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Divorce@JCL.

Hiring the Best Family Law Attorney FOR YOU

9/9/2019

63 Comments

 
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You want to find the best attorney. You talk to friends. To colleagues. They pass you some names of promising candidates. You Google: ‘best family law attorney arizona’, ‘best divorce lawyer arizona’, ‘best child custody lawyer phoenix’. You search ratings on AVVO, Lawyers.com, and Legalmatch.com. You comb websites. It’s JUST. TOO. MUCH. How can you really find the best lawyer? The truth is, there is no ‘best lawyer’; there is only the best lawyer for you and your situation. Attending to three things can help you achieve this: introspection, interviewing questions, and interview reflection.

PART 1: INTROSPECTION
First, here are two things you need to determine before interviewing any attorneys. These are things only you know - no attorney has this information. Although your expectations may change over time and across situations, YOU will be the one determining the course of your case:
  1. Figure out what you really want.
    Do you want to go for the jugular by any means necessary? Or are you hoping for an amicable settlement? You need to know what your end-game is...and how you are willing (and not willing) to get there.
  2. Anticipate what’s coming at you.
    What you want is only half of your story. What does the opposing party want? What are they willing (and not willing) to do to achieve that? How does this mesh with your desires?
    ​

PART 2: INTERVIEWING
Once you can answer those two questions, you need to interview potential attorneys who have the skill set and temperament to reach your goals within your parameters. Remember, YOU are interviewing THEM...not the other way around! You need to come to each interview prepared with questions, and you need to take notes. Here are 6 questions that I would always ask:
  1. Tell me about your specific experience with ____________ (divorce, custody, etc.)
    I’m going to shock you right now. Any attorney is able to practice any area of law. Unlike doctors, teachers, financial advisors, and most professionals who have strict constraints regarding their breadth of work, there are no certifications or endorsements that confine practice areas. Scary, right?

    The only way to know what qualifications an attorney has with your area of need is to ask them. Ask how many cases they have had in your specific area. Ask how many years they’ve been practicing in your area of need. Whatever your situation is, be able to ask about it. A straightforward divorce is different from one that involves custody issues,  pensions, restricted stock, estate planning, minority business holdings, etc.

  2. Tell me what areas you practice.
    Like I said above, any lawyer can practice any area of law. Someone who practices in only one area has the time and focus to be highly-specialized; whereas someone who dabbles in five may be spread too thin in the expertise department. Too many areas can also be a sign that the attorney you are interviewing is struggling to build a practice - definitely a concern.

  3. What is your record with settlements and litigation?
    This goes back to the first two items in this post. If you desire a collaborative divorce, you definitely want someone strong in settlements; if you’re working a strong offense, you need a skilled litigator. Whatever your current beliefs, it’s good to find a well-rounded attorney who can do both. The winds of family law can change quickly, and it can be critical to have representation who can skillfully adapt to the demands of the day. Remember your intent is only half the equation your ex-partner may not be willing to settle or at least settle for anything you believe is reasonable. 

  4. If you’re my attorney, whom will I be working with daily on my case...and can I meet them?
    Although your attorney represents you, they may not be the only professional helping on your case. In reality, you may interface with them the least! Most attorneys have a paralegal who helps prepare documentation for court. Many have associate lawyers who assist with your case. There may also be office managers and practice professionals you work with. Don’t feel bait-and-switched - this is how the industry works! That said, it’s critical to meet the team and know that you feel comfortable with everyone who will be helping you.

  5. What is the standard for communication here?
    For day-to-day communications, how quickly can you expect a response? Will it be by phone? Email? Text? If there is an emergency, how can you get an expedited communication?  

  6. Describe the fee structure for my case...and give me a ballpark cost?
    The vast majority of lawyers require retainers for their work. This is a lump sum of money you pay that they bill against as they complete work for you. No lawyer can predict the future of your case...but they should be able to give you a ballpark number based on the facts provided. This is important! You want to make sure that the cost of your case plan is something you can realistically afford, or you run the risk of not finishing your case properly. The last thing you or your attorney wants is to not be able to exercise your full case plan because of financial constraints.

PART 3: INTERVIEW REFLECTION
Funny...when I read through these items, they sound so much like the mental gymnastics we run through when we’re on a first date! As odd as that may seem, it’s entirely true. Mindfulness during the interview is critical. There is a very real gut-check that should happen on your part during these meetings. In the interest of helping you glean some crucial information during your lawyer consults, there are 6 key things to watch for and be mindful of during your interviews:
  1. During a consult, it is poor form for an attorney to be distracted by other cases. This lawyer is trying to convince YOU to be THEIR client. Their behavior and attention will never be better than this moment...which is why engaging in any way with their email or phone is 100% inappropriate. Red flag! Get out! You need a lawyer who has the capacity to focus on your needs and an attention span greater than a middle school student. 
  2. PROMISES. There should be no promises made in a consult...because it is impossible to make and keep them!  Beware promises - they are highly unprofessional and likely nothing more than a guess.
  3. Speaking of professionalism, it is in poor taste for an attorney to negatively characterize a colleague during a consult. What they say may be true, but it’s downright tacky and smacks of desperation. If they cannot sell their expertise without disparaging a colleague..they probably don’t have much to sell in the first place.
  4. How quickly did you get this appointment? If it took too much time, they may not have the time/resources to manage your case successfully. If they got you in shockingly fast, are they not busy...and why not? Snagging a last-minute cancellation can be a blessing, but a wide-open calendar is cause for concern.
  5. How comfortable do you feel with this attorney? In addition to vetting them for their skills, you need someone who’s a good fit with your personality. This is someone you need to be comfortable being 100% candid with...can you do that? Do you like their style? Will you be able to be your best self with them? 
  6. The reviews. How did that horrible restaurant you ate at get 4 Yelp stars? That is the state of reviews. I know many businesses who hire people to post reviews to inflate their ratings! I know movements that post phony, terrible reviews en masse to tank a business. Please do read reviews for potential red flags and accolades, but don’t give them excessive weight. In my experience, getting third-party endorsements from friends, colleagues, and other attorneys is a far more reliable method of checking quality.  

This is a scary time in your life, but hiring the right attorney can make this terrible chapter more bearable. I hope this helps you on your search to find the very best attorney for you. Good luck!!
63 Comments

    Author

    Jason Castle is a family lawyer who specializes in high-conflict cases. He's also a former prosecutor & social worker. Hear his latest divorce thoughts! 

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