Finding the Right Family Lawyer for YOU
Upon separating, one question men and women find themselves asking is “How do I find a lawyer??” The prospect of entering divorce proceedings is a daunting one. Throughout the process, your lawyer becomes your advocate, advisor, interpreter, and partner as you navigate the legal field. However the question remains – “How do I find the right lawyer for my case who is analytic, experienced, thorough and compassionate. And how do I keep costs down?!”
Read on…..
The following are ideas to keep in mind when seeking the best lawyer for your case.
Find the Best Lawyer for YOU
The lawyer client relationship is a partnership. You will be working in close proximity for months or years, and will likely require legal advice intermittently into the more distant future if there are children involved. Depending on the nature of a case, a client may find themselves having to share sensitive details of the martial history with his or her lawyer, and must feel comfortable doing so. As in any working relationship, it is important the there be a mutual rapport. Even if a lawyer comes highly recommended by a friend or colleague, remember that a lawyer must meet your distinct needs and personality.
Determine Your Specific Needs
Considerations to take into account include:
- Family structure – are there children involved?
- Financial situation – how much can you afford to pay for legal representation?
- Extent of marital assets to be divided – spouses with ample assets will seek lawyers who demonstrate ample understanding of finances and property division.
Ability to productively communicate with your spouse – might your case be viable to be settled out of court utilizing forms of Alternative Disputes Resolution?
Ask for Referrals
Divorce is a new experience for most who face it, and firsthand advice can prove invaluable. Speak with friends who have divorced in recent years, and ask whether they would recommend their lawyer, and why or why not. Another useful source for firsthand referrals can be professionals who work in close proximity with family lawyers, such as accountants, financial advisors, and lawyers practicing in related legal fields.
Consult with as Many Lawyers as Necessary
Many lawyers offer half hour consultations free of charge. This gives clients the opportunity to scout out a few lawyers if necessary before retaining one for their case. Don’t feel pressured to retain the first lawyer you meet with if things don’t “click.” A lawyer must live up to your requirements insofar as price point, legal style, areas of expertise and personality. Feel free to leave a consultation and think about the decision. Do ensure that you follow up with the lawyer specifying whether or not you will be retaining them, and to thank them for their time.
Making the Most of a Legal Consultation
As the consultation is limited in length, it is advisable that potential clients come prepared having written down questions they’d like to ask of the lawyer and with any documents pertinent to the marital history. Feel free to speak honestly and candidly about your needs and concerns so that the lawyer can best ascertain what the requirements of such a case might be. Be concise and articulate. Feel free to ask about the specifics of legal fees and exactly how the firm charges clients.
Remember that Your Lawyer Represents You
To ensure representation of your (and your children’s) best interests, you need to feel confident that a lawyer will consult with you, explain legal processes with you, and ultimately give you the final word before moving forward in a case. You as the client will decide how involved in the process you’d like to be, however always remember that you are in the driver’s seat, and are paying the lawyer to perform a service on your behalf. Make sure that your lawyer values your input, respects your input, and that ultimately you feel comfortable with the actions he or she is taking on your behalf.
Know Your Lawyer’s Role – Lawyer Not Therapist
Legal services generally come at significant financial cost, often billing per minute of a lawyer’s time. One of the best pieces of advice I have heard in terms of the divorce process is to ensure that emotional baggage is checked at the law firm’s door. In other words, although emotions may still be raw, meetings, phone calls and emails with a lawyer should be kept on topic, and that is with the purpose of seeking legal advice. Utilizing a lawyer’s time properly can drastically reduce legal fees, and ensure a more productive process.
Legal Aid Referrals
Not everyone can afford legal fees, and there are resources available through which clients may be eligible for free or reduced fees for legal representation. For more information on services offered by Legal Aid Ontario, see their website HERE.
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