1. Have a Clear Written Fee Agreement
Several Experienced lawyers demand an advance payment and also charge an hourly rate throughout the divorce process. Fees and expenses will be charged against the retainer until it is exhausted, at which point the client will be responsible for any additional sums incurred.
Clients tend to look for a lawyer who will charge them on a flat fee basis. The problem with this arrangement is that the attorney has no incentive to do anything beyond the bare minimum. This goes both ways, the client can start feeling that the lawyer is not trying his best to resolve the case, or the lawyer can feel that the client is just trying to use up as much time as possible.
Whether you hire a lawyer on an hourly or flat fee basis, it’s extremely essential that you get a written fee agreement that makes clear the terms of the representation, including whether any retainer is refundable, how often you will receive statements, the attorney s hourly rates, etc. Be sure to obtain a copy of the fee agreement.
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2. Don’t Mistake Your Divorce Lawyer for Your Therapist
Yes divorces tend to be quite emotional. Because your divorce attorney is (or at least should be) firmly in your corner, talking to him can be a very reassuring experience. This person understands your side of the situation and it feels good to talk to somebody who sees the righteousness of your position. Because it makes you feel better you get into the habit of calling often, almost daily.
By doing this you are setting yourself in a trap.
Remember that every time you call your lawyer the clock is ticking and you are getting billed by the hour. Think of it as a very expensive cab ride. As soon as you get in the cab, the meter starts running. As soon as the lawyer picks up your call the meter starts.
This does not mean you should never communicate with your lawyer. On the contrary, you should communicate with your attorney anytime you need legal advice on your case. A good way to not waste time would be to make a list of all your questions before you call.
3. Don’t Use Your Attorney to Negotiate a Division of Personal Items
Arguing about which party deserves the blue sofa or the bread maker is not a good use of attorney s fees. These sorts of issues should most probably be settled between you and your spouse. Ideally, if you and your spouse have already separated, you could divide these items by agreement and exchange them before the case has been completed.
Then (when it is time to finalize the divorce) the provision in the agreement and/or Final Decree, would simply state that each party keeps all personal effects (furniture, clothing, electronics, appliances, kitchen equipment, etc.) in that party s possession. This can save a great deal in fees by avoiding debates over property that has very little market value.
4. Don’t Throw Away Dollars Trying to Save Nickels
This is extremely important. Do not think that by hiring a lawyer for a cheaper price you are saving money, you are hiring an inexperienced attorney, this is what most people do wrong.
This should be avoided.
Getting to a conclusion promptly should be your goal. In order to reach this goal you will need an effective lawyer who sincerely shares that objective with you. That lawyer will then use his experience and skills to help you reach that objective.
But notice that I said a reasonable settlement, not just any settlement. If the other side cannot be convinced to settle the case on reasonable terms it is imperative that your lawyer be skillful and confident enough to effectively try your case.
Someone who is learning on the job, or is simply unprepared, can cost you a great deal of money. So don t cheat yourself out of dollars in an attempt to save nickels.
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