You are considering a prenuptial or postnuptial agreement before getting married You are considering divorce, annulment, or legal separation You need to modify a divorce agreement You need guidance on child custody and support You are considering adoption You need help with a restraining order
There are exceptions to this policy, such as when the individual is in the military or resides in more than one state.
The American Bar Association maintains a database of local bar associations. [2] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source Most will have free referral services that can recommend qualified attorneys. These referral services often include a free consultation. Use your state’s bar association website. Each state bar association keeps a directory of attorneys on their website. Many of these sites, such as that for the Ohio State Bar Association, are searchable by both location and specialization. [3] X Research source The state bar website may also list any disciplinary action that has been taken against an attorney for improper conduct. Use a public-interest website. For example, LawHelp. org focuses on helping low-income individuals find attorneys. [4] X Research source Use an online directory. Many websites offer searchable directories of attorneys. Popular directories include those found at Lawyers. com, LawInfo. com, and FindLaw. com. Use more than one directory to get the best results. [5] X Research source [6] X Research source [7] X Research source Check the local yellow pages. Look at the attorney ads in the yellow pages of your phone book. Write down any contact information for those who advertise family-law services. Also check for a family law sub-category, such as divorce, mediation, adoption, or guardianship. Use your favorite search engine to search for local family-law attorneys. Ask for a recommendation from family or friends who have experienced the same problem you’re facing. You may be able to get a good sense of whether a particular attorney will suit your needs. [8] X Research source Ask your attorney for a referral. If you already have an attorney for other matters, but you need one that specializes in family law, your attorney may be able to give you some reputable choices. [9] X Trustworthy Source Consumer Reports Nonprofit organization dedicated to consumer advocacy and product testing Go to source
Websites. Most attorneys will have at least a basic website that lists their practice areas and contact information. Others will have websites with detailed information about their specializations, experience, and qualifications. Social media profiles. Run a quick search on Twitter, Facebook, Google+, and LinkedIn for each of the attorneys or law firms on your list. Social media profiles and status updates can provide information about a person or business. News stories and press releases. These can be great sources of information about individual attorneys and law firms. However, when reading press releases, take them for what they are: public relations stories about the attorney or law firm who wrote them.
Ask your friends about the nitty-gritty of their experience working with their attorneys. Were they transparent regarding their fees and services? Were they punctual for appointments and available for questions? Did they provide answers and seem informed?[12] X Research source
If you’ve asked for references from others and researched those references online, you should have a decent sense of who will be good candidates. However, you should definitely arrange to meet with at least two attorneys in person before you make a final decision. It’s important to test your personal interaction with an attorney before you hire him or her.
whether the attorney charges for in-person consultations what handling your case is likely to cost whether fees are negotiable and what payment plans exist how long the attorney has practiced whether the attorney has handled cases similar to yours whether the attorney can provide you with references from other clients what outcomes are possible in your case who will have the primary responsibility for handling your case what information you should bring to your in-person meeting
Because many family-law cases are charged at an hourly rate rather than a flat fee, initial consultations may not be free but may be available at a significantly reduced rate. The lack of a free initial consultation is not by itself a cause for concern, and it has nothing to do with an attorney’s suitability. However, most attorneys do offer free initial consultations, so you might consider those first.
Your tax returns or pay stubs for at least the previous two years (especially in the case of divorce or child-support proceedings). Documents showing any stock certificates, bonds, retirement and/or pension plans. [18] X Research source Documents showing family or shared debts, including mortgage, auto, student-loan and credit card statements. (These can be especially useful in divorce proceedings. ) Any documents you have received from the court or your opponent’s attorney, including restraining orders, documents granting you sole custody of children, or subpoenas. Any documents relating to previous family-law matters, such as previous divorce decrees, adoption records, child-support orders, visitation schedules, and restraining orders.
