As part of our never-ending mission to simplify the legal process and improve the attorney – client relationship, we regularly review search engine data to help us learn which issues are most important and how we can help. Recently we noticed several variations of the same basic inquiry, how to choose the best divorce lawyer. This, of course, is understandable because it is an important choice that will have a profound impact on the outcome of your divorce and the condition of your bank account once the divorce is finally resolved.
If you’re considering divorce, here are some of the most important factors to consider when selecting the right lawyer to help you.
Define your priorities and goals
No two divorces are the same. Some divorces are highly contentious, others are extremely amicable. Some are very simple, others involve complex legal issues.
This means that even if you believe your situation is very similar to a previously-divorced friend’s situation, your case is probably more unique than you think. So while your friend is certainly a valuable source of information, you should not expect your case to proceed exactly the same way theirs did.
A good way to start preparing for divorce is to outline your priorities and legal objectives. What is most important to you? What do you hope to achieve in your divorce? The answer to these questions are deeply personal and they can help inform your choice who to hire.
For example, if your biggest priority is quick and (relatively) pain-free divorce, you will want to hire a lawyer whose approach can facilitate that rather than escalate conflict. Conversely, if you anticipate a very contentious divorce with an aggressive or hostile spouse, you want a lawyer who can shield you from that hostility and protect you from an uncooperative spouse.
The specific issues in your case might also affect compatibility. If your case involves an interest in separate property, for example, you want to be sure that your lawyer fully understands this area of the law and knows how to calculate a community lien.
Focus on family law experience
Divorce can be complex and the laws vary greatly from state to state. You want a lawyer who focuses primarily on family law, not someone who handles divorce occasionally alongside unrelated legal work.
An experienced divorce lawyer will:
- Thoroughly answer your questions about property division, child custody, and spousal maintenance (be wary of general or evasive answers, it usually means the lawyer doesn’t know the answer)
- Possess a detailed understanding of the law and procedure
- Be familiar with judges and their particular temperaments
- Be able to anticipate problems before they arise
- Offer specific strategies based on real experience to help you
It is particularly important to make sure that your divorce lawyer has specific experience with the issues anticipated in your case. The right attorney for you will have experience handling cases similar to yours and should make you feel at ease.
Research the lawyer and the law firm
Before you schedule a consultation, research your options. Start with the state bar website to determine if the lawyer has any history of professional discipline. You can use public records searches to see if the lawyer or the law firm have been sued for malpractice or have any other judgments against them.
You also should read client reviews, peer endorsements, and visit third-party rating systems like Avvo. Pay careful attention to reviews that include specific information regarding qualities most important to you: results, attorney responsiveness, fees, billing practices, and professionalism. Be aware that many law firms pay for fake client reviews so if the firm has hundreds (or more) of reviews, approach that with healthy skepticism. Those may be inauthentic and purchased solely to dilute a number of negative reviews the lawyer or firm have received.
Schedule an initial consultation
Initial consultation policies vary by law firm. Some divorce lawyers require you to schedule a consultation several days or even weeks in advance. Some firms also charge you an expensive fee for the initial consultation. Some impose impractical time limits on the duration of the consultation. Some law firms even have dedicated salespeople (non-lawyers) conduct their consultations. All of these should be red flags.
A lawyer who is too busy for you now will be too busy for you when you hire. This means if they cannot consult with you within a day or two, that is a preview of the responsiveness (or lack thereof) that you should expect during your case. Do you really want to wait days for your lawyer to respond to your emails and return your telephone calls?
Law firms that charge fees for their initial consultations typically do so because their conversion rates are very low or because they know that the “sunk cost” will pressure you to retain their services. Because once you have invested $300-500 just to talk with lawyer, you can feel like you need to continue with that law firm or you will “lose” the value of that initial payment.
The time limit is another artificial sales tool. There are law firms that advertise “free 15 minute consultations.” Unless your case is so simple that you should not even hire a lawyer, 15 minutes is probably not enough time to get even basic answers to your questions. Lawyers know this and this is a way to still advertise “free” consultations without delivering any actual value to prospective clients.
The first question you should ask during the initial consultation is whether you are speaking with a licensed attorney or licensed legal paraprofessional. If the answer is no, you should thank them for their time and call another law firm. Salespeople and intake specialists are not qualified to give you the information you need, their jobs are simply to convince you to hire their lawyers even if they are not right for you.
Our initial consultations are always free and we try to schedule consultations the same day. We do not impose any strict time limits—our goal is to answer all of your questions and provide the information you need to make the best decisions in your divorce. Most consultations last between 30 and 60 minutes, depending on the number of questions you have and the complexity of your issues. You will always consult with a licensed and experienced divorce lawyer. We do not employ any salespeople or intake specialists.
