Lawyers & Fees
Should You Get a Lawyer?
Should you get a lawyer? Generally, it is not a good idea to represent yourself in a legal proceeding. It is advisable that you seek advice and representation from an attorney. The judge can’t give you advice, and neither can the court. There may be rules or laws which you find hard to understand or follow without a lawyer. Most important: People who appear in court without a lawyer (called “pro se” parties) are held to the same standard as those with a lawyer. From our Western Massachusetts law office, learn more about representing yourself.
There’s no other way to say it: using a lawyer can make a genuine difference in how you feel during the process of separation and divorce. A lawyer who truly listens to you and responds appropriately can greatly reduce your fears, uncertainty and confusion. Most lawyers are going to work to reduce your anxiety during this difficult time. They will help you understand why things have happened the way they have and where things are going.
Many of people put off going to see an attorney. Delaying a visit with a lawyer is usually a major mistake. It is not hard, however, to understand the reasons so many people whose marriages are breaking up procrastinate in consulting with an attorney. One of the most common reasons for not going to see an attorney is denial and a fear of being overwhelmed.
Back to Top
Finding a Lawyer – Step-by-Step
Many people start with a telephone conversation with an attorney. For some, that alone tells you enough about the person to let you know whether you want to move on to the next step and actually schedule a consultation appointment. If you do decide to attend an initial meeting, plan to conduct your own interview of the lawyer to learn whether you feel your needs will be understood and adequately addressed by this particular lawyer.
During the first meeting, here are some signals you should watch for: If the lawyer you meet with does not strike you as a person with whom you can rest your confidence, as a person who will zealously act in your best interests, or as a person who can reach some resolution of your case efficiently and sensitively, move on. If your meeting did not result in a feeling of personal rapport or if you felt the lawyer wasn’t attentive to your questions and concerns, move on. Don’t engage any lawyer who appears to be disorganized, or if you can’t follow most of what the lawyer is telling you. A good attorney will translate the legal proceedings into language that you can understand. Finally, look for a lawyer who specializes in divorce or family law. They will be the most well-versed in the nuances of this area of the law.
Back to Top
FAQ
Maybe you’ve already asked friends to recommend a lawyer or you’ve gone online to find a divorce lawyer or family law attorney to help you with your case. Here’s how to get the most of your time and money with an attorney:
Q: Is it hard to find a good attorney?
A: It will take some work on your part, especially if you want to find an experienced domestic relations lawyer. But it will pay to shop around.
Q: What are some things that I should not do?
A: Don’t use an attorney that is a family friend or business associate of your spouse. Divided loyalties will probably be a problem. Also, don’t necessarily choose the lawyer who has quoted you the lowest price. Now is not the time to be pennywise. Most important: Retain an attorney who spends the majority – if not all – of their time on divorce and family law-related issues.
Q: Is it true that attorneys want a part or all of their fee in advance? Why is this?
A: A retainer ensures that the fee will be paid. In the domestic relations bar, it frequently happens that the person filing for divorce will change their mind and not want to pay for the work that has been done.
Q: What can I do to prepare for my first meeting with the lawyer?
A: Good question! The more time you spend in preparation, the less time you will spend with the attorney. Collect all the financial and family documents that you can and bring them with you to your first meeting.
Q: What if I can’t get some of this information from my spouse?
A: An attorney can subpoena this information, which means obtaining it through legal channels. While this can add to your bill, it is always wise to get the documents in advance.
Q: Any final hints?
A: First, tell your lawyer that you want him or her to tell you the good news and the bad news, and not just what they think you want to hear. Secondly, don’t use the lawyer unless you are comfortable with him or her. Finally, it’s always wise to use your lawyer to bounce ideas off of, but using them as a therapist isn’t always wise beyond the basic issues.
Back to Top
Questions to Ask a Lawyer
You should prepare a list of questions to ask a divorce lawyer before you meet for an initial consultation. Otherwise you will leave the interview unsure if they are a good match for you, or better or worse than other lawyers.
