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Monday, February 2, 2009

Divorce Lawyer or Do It Yourself Divorce Software?

How to Select a Divorce Lawyer
By Scott Morgan

Selecting a divorce lawyer to handle your family law case is a very important decision. The following are a few important criteria to help in finding the right divorce lawyer.

Experience and Focus

Any divorce lawyer you consider should have substantial experience in handling divorce cases in your location. An experienced divorce lawyer will know the tendencies of the various judges in your jurisdiction and should be able to use this knowledge to your advantage. Additionally, that lawyer should practice primarily in the field of divorce law. Often people will hire a lawyer who practices primarily in some other area, thinking that any lawyer will do. However, divorce law is a very specialized field that requires particular skills and experience in order to have a likelihood of reaching a successful conclusion.

Past Client Testimonials

Perhaps the best way to decide which divorce lawyer to use for your divorce case is to find out what former clients have to say about that lawyer. While divorce is never an enjoyable process, some divorce lawyers have more success at satisfying their clients than others. If you do not know someone who has been a client of that particular divorce lawyer, you should consider asking the lawyer for a list of clients that you can contact who can describe their experience with the lawyer. While client confidentiality is important, any good experienced divorce lawyer should have at least a few former clients who are willing to vouch for him or her.

Accessible

When a client becomes dissatisfied with a divorce lawyer, one of the most common complaints is that they were unable to communicate with the lawyer. It is very important that your divorce lawyer be accessible and prompt in responding to your phone calls, emails, and requests for meetings. While you can ask the divorce lawyer about their office policy, this is another area where you can best evaluate the divorce lawyer by hearing what former clients have to say.

If a former client of the lawyer tells you that they found it very difficult to contact the attorney, or that the lawyer either did not return calls or respond to emails or would take several days to do so, you should definitely avoid that lawyer. Divorce is an unpleasant and frustrating process under the best of circumstances. If you are unable to reach your divorce attorney, or at least someone on his or her staff, the frustration level can increase exponentially.

Fees

When you make your initial appointment with the divorce attorney, you should inquire about a consultation fee. Some lawyers do brief initial consultations for free, although most experienced divorce lawyers will charge between $100.00 and $200.00 as a consultation fee, or will charge their normal hourly rate.

For example, I charge a flat $100.00 consultation fee with no additional hourly charges, regardless of the length of the meeting. Essentially, the consultation fee is to "weed out" those people who are not serious about the possibility of hiring me. Given that my normal hourly rate is $200.00/hour and the usual typical consultation takes about 90 minutes, the charge for my consultation is significantly discounted. Therefore, you shouldn't let a consultation fee scare you away from interviewing a particular lawyer.

During the consultation it is vitally important that you have a candid discussion with the prospective divorce lawyer about fees and what you can expect. Typically, an experienced divorce lawyer will require the payment of a substantial retainer up front, against which that lawyer's hourly rate and expenses will be charged. You should find out what that lawyer's hourly rate is, what the up front retainer will be, whether any portion of the retainer is refundable if it is not exhausted, and how often you can expect to receive invoices that detail their hourly charges and expenses. You also will want to know how detailed the invoices are. Once again, this is another area where you can get excellent information from those people who have been clients of that divorce lawyer.

Comfortable

While all the above issues are important, there is one final question you should ask yourself before hiring a divorce lawyer. Are you comfortable with that lawyer and are you confident in his or her abilities? If the answer is anything other than a resounding "yes," you should keep looking. Your case is too important to entrust to someone who does not inspire your confidence.

Scott Morgan is a Houston attorney who practices exclusively in the field of divorce and family law. He has practiced family law in Texas since 1994. For more information go to http://www.houstondivorce.com

Article Source: http://EzineArticles.com/?expert=Scott_Morgan http://EzineArticles.com/?How-to-Select-a-Divorce-Lawyer&id=5378

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Wednesday, January 28, 2009

Common Mistakes Seen by Divorce Lawyers

By Christine O'Kelly

Many clients often make serious mistakes before looking for divorce lawyers. These mistakes not only make the entire situation more difficult for everyone, but they can also change the outcome of the case. Here are some of the common errors made when a couple begins to separate.

Not Understanding The Gains And Losses

Divorce lawyers have new clients that come in with one of three expectations:
1- They expect to gain more from the separation than they should.

2- They expect to lose far more at the end of the case than they should.

3- They have no idea what they will gain or lose and are simply looking for direction.
Unfortunately, neither side will get everything they want, nor will either side lose everything. Try to start the situation as open minded and realistic as possible. If you are unsure, talk with your divorce lawyer.

Making Emotional Decisions

Individuals on both sides are involved in an emotionally charged situation. In many instances, it can be difficult to sort out reasonable actions from those originating in anger and hurt. These feelings lead to disagreements and wrong steps that can devastate the case. Never do anything without thinking it through rationally first. In many instances, you are better to talk it out with someone who isn't directly involved with the issue.

Working Against Yourself

Being anxious and worried throughout the case is normal, but interfering with a divorce lawyer's ability to do his or her job can be devastating. Once you have chosen your legal professional, allow him or her to do their job effectively. Help as much as you're needed, but don't work against your lawyer. You will not only make things more difficult, but you may also form holes in your case. If you are unsure about how to help your lawyer, don't be afraid to ask.

Examine The Paperwork

Since most people do not have the education necessary to make complicated legal forms and papers easy to understand, many individuals simply stack the papers from their divorce lawyer into a folder without examining them closely. Remember that mistakes can easily happen and that your attorney doesn't know everything about you. Always check paperwork over very carefully when you receive it to ensure anything incorrect is dealt with before it complicates matters.

Failing To Ask Questions

If you are unsure about anything your legal representative is doing, always ask. He or she will explain to you what it means, and why they have chosen to do things in a certain way. If you disagree, talk it over with him or her. Divorce lawyers in Chicago and those elsewhere in the country do their best to ensure they represent you as effectively as they can. However, they do need your patience, cooperation, and help if they are to do that efficiently. Being aware of some of these common mistakes is certainly a step in the right direction.

About the Author

Christine O'Kelly is an author for Votja Law, the practice of fierce Chicago divorce lawyer John C. Votja. For experienced and knowledgeable divorce lawyers in Chicago, clients facing any type of family law matter have relied on this powerful attorney since 1982.

Article Source: http://EzineArticles.com/?expert=Christine_OKelly http://EzineArticles.com/?Common-Mistakes-Seen-by-Divorce-Lawyers&id=1920010

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