Choose divorce attorney wisely

By: CANDACE BAHR - For the North County Times | Wednesday, August 24, 2005 11:40 PM PDT ∞

Making the decision to divorce is a difficult, emotional process, and choosing the right attorney can make a big difference. Finding a divorce professional is a lot like finding a good auto mechanic or plumber ---- the warmer the referral, the better. A good place to start is by asking your closest friends and advisers, then consult with social or business acquaintances, and finally, check professional societies for a qualified attorney. Only cold-call from the Yellow Pages as a last resort.

Discuss fees up front with your attorney. You should know the hourly rate, how portions of hours are billed, and the approximate total cost of the divorce, given the issues you have brought up during the interview.

When interviewing attorneys, be sure to find someone who is not threatened by your knowledge and preparation. In fact, seek an attorney who supports your taking an active role. A relationship based on trust and competence is critical.

Choose a knowledgeable attorney who is a specialist in family law issues and can communicate with you in plain English.

Interview at least three attorneys face-to-face, if possible. Here are some questions to ask:

What portion of your law practice is devoted to divorces?

How many divorce cases did you handle last year?

Do you consider yourself a litigator, negotiator, arbitrator or mediator?

What is your divorce trial experience?

Will you go to court to litigate this case if it cannot be settled?

Will you handle the case yourself, or will an assistant or associate do the work?

What happens if you get sick or go on vacation?

How will I be billed?

How much will you charge for extra expenses (such as postage, faxes and copying)?

What can we do to keep costs down?

Obtain a written fee agreement from your attorney. Be sure you read and understand the entire agreement to avoid misunderstandings. Ý

Many attorneys want part or all of their fees in advance, as "insurance" that the fees will be paid. This money is called a retainer. Make sure the retainer is refundable if the attorney doesn't do the work or you fire the attorney before the retainer is exhausted.

The best way to avoid problems is to take control of the divorce process and consider your options ahead of time. Next week, I will discuss what you can do to save money during a divorce.Ý

Candace Bahr is a nationally known author and financial adviser in Carlsbad. She is co-founder of the nonprofit www.wife.org. She can be reached at (760) 431-9288.