The cost of retaining the attorney. Of course, if you are considering hiring any of the interviewees, you will need to ask about time and expense. If you are on a budget, do not be afraid to discuss payment arrangements or a flat fee instead of an hourly fee. Many attorneys will accept regular monthly payments after your retainer has run out. Find out if this is the case. Their qualifications. While a website or social media page can provide basic information, nothing beats asking the attorney in person about his/her credentials. Don’t be afraid to ask an attorney where s/he attended law school, what certifications and memberships they hold in the area of family law, and what examples of successfully litigated cases they can cite. You can also ask how much experience they have working with clients in situations similar to yours. [20] X Research source Take this time to ask specific questions about your case and how they would proceed with it. How will they help you achieve your objectives? What advantage does their practice offer compared to the competition? What financial and case support can you expect if you do not “win” your case?
Does the attorney carry malpractice insurance? Good attorneys usually maintain up-to-date malpractice insurance. Ask the attorney to explain their reasons if they don’t carry this insurance. Can the attorney provide you with references from former clients? Be aware that an attorney cannot give you information about a former client without that client’s consent. They may need time to get consent or have their former client contact you. How will the attorney update you on the progress of your case? This may vary depending on the needs of your case, but you should feel confident that you will get the attention you deserve. How often will you be billed? If the fee is hourly, will you be billed for portions of an hour? There’s no “wrong” answer to this. Just look for an answer that makes you feel comfortable. What is the best way to communicate with your attorney? Will you be charged for calling or emailing? You should feel welcome to contact your attorney with questions and confident that you will receive answers in a timely fashion (e. g. , within 24 hours or perhaps two business days). Will the attorney give you copies of all the documents filed in your case? This should definitely be a yes. Is advance payment required? What terms apply if you terminate the case? Make sure that these terms are very clear. Who will be your primary contact for the case? It’s common for senior attorneys to give junior associates at least some of the work in a case. This is fine, as long as you know whom you should contact with questions, and you feel comfortable that s/he can handle your case. How long might it take to resolve your case? While each case has its own circumstances, your attorney should be able to give you an estimate of how long typical cases in a particular area – divorce, child custody, etc. – usually take. Keep in mind that this is only an estimate. [21] X Trustworthy Source Consumer Reports Nonprofit organization dedicated to consumer advocacy and product testing Go to source
Arrive early. Most attorneys will ask you to complete an intake form before your appointment. Arriving early will give you time to complete the form. Pay attention to the staff. Take note of how the attorney’s staff interacts with you, each other, and the attorney. Any attorney you hire will delegate a certain amount of the work to his or her staff. You will probably be in direct contact with the staff. They are often the ones who answer the phone, return calls, collect required documents, and prepare the pleadings (formal, written applications to the court). Leave your children at home. Because children are often part of a family-law case, especially in divorce and custody proceedings, your attorney may not legally be able to discuss your case when your children are present. [23] X Research source It’s probably a good idea to leave them with a babysitter.
If your initial consultation is over the telephone, you should be careful to take detailed notes. Ask pertinent questions and get contact information for sending in additional documents if needed for review. Provide the attorney with a callback number in case you get interrupted or disconnected.
Choose an attorney who makes you feel comfortable. If you feel like you won’t get along with the attorney, if you don’t feel like they answered your questions clearly without too much “legalese,” or their ethics or practices are questionable, consider interviewing additional candidates. Choose an attorney who is skilled in the specific areas you need. For example, if you’re considering adoption, find an attorney who can cite examples of successfully handling similar cases. If at any time during your working relationship you feel that you need to fire your attorney, you have the right to do so. Be straightforward with the attorney, and express your concerns before terminating any contract or agreement. If you have another attorney, s/he may be happy to work with you to address your concerns.
Verify your lawyer’s background and credentials with the local or state bar association. The American Bar Association has a directory of state and local bar associations. You can call to verify the information your attorney has given you; in some cases it may even be available online. You can also check whether s/he has any ethics violations or disciplinary actions on his or her record. If the attorney has been disciplined multiple times or has been suspended, you should hire someone else.
You should avoid attorneys who make specific promises about the results of your case. A “guaranteed result” is impossible, and it’s unethical for an attorney to promise you that s/he will get you “the result you want” if you hire him or her. [28] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source Attorneys are required to fully and competently represent you if they accept you as a client. They cannot shape the quality of their representation depending on how much you pay, and they cannot promise different results if you pay more. For example, if a divorce attorney tells you that your case will have a greater chance of success if you pay for his/her “platinum” package vs the “basic” package, do not hire that attorney. This behavior is unethical. [29] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source
