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People in need of family law legal services can learn of family law attorneys in a number of ways, e.g., friends, family, other professionals, or telephone or internet advertising. The internet can certainly be helpful if the attorney has a sophisticated website with detailed information about that attorney and/or the issues involved in your case. If you are receiving a referral from a person, you should ask that person why he / she is telling you to contact this attorney.
Having received a name or names is just the beginning of the process. You should not attempt to have a consultation with an attorney only by telephone. A personal consultation with the prospective attorney is one of the most critical parts of your investigation. If the attorney offers a free consultation, by all means take advantage of it. Attorneys’ fees cannot be the first or only concern, as it is important to understand the attorney’s background and experience.
If documentation exists prior to your consultation with the attorney, it would be wise to ask the attorney’s office whether the attorney wants this documentation prior to your first consultation. It is important you come prepared for this first meeting, and to the extent necessary with written questions. Experienced family law attorneys often have a writing for you to read prior to the beginning of your conversation with the attorney, for example, a booklet on divorce and/or custody.
Of key importance in this first meeting is for you to understand the years of experience the attorney has, and whether that attorney specializes in divorce and custody. You should also understand whether that attorney has a ranking in the bar association. For example, Martindale Hubbell is a national legal rating service for attorneys, an independent service which has been in existence for decades, and is the only national recognized rating service for attorneys. The top ranking given by Martindale Hubbell is designated as “AV”. This ranking indicates that Martindale Hubbell has anonymously asked the attorney’s peers, including judges, to rank this attorney by experience, skill, and ethics. The attorney being ranked cannot control who Martindale Hubbell contacts. An AV ranking indicates that the attorney is in the top twelve percent of attorneys in the United States and has received the highest ranking for ethics and competence.
Be aware if the prospective attorney is making promises to you or “hyping you”. Hyping often occurs when an attorney makes assurances to you, or tells you that that attorney can get you what you want. You should also be careful of an attorney claiming success in the areas of divorce and custody. Most experienced divorce and custody attorneys understand that there is often no winning and losing in the cases they handle. There are exceptions to this, often in the area of custody.
In addition to the areas of experience, specialization and ranking, you should also understand whether the attorney has actively engaged in the family law section of the bar association. Usually being an officer or committee chair indicates that other family law attorneys believe that this attorney has the skills to handle those kinds of situations.
You should feel free to ask follow up questions of the prospective attorney after you have left that attorney’s office and before you make your choice about an attorney to represent you. If you have discovered two or more attorneys who appear very well qualified, it may well come down to your feeling or “fit”, i.e., your feeling about how the attorney’s personality works with yours. After making your choice and hiring the attorney you should be prepared to communicate efficiently with the attorney, i.e., be organized before you call or write the attorney, and stay organized with your own file. Diligence in the hiring of an attorney and in helping the attorney manage your case will likely produce the best result for you in what is often a difficult family law situation.
