Choose the Right Lawyer for You
A time will probably come when you will need or should consult with a family law / divorce lawyer. It could be as you look ahead at the start of a relationship to ensure that your plans for your property will come to fruition. Or something just happened in your relationship and you need some immediate advice and help to understand what your options are and what to do next.
Family law involves different legal areas rolled up into one practice that can serve you and your family for years. Many people are intimidated by lawyers and searching for one because the terminology is different from what they're used to. They may also see it as being too expensive for them. But it doesn't have to be, and the money that you do spend on a consultation is generally well worth it if you've screened your candidates well.
At the end of the day, your ability to pay and the lawyer's rates are an important part of your decision making. Part of what makes the right lawyer for you includes a match between your financial resources and what the lawyer charges. Here are some other tips to help you in your search.
1. Make a List of What's Important to You
Think now and for the future. Consider the key facts of your situation as a starting point for what you need. Also think about what you are concerned or worried about.
If you're a young couple starting out, your requirements will be different and can centre on the need for a good lawyer who know how to write cohabitation agreements or marriage contracts. If you have accumulated a lot of wealth your situation will require a lawyer who knows the details of complex asset mixes and the tax implications of one option over the other.
You may also need a lawyer who is able to provide secondary wills to deal specifically with certain asset types (e.g. real estate versus antiques and art headed for a museum). Or you may need a lawyer who can represent you well in court all the way through trial and appeal if necessary. You may also want a lawyer is able to represent you at a mediation or arbitration and has the skills to negotiate.
2. Think about the type of person you know you like to work with (and don't like)
This is about the tiny details. Do you like a fast-talking person or a slow-talking person? Do you respond well to a soft-spoken person or a loud and high energy person? Do you feel more comfortable with a man or a woman? Do you want someone very close to your home to speak with in person, or are you content to have a lawyer who may be farther away from you and do most of your communications by phone, email, and videoconference? Write down everything that comes to mind and then sort the list into priorities.
3. Ask Friends or Family Who Have Dealt with Family Law, Separation, or Divorce
A helpful way to get the ball rolling is to ask a trustworthy friend or family member who you know has probably used a family law lawyer and ask them about what their experience was like.
You can ask, "Did you like your lawyer? (Why and why not?)" Or, "How would you rate the quality of the lawyer's work for you?" Or, "Was the lawyer up front about fees?" Or, "How much per hour did your lawyer charge?" Or, "How did the matter turn out?" Or, "What was their service like, on time, prompt, and were they easy to get in touch with?"
A word of caution
I acknowledge, though, that family law matters are highly sensitive, and speaking about them with the wrong person can actually harm your interests. The nature of family law is that if a family member knows you are thinking of consulting with a a family law or divorce lawyer, they could easily tell your partner before you are able to. Also, a consultation early on does not require you to separate or divorce. In fact after a consultation you may wish to give your relationship more attention because a consultation may open your eyes to what is involved in addressing legal rights in family law. So, I would say to be careful in who you pick to speak to, so that the person is discreet and the conversation remains confidential.
4. Use Internet Search Engines, but Scrutinize Search Results All the Same
It's very helpful to use search engines to gather names of candidates. Read reviews and read their website profiles. If they have blogs or written articles, have a read through what that lawyer has written to get a sense for how that person communicates and his or her level of competence. A benefit of Internet searches is that it's more private and can be anonymous.
5. Create a Shortlist
Make a list of 3 to 5 lawyers and write out the pros and cons for each. Before you've met them or spoken to them, this will be based just of their online presence.
6. Contact them for a First Call
Reaching out to candidate lawyers is a great way to learn about how their customer service is. You can gauge how quickly their office gets back to you. You can see how they communicate with you on the phone in that first contact.
What I do is first get a very quick understanding that it is a family law matter and do a conflict of interest check. If that passes, then I'll get a 10-15 minute understanding of what the situation is. I'll ask key questions to understand the main facts that affect your legal rights an obligations. If I see that it's something I can assist with, I'll offer a 1-hour consultation to review in detail the options and provide initial advice and next steps. Most lawyers charge for their consultations, as do I. I explain all of the fees on the phone on that initial 10-minute call. But there's no charge for the initial 15-minute call.
Keep in mind that the world of law has it's own vocabulary. So be patient with yourself as you try to explain the situation and answer the lawyer's questions. Also be aware of how patient the lawyer and his staff are with you as they communicate and listen to you tell your story.
7. Decide Who You Will Have a 1-Hour Consultation With
After your initial calls and emails, assess the responses that you get and how quickly they get back to you. Decide which family law layer you feel confident in spending money on a consultation with and book a time accordingly.
Photo credit: Evg Kowalievska
After the consultation you'll be able to decide whether it's a good fit for you and whether you want to "retain" the lawyer or still consult with others. Retaining a lawyer means that you sign a retainer agreement for a particular purpose or type of service that the lawyer will provide to you (the scope). Under this contract for service you receive the benefit of many legal duties that the lawyer owes you as he or she performs the services and law practice for your benefit. At the consultation you should ask to see a draft of a retainer agreement and take it home to review at your convenience.
The Right Fit
Part of what makes a lawyer the right one for you is the lawyer's hourly rate, or fee for a piece of work, and your ability to pay. Ask about fees in the initial call when you are still deciding whether to book a consultation. Find out if the lawyer charges for a consultation and ask what the fee is. Resolving a legal dispute can be a long and winding road. Both you and the lawyer need to know whether the financial side of the equation is a match, too.
Law Society of Ontario Recommendations
The Law Society also has a few recommendations of what to ask when searching for the right lawyer for you:
- Call a few different professionals and ask them if they will take your case
- Ask them how much they charge, either per hour, or per case
- Book a time to meet with them
- Ask them about their experiences with your type of case
- Ask them to estimate how much their services will cost for handling your case
- Ask whether you will be billed on a monthly basis or at the end of your case
- Ask if you will have to pay for anything else above their fees
Resources
Stratford (Perth County) Courthouse
Law Society Lawyer and Paralegal Directory
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