1. Have an Clear Written Fee AgreementMost experienced and effective divorce attorneys charge by
hour and require an advance retainer (or deposit) that is paid at
beginning of
case. Fees and expenses will be charged against
retainer until it is exhausted, at which point
client will be responsible for any additional sums incurred.
Clients will sometimes seek an attorney who will represent them on a flat fee basis, thinking that this will save them money. The problem with this arrangement is that
attorney has no incentive to do anything beyond
bare minimum. The client often feels like his case is being ignored,
attorney often feels like
client is intentionally trying to take up as much of his time as possible, and they may both be right.
Whether you hire a lawyer on an hourly or flat fee basis, it is extremely important that you get a written fee agreement that makes clear
terms of
representation, including whether any retainer is refundable, how often you will receive statements,
attorney’s hourly rates, etc. You should get and keep a copy of this fee agreement.
2. Don’t Mistake Your Divorce Lawyer for Your Therapist
Divorces are extremely emotional. Because your divorce attorney is (or at least should be) firmly in your corner, talking to him can be a very reassuring experience. This person understands your side of
situation and it feels good to talk to someone who sees
righteousness of your position. Because it makes you feel better you get into
habit of calling often, almost daily.
Unless you have more money than you know what to do with you should avoid falling into this trap.
Remember that every time you call your lawyer
clock is ticking and you are getting billed by
hour. Think of it as a very expensive cab ride. As soon as you get in
cab,
meter starts running. It works
same with a lawyer, as soon as you are on
phone with him
meter is running and you are getting charged.
This does not mean you should never communicate with your lawyer. On
contrary, you should communicate with your attorney anytime you need legal advice on your case. But before you pick up
phone make a list of questions or issues you want to discuss and limit your conversation to these points without wasting time ranting about
unfairness of
situation.