Choosing a Family Law Attorney

Choosing the right attorney may be your most critical decision in successfully confronting your family law issues and beginning the next phase of your life.

The right family law attorney can help provide you with financial security.  The wrong lawyer may lead to the loss of marital assets that are rightfully yours or even may result in you losing parenting rights with your children.

You need an experienced and concerned attorney to fight for you, to guide you through the legal process and to respect your needs.  Litigants in divorce cases sometimes change lawyers before the conclusion of their case.  Part of the problem is that often clients do not put enough time and effort into initial atorney selection.  To keep this from happening to you, choose your lawyer carefully.

Allow a wide range of factors to weigh into your decision.  Do not choose a lawyer based solely on what others say.  The fact that your friend or relative recommended a particular attorney does not mean he or she is right for you.  Be discriminating.  Investigate your options and trust your instincts.

Your selection can best be accomplished by establishing criteria that are important for you and then matching up prospective attorneys agains the following standards:

Experience and Knowledge of Family Law

The most  important criteria for selecting a family law attorney are knowledge and experience in Indiana family law.  An experienced family law attorney will be familiar with the law, its trends and the legal system.  When a problem or crisis in your case, the seasoned lawyer is less likely to be caught off guard and more likely to be prepared to handle it.

Rappart with your lawyer

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 in attentive.  Keep in mind that you spend many house with your lawyer during the course of your case.  Family law matters are often time consuming and emotionally draining.  If you are uncomfortable with your lawyer, it may be a constant source of additional stress to you.

Commitment and desire to obtain a favorable result

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 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.

Availability to other lawyers and support staff

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 document 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 thta the support staff easily can handle.

Reputation of the lawyer and the firm

A lawyer should have a reputation for being trustworthy, credible, well prepared and reasonable while still being a strong advocate for their clients.  Obviously, any questions you ask lawyers about their firms or their own reputatios will generate self serving respones.  To obtain objective information, ask other lawyers, accountants or former clients of the firm.  Your lawyer should be able to provide you with references from former clients who have consented to the release of their names.

Diversity of firm and other resources

Often divorce cases require knowledge of other fields of law, such as real estate, bankruptcy, personal injury, criminal, commerical, estates, trusts and tax law.  A matrimonial lawyer must realy on outside experts to render opinions related to custody and appraise assets such as businesses, real estate, pensions and personal property.  Find out whether the lawyer has prominent and credible experts accessible to hiim or her for these services.

Assertiveness and tenacity

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 senstive and compassion 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.

Strategy and focus

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 lawyers response to this question will give you insight into his or her analytical skills and ability to develop a blueprint for your case.

Proximity of lawyer's office

If your case is complex and contested, you may need to consult regularly with your attorney.  If you consider selecting a divorce attorney whose office is located a substantial distance from your home or office, you must weigh the additional burden against other factors.

Legal Fees

Good legal practice mandates 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 bills0 and hourly rates charged by the attorney and the legal staff.  The difference in hourly rates and retainer fees among experiened 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.

An expensive attorney is not always a skilled attorney.  Be wary of lawyers who lack the credentials to justify substantial fees.  Do not assume that because an attorney is expensive, he or she must be competent.  On the other hand, do not let legal fees deter you from retaining a skilled and experienced divorce lawyer.

Remember to keep counsel fees in perspective.  For example, if your lawyer obtains for you an additional $50 per week in child support for your 3 year old, after 18 yeras you would receive an additional $46,800.  An experienced lawyer may be better able to procure a bigger or longer term maintenance settlement.  Similarly, good lawyering may enable a litigant to maximize or minimize the value of a business being distributed.  An experienced lawyer may cost more now, but the long term financial benefits may tremendously outweigh that cost later.

A divorce can be extremely stressful and painful.  It can be a very difficult time for you and as well as for your children, relatives and friends.  If you are getting a divorce, you do not need the added stress of wondering, "Did I choose the right divorce lawyer?"

Your lawyer should be part of your solution, not a part of your problem.  If you have a strong, experienced lawyer fighting for your best interests, you will not have to worry about your case.  Rather, you can devote more of your time and energy to emotional and psychological well being, and you can start looking forward to your new life.  Don't make it harder on yourself by choosing your lawyer haphazardly.  You owe it to yourself to choose carefully and to choose the best divorce lawyer for you.

You deserve a family law attorney who cares about your case.  Contact the attorneys at Waters, Tyler, Scott, Hofmann & Doane, LLC -- (812) 949-1114.  Weekend and evening appointments available; major credit cards accepted.