Ask a lot of questions
Once you have scheduled your consultation, the next step is to prepare a list of questions to ask. Though this is a perfect time to ask questions about Arizona divorce law, you also want to ask the attorney questions about his or her professional background, accomplishments, experience, and strengths and weaknesses. You could ask the attorney to describe a particularly challenging case.
Ask how many cases similar to yours that he or she has handled, but keep in mind that past results do not predict future success. Do not be afraid to challenge a divorce lawyer’s expertise. Ask for specific statutes or other authority that could decide your case. If the attorney does not know or hesitates, it may not be a good fit. You want expertise. You should not have to pay for an attorney to become competent.
You should also ask questions about the lawyer’s strategy and approach. How would the lawyer approach particular issues in your case? What would be their first step?
Communication really matters. Divorce is extremely stressful and unclear or untimely communication from your lawyer can make it so much worse. During the consultation, pay attention to how your lawyer communicates.
During the consultation, ask yourself:
- Do they listen carefully to my concerns?
- Do they explain legal concepts in a way that I can understand?
- Do I feel respected and heard?
- Is the lawyer honest with me or telling me what they think I want to hear?
The last one might be the most important. You need a lawyer who will be transparent with you even when the information is unfavorable to you. The best divorce lawyers will not be afraid to deliver uncomfortable truths during a consultation. Someone who is is likely more concerned with earning your business than providing the service you actually need.
Request a writing sample
Your divorce lawyer’s writing ability is an oft-neglected aspect of representation. Many of the important issues in your divorce may be decided primarily based on the quality of your attorney’s written arguments. Unfortunately, not every divorce lawyer possesses quality writing skills or the attention to detail that your divorce deserves.
Ask for a recent writing sample; preferably a persuasive filing to help you evaluate the attorney’s ability to convincingly present his or her client’s facts. If possible, ask for a writing sample from a case with similar facts or similar issues to yours. Because if you are not impressed with the quality of your divorce attorney’s argument, the judge probably won’t be impressed.
If you do not know what to look for, look for general professionalism (lack of typos), coherence, clarity, and citations to relevant authority like statutes and case law. This signals knowledge and expertise.
Discuss fees and billing policies
Next, you should ask the attorney how much your divorce is expected to cost. Most divorce attorneys will squirm and offer endless excuses to avoid answering this question. Most commonly, you will receive a rehearsed answer like,“divorces have so many variables, it is impossible to predict the cost.”
This is simply not true and offered only so that the firm’s (probably) outrageous fees do not discourage potential clients before the contract is signed. Experienced attorneys should be able to reasonably anticipate the work required to complete a particular case and firmly quote the expected cost.
You should also request a copy of the law firm’s fee agreement. Ask questions about its billing policies, e.g. Are there minimum billing amounts for certain tasks? Are the fees variable and subject to change? Does the law firm charge more for work performed outside of business hours? (This is a real thing at other law firms). How much does the firm charge for its staff or administrative time? What about incidental expenses? Photocopies? Postage? Depositions? Does the lawyer anticipate retention of any expert witnesses? What are their fees? Are there any payment plans? What is the advanced fee? Is there a retainer? Does the lawyer charge you extra to process payment by credit/debit card? What are the refund policies?
If a lawyer cannot confidently and openly discuss their billing policies, there is probably a reason for that. The unfortunate reality is that many family law firms require initial deposits of $7,500 - $10,000 that they will "earn" very quickly and expect you to be able to replenish that amount every month or even every two weeks. If you cannot keep up with these payments, the lawyer will withdraw from your case leaving you alone to represent yourself or forcing you to find another lawyer with whom you might have to effectively start over.
Interview at least two law firms
Our firm encourages everyone to take advantage of multiple free consultations with different divorce attorneys. This helps you compare the attorneys directly and may create a useful baseline by which you can more objectively measure quality and aptitude. It also will help you identify different communication styles and policies that will be really important throughout your case. You do not want to hire an attorney who takes several days to return your messages.
Trust your instincts and hire the best divorce lawyer
Beyond credentials, experience, and fees, trust really matters. The person you hire will be by your side during a difficult process that sometimes can take several months or longer. You will be sharing deeply personal information and trusting this person help you make extremely important decisions for you and your family.
Select the best lawyer based on all of the information you obtain. Do not simply hire the cheapest attorney unless they are independently excellent. Financial savings are important but not at the greater expense to the outcome of your divorce. Fortunately, you don’t have to compromise quality to save thousands of dollars. Contact us to schedule a free divorce consultation and we’ll prove it.
Conclusion
Divorce is never “easy” even when it is amicable and relatively simple. Having the right lawyer can make the process faster, clearer, and less stressful. Choosing a divorce lawyer is an enormous important decision that will impact your future. We hope this information can provide a useful roadmap to help you make the right choice.
