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The most important criteria for selecting a matrimonial lawyer are knowledge of and experience in family law. An experienced matrimonial lawyer will be familiar with the law, its trends and the legal system. When a problem or crisis arises in your case, the seasoned lawyer is less likely to be caught off guard and more likely to be prepared to handle it.
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As a client, you deserve to be treated with dignity and respect. In this area, your "gut feeling" about the lawyer can be your best guide. Do you feel comfortable talking to the lawyer? Do you feel that the lawyer is condescending to you? Be wary of lawyers who are abrupt and inattentive. Keep in mind that you will spend many hours with your lawyer during the course of your case. The process of a divorce is often time consuming and emotionally draining. If you are uncomfortable with your lawyer, it may be a constant source of additional stress to you.
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Does the lawyer want to WIN for you? This may be difficult to determine during an initial interview. However, there is a greater likelihood that the lawyer will be committed to your case if he or she is interested in and excited about your case at the onset and is not distracted or preoccupied. A lawyer's interest in your case may be revealed by a lively and energetic search for facts and detail.
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A matrimonial attorney often needs the assistance of other attorneys and paralegals. This is particularly true in a complex case where a team of specialized professionals may be very effective and cost-efficient. Your lawyer can delegate certain tasks, such as legal research, to junior associates or paralegals with lower billing rates. By doing this, your lawyer will spend less of his or her more expensive time doing work that the support staff easily can handle.
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A lawyer should have a reputation for being trustworthy, credible, well prepared and reasonable. Obviously, any questions you ask lawyers about their firms or their own reputations will generate self-serving responses. To obtain objective information, ask other lawyers, accountants or former clients of the firm. Your lawyer can provide you with references from former clients who have consented to the release of their names.
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Often divorce cases require knowledge of other fields of law, such as real estate, bankruptcy, personal injury, criminal, commercial, estates, trusts and tax law. You should learn whether the law firm has other departments that are available for consultation when needed. Also, a matrimonial lawyer must rely on outside experts to render opinions related to custody matters and appraise assets such as businesses, real estate, pensions and personal property. Find out whether the lawyer has prominent and credible experts accessible to him or her for these services.
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Make sure you choose an attorney who is willing and able to adapt to your changing needs. Though you may want a lawyer who is sensitive and compassionate toward you, keep in mind that these qualities alone are insufficient. There are also times when your attorney must be assertive and tenacious, especially when dealing with your spouse, your spouse's attorney, and the Court. A lawyer who exudes strength and confidence during your initial interview is more likely to be able to be aggressive when the need arises.
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Every case requires a plan of action consistent with goals that the lawyer and client mutually agree upon. Unless your lawyer develops a strategy and remains focused on your goals, your case may become prolonged and costly. During the interview, ask the lawyer what result could be reasonably obtained and what strategies could be implemented to achieve your goals. The lawyer's response to this question will give you insight into his or her analytical skills and ability to develop a blueprint.
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If your case is complex and contested, you may need to consult regularly with your attorney. If you consider selecting an attorney whose office is located a substantial distance from your home or office, you must weigh the additional burden against other factors.
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The Rules of Court mandate that an attorney and client have a written fee agreement. The agreement normally provides for a retainer (an initial lump sum payment that will be applied toward future bills) and an hourly rate charged by the attorney. The difference in hourly rates and retainers among experienced divorce lawyers is relatively insignificant. It is most important that you feel confident that the lawyer is trustworthy because you cannot independently verify all the time spent on each task.
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