Choosing and Working with a Lawyer

Although a lawyer may not be absolutely necessary, having a knowledgeable attorney who will fight for you in court can impact the legal process and experience. If you are representing yourself, it can be difficult to speak up in front of a judge or to know what your legal rights are in the court process.

In some cases, you may be able to fill out the necessary court forms on your own. For civil protection orders, for example, the forms are often designed to be filled out by a person without a lawyer and can be fairly straightforward. 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 by yourself. Also, once the court case has begun, the other party 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 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 a judge can accept (admit) in court, which a lawyer would know.

Choosing the right lawyer to represent you can be crucial to your case. Even though you may not be able to interview or select an attorney if you are assigned one from legal services or through the court, this is something you can do if you are paying for their services.

Before deciding whether or not you want to hire (retain) the attorney, you should interview them to see if you think they are qualified to handle your case. Think of this as an interview for anyone you are hiring to perform any job.

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

• How long have they been practicing? What types of cases do they usually handle?
• How many cases involving domestic violence victims, custody, divorce, etc., have they handled? What is their view on introducing domestic violence in court in cases like yours? Is it considered important or is it not relevant?
• If there is domestic violence in your case, have they worked with domestic violence advocates before? How will they work together to ensure your safety? 
• Explain your goals and what you’d like to accomplish in your case. Do they think that is a realistic outcome? What do they think would be a realistic outcome?
• Can they explain what a judge will look at in your case when making a decision?
• What type of communication will they have during the case? If you email them, for example, how long will it usually take to receive a reply from them? How often will they update you about the case?

It is also important to understand all of the fees that you will be expected to pay and what those fees cover. Most lawyers will ask for a lump sum up front, known as a retainer. What that retainer covers is part of the information that needs to be clarified. Below is a list of suggested questions that you can ask a lawyer to best understand the total costs:

• Is the retainer based on an estimate of the hours they anticipate spending on your case? Does it only cover initial expenses, 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 your case?
• If the retainer is not a flat rate,
  • what is their hourly rate? This will help you figure out how many hours the retainer covers.
  • will non-lawyers work on your case, such as paralegals? If so, how much is their hourly rate?
• Do they refund all or part of the retainer if my case is dropped or takes less time than expected? Attorneys should be willing to refund any unused portion of the retainer. Make sure the agreement clearly states that any unused retainer money will be returned to you.
• Are there other expenses that you may have to pay, such as filing fees, mailing, or copying fees? What are they, and how much are they likely to be? Will you be charged for their time if you speak on the phone or email each other? What is the minimum time increment for which they charge? For example, if you have a 7-minute call, will they charge in 10 or 15-minute increments?
• If an additional retainer is required once the initial one is used up, how much would that be? Could that be paid via a payment plan if needed?
• Will you receive a monthly invoice for the services rendered and the retainer used for that period?

In some states, the law allows the judge to order the higher-income spouse to pay some or all of the lawyer fees of the lower-income spouse. It’s also possible that this is an option in a custody case. You can ask the attorney if this is possible under your state’s laws and if they are willing to ask the judge to order this. Some lawyers may not want to make this legal request to the judge, as it could mean waiting until the end of the case to receive payment.

If you cannot get a lawyer, you may have to represent yourself in court, which is known as being a “pro se litigant.” (“Pro se” is a Latin term that means “on one’s own behalf.”)

Many courthouses have an office within the court that assists self-represented litigants in filling out paperwork or provides brief advice. You can ask the clerk of court if there is any help for pro se litigants available in the courthouse.

Advocates at local domestic violence organizations may also be able to help you with filling out forms or may accompany you to court for support if you are a victim of abuse. Go to our Advocates and Shelters page to find an organization near you.

For tips on representing yourself in court, go to our Preparing for Court section.