The following list of questions to ask a divorce lawyer will determine if they are a good lawyer, a good match, and a lawyer you can afford.
Some lawyers may charge initial consultation fees (not at The Massachusetts Family Law Group), so gather as much information as possible to make the best use of your meeting. Ask the same set of questions at each interview – it will be easier to compare divorce lawyers on a level playing field.
For more help on the often daunting task of meeting with divorce lawyers, download our hGrayson chart “How to Hire a Domestic Relations Lawyer.”
§ What percentage of your cases are related to divorce or family law?
§ Do you have courtroom experience?
§ Which counties in Massachusetts do you practice in?
§ Which judges have you been before?
§ What additional resources are available in your law firm – if needed?
§ Do you have experts outside of your firm that you work with?
§ What is your usual or preferred strategy or philosophy for handling divorce?
§ Do you have time for my case, or a heavy caseload at this time?
§ How long do you think my case will take?
§ Will I be able to contact you directly? How will I be able to contact you?
§ Is a retainer payable and if so, how much?
§ What are your fees per hour?
§ What other services will I need from your firm – QDRO? New will?
§ What office expenses will I be charged for (faxes, photocopying, etc.)
§ How do you feel your firm is a better value to clients than others?
You can find even more questions to ask lawyers on our Southern Mass./Cape Cod website.
Back to Top
Trust Your First Impression
First impressions are often lasting impressions. If you are uncomfortable with a lawyer’s
practice philosophy or style during a phone conversation or consultation session, it is not likely you will grow to like the lawyer a great deal more as time goes on. In one sense, picking a lawyer is a matter of personal taste. You must choose someone you feel comfortable sharing highly personal information with. Given the huge emotional and financial issues you may be dealing with, a good personal connection will help make the process a little more bearable.
Back to Top
What the Lawyer is Looking For During the Interview
During the interview, while you’re evaluating the lawyer, he or she is evaluating you. Lawyers can – and do – turn down cases, and the lawyer will be deciding if he or she wants you as a client.
An ideal client is someone who is calm, businesslike, organized, and rational and who treats their divorce like a business. What lawyers don’t want are clients who:
- Are pursuing a case without merit
- Are motivated by revenge
- Complain about the legal system
- Have fired previous lawyers
- Won’t pay for what they need
If you fit the above – you may have trouble finding a good lawyer to take your case.
Back to Top
Changing Attorneys
If you have doubts about your attorney, don’t mess around. Get a second opinion right away from another attorney on your list. Present what has happened to date and state your concerns. What you need is another professional viewpoint. You will, however, have to be the ultimate decision-maker.
Before you change attorneys, discuss your frustrations with the attorney you originally hired. You had a lot of information to work with when you hired your attorney and presumably you did for some very sound reasons.
If you restate those reasons and present the difficulties you are having, your attorney may see what needs to be done to get the client-attorney relationship back on track. After all, a change of attorneys means loss of time and money to you both and the challenges may not be insurmountable.
Do not represent yourself if your divorce has already been filed. When you decide to retain another attorney, be sure that you have copies of all correspondence and documents.
Once you have set-up a new fee agreement and are satisfied that the second attorney can meet your needs, you can let go of your first attorney. You need say no more than you “want to take another direction with your case.”
Even though your original attorney has the ethical obligation to cooperation during the transition, you will be paying for time and expenses already incurred on your behalf and the time it takes to transfer the files to the new attorney.
No matter where you live in Massachusetts, contact the divorce lawyers and family law attorneys from The Massachusetts Family Law Group. We represent every sort of divorce matter you could ever imagine at our offices in Norwood, Andover, Plymouth and on Cape Cod.
From here, you may want to view the chronology of a divorce action in the Massachusetts Probate and Family Court.
We accept all major credit cards and offer a 30-minute no-obligation initial consultation. Contact us to schedule an appointment, or call (800) 910-DIVORCE.
|
The information on this Boston Divorce Lawyer / Massachusetts Family Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.