Questions To Ask Your California Divorce Attorney During Consultation
What Questions to ask a divorce lawyer in California
The process of hiring an attorney in San Diego, California can become one that is overwhelming, and oftentimes, a bit confusing. Add in a situation as emotional as divorce, and it’s no wonder that people can feel confused, overwhelmed, and afraid. Most people never need to hire an attorney throughout their lives, so these feelings are completely normal. We get asked all the time, “What questions do people ask their divorce lawyer?”. Don’t worry if you have this same question!
Being prepared and understanding the right questions to ask is your first step to feeling calm and secure when looking for a San Diego divorce attorney. In order to ensure that you are getting the most highly qualified lawyer for your divorce, there are many questions that you should be asking before you hire one.
6 questions to ask a divorce lawyer during your consultation
1. What kinds of family law cases do you specialize in?
Not all divorces are created equal, and the same goes for the divorce lawyers who handle them. Some attorneys only handle mediation, others feel more comfortable in courtroom environments. If your case is going to be a contested one, ask if the attorney has significant family law courtroom experience? How long has the attorney been practicing family law? How many family law cases has he or she handled? Is the attorney a "Certified Family Law Specialist?” If you will be facing a contested divorce or child custody issues, it’s important to research an attorney who specializes in Family Law. (James R. Vercollone is certified by the State Bar of California as a Legal Specialist in Family Law.) Start the process by thoroughly understanding the types of cases and scenarios the attorney excels in before making your decision to hire him or her.
2. How do you charge me? What is the upfront cost?
Cost is obviously one of the most important factors to consider in any legal matter. It is important to understand that cheaper is not always better. You often get what you pay for in legal representation. Family law is an ever-changing and evolving set of laws. Experienced attorneys in family law, such as certified family law specialists, invest substantial time and expense in staying up-to-date on the changes in family law. You can expect these experienced attorneys, such as a Certified Family Law Specialist, to have a higher hourly rate than those who do not specialize in family law. Important questions to bring to the table: What is your hourly rate? Will I pay you for working with your secretaries or other paralegals? What do I owe upfront? Will there be other costs or fees independent of attorney fees? These fees may include, filing fees, retainer fees, so be sure to ask for a fee structure. Are there form fees? Can I save money by filling out my own forms?Attorneys cannot guarantee a certain cost, but experienced attorneys should be able to provide projections on how they see your particular case playing out. Knowing approximate costs in advance will help you plan for your future.
This is all-important information that you must gather up front. Contrary to popular belief, attorneys aren’t in the business of charging hidden fees. Communicating potential cost is always one of the first conversations that should take place in any legal case.
3. How long does it typically take you to return phone calls? How do I get in touch with you in an emergency?
A good divorce attorney is reachable in multiple ways. During the course of a business day, a call to your attorney’s office should be returned the same day, and possibly within a matter of hours. If an attorney can’t guarantee this sort of time frame, then stressful situations may escalate unnecessarily. When things come up outside of normal business hours, there should be a way to contact your attorney in an emergency. In the divorce process, there will be events that present themselves that will require a quick legal consult, or perhaps just a record of information kept with your attorney. Make sure that your attorney is available within reason. An attorney that can’t be available on a same-day basis is potentially too busy to focus their attention fully on your case.
4. What can I do to keep costs lower than expected?
During your initial consultation, ask what information and/or documentation the lawyer will require during your first appointment. This will help streamline the information gathering process, saving time for the lawyer and money for yourself.
Have a list of questions and important points you want to make before calling or meeting with your attorney. This will keep you on track and ensure you don’t forget anything. Don’t confuse your lawyer for a counselor. It’s often an emotional time and it is important that your lawyer understand your situation. But ask yourself - are you telling them something new they need to know to move your matter forward or are you rehashing and venting. It could be an expensive conversation you could have avoided by talking to your family and friends instead. Experienced family law lawyers will also be able to suggest therapists if you do not have one.
There are also many tasks that may be completed on your own in a divorce. Most people fail to realize this and end up paying money for work that didn’t have to be completed by a family law firm. Attorneys are typically upfront with you on this information if you ask them, as it will only require less work on their part, and they are able to take the cost down. While there are many things that your legal team will undoubtedly have to complete for you, not everything is up to them if you don’t want it to be.
5. In your experience, what do you foresee the outcome being for this case?
This is the dreaded question, right? Many people fail to ask this question because they really don’t want to know the answer. But don’t be afraid! This is for the best. Of course, no attorney can guarantee an outcome in a family law case. However, good, experienced attorneys will give an honest answer, even if it isn’t what their client wants to hear. If the lawyer feels like the judge will likely rule in favor of the other side, they should be honest with you. If you have a good chance of winning, they should be honest with that as well. An experienced family law attorney should have a good idea of how a court will view your case, as well as the best way to present your case in family court to get the desired outcome. No one wants to be blindsided by a completely unexpected result, and a realistic approach should be taken throughout the entire divorce process in California.
6. What other professionals are going to be working on my case? Can I meet them?
Most people assume that the person doing most of the legwork in a divorce case is the attorney, and often that is true. While your attorney will be in charge of the case, they may assign parts of the process to other members of their team. This is a common process, but it is important for you to know who the other people fighting for you are. It is equally important that they know who you are. You should meet as many of these people as you can. It promotes confidence within you as well as a connection with the other legal team. A divorce case is a team effort, not just the attorney that you hire.
Divorce cases in California can be stressful and life-changing. There is simply no way around these facts. Having an attorney who has strong family law experience, and is someone you can trust are the most important things that must be considered when hiring a California divorce attorney. By asking the right questions, you will ensure that a clear line of communication is formed, as well as gaining an understanding of the process. There are no guarantees when it comes to getting a specific result, but by hiring the right attorney to work for you on your case, you can feel confident that you are giving yourself the best chance to get through a difficult situation.
We hope this post was insightful to any of you considering the divorce process. Our #1 goal is to be a resource to you. If you have any questions or are in need of legal advice, please don't hesitate to contact us for a confidential consultation.