| As a practicing divorce attorney, I see many people | | | | to get your divorce, the more money she makes. |
| totally blow one of the most fateful decisions they will | | | | What to do instead: Seek out a lawyer who will |
| make in their divorce case: which lawyer to hire. To | | | | represent you on a fixed fee (a.k.a. a flat fee) instead |
| help you avoid these mistakes, we will look at 3 of the | | | | of billing you by the hour. Fixed fees are becoming |
| costliest mistakes you can make, and what to do | | | | more common, so you ought to be able to find a good |
| instead. | | | | lawyer who is willing to throw away the time sheet |
| Mistake #1: Hiring a generalist. This is easy to do. Many | | | | and set the fee upfront. Whatever the fee |
| people do not know a divorce lawyer (that is usually a | | | | arrangement is, make sure you know and understand |
| good thing). So, when they do need to hire one, they | | | | it before you write a check to the lawyer. |
| go to the lawyer that did their will or the lawyer that | | | | Mistake #3: Hiring a lawyer to represent you solely |
| helped them with a real estate deal. This may be ok if | | | | because they have a reputation of being the meanest |
| that lawyer also has a substantial divorce practice, but | | | | lawyer in town. This is probably the biggest mistake I |
| it is not acceptable if they are what is called a | | | | see folks make. They get scared. They get nervous. |
| threshold lawyer (i.e. they take whatever case walks | | | | They want revenge. They get bad advice from |
| through the threshold of their office). | | | | someone. Whatever the reason, this type of lawyer |
| If you needed back surgery, would you go to a | | | | can cost you thousands or tens of thousands of |
| general practitioner? Similarly, there are many lawyers | | | | dollars in unnecessary legal fees and make sure you |
| who are general practitioners that will handle a divorce | | | | have the Divorce from Hell. |
| case. In addition, they take business matters, | | | | There is a difference between being an assertive and |
| bankruptcies, criminal cases, etc. That is not the type | | | | being aggressive. Many of these types of hired guns |
| of lawyer you want handling your divorce case. | | | | are aggressive only for the sake of appearances |
| What to do instead: Hire a specialist! Ask the | | | | without regard to whether it is in the long-term best |
| prospective divorce attorney whether they specialize | | | | interests of their own client. |
| in family law. Ask them what percentage of their | | | | What to do instead: Find a lawyer who is assertive |
| practice is divorce and family law matters. If it is not at | | | | when he needs to be, compromising when it benefits |
| least 70 percent to 80 percent of their practice, go | | | | your long-term best interests, and always aware of |
| elsewhere. | | | | the many different consequences his actions have on |
| Mistake #2: Hiring a lawyer that bills you by the hour. | | | | you and your family. Divorce attorneys like this |
| Divorce attorneys normally set fees in one of two | | | | recognize that reaching a fair settlement is always |
| ways: they either charge a fixed fee or they charge a | | | | better for you than trying the case and leaving it up to |
| retainer against which they bill an hourly fee. One of | | | | the judge. Yet, he also knows that if a fair settlement |
| the problems with hourly billing is that the lawyer | | | | is not forthcoming, then he must be willing and able to |
| cannot tell you upfront what the total fee will be. Many | | | | prepare to effectively litigate the case in court. |
| clients in that situation feel like the lawyer is asking | | | | That is the type of lawyer you need to find. Ask the |
| them to write a blank check because they cannot tell | | | | prospective lawyer about his approach to divorce |
| you the total fee upfront. Do you really want a meter | | | | cases and what efforts he will make to try to settle or |
| running every time you need to talk to your divorce | | | | mediate your case. His answers will help you |
| attorney? Another problem with hourly billing is that it | | | | determine whether he will have your interests at heart |
| rewards inefficiencies. The longer it takes the lawyer | | | | or not. |