the telephone, describe your legal issue and find out if the attorney handles your situation. Ask whether the attorney will charge you for an initial consultation. Also, ask what the attorney usually charges to handle your kind of case.

The initial consultation is an opportunity for you and the lawyer to get to know each other. After listening to the description of your case, the lawyer should be able to outline your rights and liabilities as well as alternative courses of action. The initial consultation is the lawyer's opportunity to explain what he or she can do for you and how much it will cost You should not hesitate to ask about the attorney's experience in handling matters such as yours. Also, do not hesitate to ask about the lawyer's fees and the likely results. If you are considering going beyond the initial consultation and hiring the lawyer, request a written fee agreement before proceeding.

How Much Will It Cost?

Fees. Attorney's fees are usually determined by the difficulty of your case, the lawyer's experience and reputation, and/or the result obtained. It's expensive to hire a lawyer. According to a 2003 survey of law firms, the median hourly billing rate for law firm partners is $250 an hour and $170 for associates. Rates vary by geographic region, with the highest hourly rates for partners and associates reported in the Middle Atlantic region.

There are three common types of divorce lawyer fee arrangements.

• Hourly Fees - DIVORCE Lawyers often charge an hourly rate for the time they spend on a case. For example, a lawyer may charge $170 per hour. If your matter takes only one hour, your attorney's fees would be $170. If your matter takes 10 hours, your fees would be $1,700. The disadvantage is that you do not know until the end how much it will cost. When charging by the hour, some lawyers require a "retainer," which is a deposit paid by you in advance - hourly fees and costs (discussed below) are then charged against this deposit. If your lawyer requires a retainer, it should be made clear whether any unused portion is refunded to you at the end of the case.

• Fixed Fees - Some lawyers will charge a flat fee set in advance. This is particularly common for simple, easy-to-define matters such as wills.
• Contingent Fees - These fees depend on the outcome of your case. They are commonly used in personal injury matters. For example, if you are not successful in recovering any money, then no attorney's fees are paid. If a recovery is made, then the attorney's fees are based on a percentage of the recovery. This contingency arrangement applies only to the attorney's fees and not to costs. The client must pay the costs, regardless of the result. Attorneys sometimes require an advance deposit to be used for the payment of costs.

Costs. Payments made to third parties - or "costs" - are always an additional expense the client must bear. Some common examples of costs include court costs for filing fees and serving papers, costs paid to reporters for depositions and costs paid to investigators. Oftentimes you will pay these expenses through your lawyer.

Sometimes lawyers consider certain overhead expenses to be costs. They will charge separately for such items as photocopying, long distance telephone calls and computer research. Before work begins on your case, you should have a clear understanding as to whether such expenses are included in the lawyer's fee or are billed separately. All of these matters can be made clear in a written fee agreement between you and your attorney.

Making Your Selection

After your initial consultation with each prospective lawyer, ask yourself these questions:

• Did the lawyer listen to me?
• Was I treated with concern?
• Was the lawyer knowledgeable?
• Did the lawyer give me a good understanding of my alternative courses of action?
• Do I understand the range of possible results associated with each course of action?
• Am I clear about the lawyer's fees?