Not all lawyers are created equal. Finding the right lawyer can make the difference between a favorable and a not-so-favorable divorce.
Where do I get recommendations?
Try a combination of sources. You’re faced with an important decision because your welfare [and your children’s welfare] will be in the hands of the teamwork between you and your lawyer. With good teamwork, there’s usually success. So, here’s where you can find lawyers.
- Through recommendations of professional people including therapists, accountants, and marriage counselors.
- Other lawyers are perhaps the best source for a referral to a divorce lawyer. Most people’s initial contact with a lawyer has been for the purchase of real estate. Another lawyer source for a referral is a business lawyer if you deal with one.
- You can ask that lawyer—so long as that lawyer is not referring the case to a lawyer in the firm.
- An initial question to ask when receiving a referral is the extent of the lawyer’s practice in matrimonial law. Another good question to ask is: Would you send your sister to that lawyer?
- Here is what the Complete Idiot’s Guide to Surviving Divorce says:
“As far as we’re concerned, a better organization to tap is the American Academy of Matrimonial Attorneys, headquartered in Chicago. (312) 263-6477. Each state has a chapter. Admission to the Academy is highly selective. Members must be in practice for a certain number of years; they must have worked largely if not solely in the field of matrimonial law; and they must pass a test. A member of this group will certainly be well qualified.” - My primary referral source is Best Lawyers in America. This contains a far more narrow list than most lists of leading divorce lawyers.
What are the sources you use when referring a client to a lawyer in a community where you do not know a divorce lawyer?
The first lists that I will look to are:
- Best Lawyers in America.
- The American Academy of Matrimonial Lawyers;
- The International Academy of Family Lawyers;
- SuperLawyers and Illinois Leading Lawyers. These are peer reviewed groups.
Is a consultation fee charged by most lawyers for an initial consultation?
In the collar counties such as McHenry County, Kane County, and Lake County, your top tier of lawyers charges for the initial consultation. The problem with seeking a lawyer who doesn’t charge for an initial consultation is that even if the lawyer is qualified, the conferences will be brief. But short initial conferences don’t not enough time to address the meaningful information required at this critical stage of a person’s life.
What should I expect to learn from the initial interview?
Whether you and the lawyer will be compatible. Whether you think there will be good teamwork between you and your lawyer. You should have a sense that you can share confidences with this lawyer without feeling the lawyer is condescending or judgmental. Good chemistry between lawyer and client is key. But this decision amounts to a gut feeling: a feeling you should come away with. If you are at the point of your life where you realize that the marriage is not able to be fixed, you should receive a sense of what may happen. Your lawyer should be able to provide in broad terms what may happen regarding allocating of parenting time (and allocating major decisions affecting the children), child support, division of property and maintenance. Take notes.
What will your lawyer charge for the divorce?
Divorce lawyers can’t reasonably project how much the total fees will be. Charges depend on the lawyer’s time—based on an hourly rate. Almost all divorce lawyers require monthly payments in full for services rendered.
When should you expect your phone calls to the lawyer will be returned?
Right away. Given the nature of Email communication, 24 to 48 hours is the outside time period for when your lawyer should respond. The exception: your lawyer is away from the office or on trial.
What does it take to be a good lawyer?
Hype. Don’t buy into hype. Looking through websites, you will see descriptions where divorce firms promise “aggressive” representation, “exceptional” services, premiums representation, etc. These terms don’t promise anything.
Also don’t be overly impressed by a lawyer being on what seems to be a “best” list. Some “lists” are more reliable than others. When I make a referral for a lawyer outside Illinois, I rely on Best Lawyers in America, as well as the Fellows in the American Academy of Matrimonial Lawyers.
Smart
The first thing you should look for in a professional person is that they are smart. The fact that a person has a professional education, title and license does not mean the person is smart. The old medical school joke is, “What do they call a person who graduates last in his class from medical school?” They call him doctor. A person can be educated, without being smart.
Experience
Also look for experience in a lawyer. A good lawyer is not only smart in terms of native intelligence, but the lawyer should also be both “street smart” and be emotionally smart. You should get a sense of this early on.
Specialization
An Illinois family lawyer can’t claim to specialize in the area of his or her choosing. While Illinois law recognizes specialties in medicine, Illinois does not recognize specialties in lawyers, except patent and admiralty law. Lawyers may, however, publish that they “limit” their practice to a certain field of law. They also claim that their practice is “concentrated” in certain areas of law. The practice of family law is complex. It requires a knowledge of many different facets of the law that applies to divorce or parentage cases. So, look for a family lawyer who limits or concentrates his or her practice to family law.
Integrity
A lawyer must have a reputation for integrity, that is, for telling the truth. A lawyer’s word must be the lawyer’s bond. Judges and other lawyers must be able to rely on the representations of the lawyer, whether it is what the law is on a particular subject, or what the facts are. A lawyer’s reputation for integrity will be known in the community, and will certainly be known by other lawyers.
Should I hire a lawyer based on the lawyer’s claim that he or she is a “Men’s Rights Lawyer” or a “Women’s Rights Lawyer?”
No. There are capable “father’s rights” lawyers. Yet I have found that “father’s rights” lawyers use this title as a marketing tool. I believe that there should not be such things as “men’s rights” lawyers or “women’s rights” lawyers. The fact that a lawyer’s claimed sentiments may be pro-mother or pro-father does not make that lawyer an effective lawyer. Cases are won and lost on the basis of how a lawyer presents the facts and the lawyer’s knowledge of the law. Winning is not based on the lawyer’s client-gender preference.
