Choosing and Working with a Lawyer

Although a lawyer may not be absolutely necessary, having a knowledgeable lawyer who will fight for you in court can change the whole legal experience for you. It can be intimidating to speak up in front of a judge or to know what your legal rights are in the court process if you are representing yourself.

A person who wants to file a case in court should be able to get the necessary forms from the courthouse or online from the state’s courts website. For civil protection orders, the forms are often designed to be filled out by a person without a lawyer and can be fairly straight-forward. However, for cases that are more complicated, such as divorce, filling out the forms correctly and knowing what to write in the forms to try to get the best outcome can be challenging to do alone. Also, once the court case has begun, the other party involved may file legal papers (motions) that need to be answered in a certain legal format, which can be difficult to do without a lawyer.

A lawyer can be especially important if the other party has a lawyer and/or if the case cannot be resolved and the judge is going to hold a hearing or trial. There are complicated “rules of evidence” that spell out what type of statements, documents, or other evidence can be admitted (accepted by a judge) in court, which a lawyer would know.

Choosing the right attorney to represent you can be crucial to your case. Before deciding whether or not you want to hire (retain) the attorney, you should interview him/her to see if you think s/he is qualified, just as you would interview anyone you are hiring to perform any job. However, interviewing and choosing an attorney may not be an option if you are assigned an attorney from a free legal services organization or if the judge assigns an attorney to you.

Here are some questions that may be helpful to guide you in your initial meeting with an attorney:

• How long have you been practicing? What types of cases do you usually handle?
• How many cases involving domestic violence victims, custody, divorce, etc., have you handled? What is your view of how domestic violence should be introduced in court in a case like mine - for example, is it important? Or is it not relevant?
• Here is what I would like to accomplish in my case - and then explain your goals. Do you think that is a realistic outcome or not?
• Can you explain what a judge will look at in my case when making a decision? What relevant laws will come into play?
• What type of communication do you expect us to have during the case? If I email you, how long will it usually take to receive a reply from you? If I call you, when can I expect a call back?

It is also important to understand all of the fees that you will be expected to pay and what those fees cover. Most attorneys will ask for a lump sum up front, known as a retainer. This often covers the attorney’s hourly rate for the number of hours that the attorney estimates s/he will spend on your case. Below is a list of suggested questions that you can ask an attorney to best understand the total costs:

• Is the retainer based on an estimate of the hours you anticipate spending on my case? Or is it a flat rate to cover the whole case?
• What exactly does the retainer cover? In other words, does it only cover negotiations and court conferences? Or does it also cover any hearings or motions that might be needed in my case?
• How much is your hourly rate? (This will help you figure out how many hours the retainer covers.)
• Will there be non-lawyers working on my case, such as paralegals? If so, how much is their hourly rate?
• Do you refund all or part of the retainer if my case ends up being dropped or not taking much time? (Attorneys should be willing to refund any part of the retainer not spent; make sure the agreement clearly indicates that any unused retainer money will be returned to you.)
• Are there other expenses that I may have to pay, such as filing fees, mailing, or copying fees? What are they, and how much are they likely to be? Will I be charged for your time if we speak on the phone or email each other?
• If an additional retainer is required once this is used up, how much would that be? Could that be paid via a payment plan if needed?
• Will I receive a monthly invoice for your services rendered and the retainer used for that period? Or will I only see that at the end of the case?

Note: In some states, the law allows the judge to order the higher-income spouse to pay some or all of the attorney fees of the lower-income spouse. If there is a big difference in the income level between you and your spouse, ask the attorney if this is possible under your state’s laws and make sure the attorney is willing to ask the judge to order this. Some attorneys may not want to make this legal request to the judge since it might mean that the attorney will have to wait to the end of the case to receive payment.