Can you ask for references from an attorney before you sign a retainer agreement? Yes, you can and should. Of course, the lawyer will tell you that that information is “confidential”. But, if the lawyer is willing to ask for, and if the former client is willing to give their written consent to the lawyer to be a reference, you will be able to get references.  The problem is that most lawyers are afraid to do so and, therefore, unwilling to have prospective clients speak to former clients.

Will a lawyer who does not practice divorce mediation advise you about it if your case is a good candidate for an alternative method of dispute resolution? Maybe, maybe not. It is critical that you learn about the different ways of resolving marital issues so that you can choose the approach that best meets your needs and circumstances. There are “pros” and “cons” to each approach. It is important that you obtain legal advice that honestly and realistically assess your divorce case and what the best approach would be under the circumstances.

Are retainer agreements with divorce lawyers essentially the same? No, they are not, and they are definitely very unfair to the client. Retainer agreements are contracts, and, like all important contracts, they should be reviewed by other lawyers and negotiated to make them fairer to you. For instance, do not agree to be billed in minimum increments of 0.2 hours or more. If your lawyer bills at $400 per hour, and if you agreed to be billed in minimum increments of 0.2 hours, those phone calls under 6 minutes will cost you $80 instead of $40. Over time, these charges will add up significantly. And imagine how those back and forth emails can be billed if you do not clarify how they are going to be billed. You can also negotiate the retainer agreement to, among many other things, help protect you from certain dangerous situations that arise in the litigation process.

When you appear in front of a judge in family court, the public can observe your case unless a judge orders otherwise. Can you be excluded from seeing what is going on in your own case? Yes, if the judge wants to see only the attorneys. You can protect yourself by knowing your rights and what to do about it. See the Statement of Clients Right and Responsibilities which a prospective client is supposed to be given a copy of at the initial consultation.

Can you be pressured at the courthouse to enter into a verbal and binding settlement agreement before you ever get to see anything in writing? Yes, it happens every day. Lawyers call it a “stipulation of settlement put on the record”.  But you might call it a disaster—unless you know how to avoid it.  For more information about this dangerous animal, please read my article “Stipulations Of Settlement Put on the Record.”

Billing Issues

If you decide to change lawyers, can you obtain your file papers and other property your lawyer may have?  Not if you owe legal fees, since your lawyer will claim what is called a “retaining lien”—unless you know how to avoid it. For starters, make sure you get copies of everything.

During divorce proceedings, you may become overwhelmed with all the other issues going on in your case. While many law firms periodically issue billing statements, you may not initially question them. Will you be able to raise questions and objections later on with your lawyer about the billing statements and charges?  Not if you have waited too long. If you have made payments toward the outstanding balance, your lawyer can claim what is called “an account stated”. By waiting and especially by making a payment toward the outstanding balance, you have “ratified” and accepted the billing charges. Raise billing questions as soon as possible with your lawyer - and do so in writing.

Building A Better Foundation

If you want to learn more about these and other “pitfalls” during the divorce process, you should attend Coalition For Family Justice meetings where I do volunteer work. I offer several seminars throughout the year there and at other venues. Alternatively, read some of the articles I have written. The main point is instead of simply hoping you select an attorney who will best represent you, ask the right questions to assure that you do.