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Interviewing a Divorce Lawyer

You can learn a great deal just from talking with a prospective lawyer on the phone. Ideally, you should find an attorney before you separate. He or she can advise you on the divorce laws of your state regarding child custody, support and the significance (if any) of moving out of the marital home.

Make note of the following aspects of your phone interview:

  • First, did he or she return your call promptly? You need someone who is responsive to your needs.

  • Does he listen to your questions and answer them to your satisfaction?

  • Does she seem rushed and impatient with your inquiries?

  • Is the tone of voice cold? Vague? Distracted?

  • Are her responses worded in lofty legalese or in people talk?

Jot down your impressions, and include the following questions in your conversation, again making note of the answers:

  1. What is your hourly fee?

  2. How is that fee paid, i.e. is there an initial retainer? When is that paid and how much is it?

  3. If I pay the retainer and wind up changing attorneys before I've used up the retainer, is the remainder refundable?

  4. Can we sit down for an initial interview free of charge?

  5. If not, what is the charge and will it be applied to the divorce costs?

  6. Will I be working with you or will an associate handle my case?

Set aside a section of your spiral notebook [or use the corresponding pages in The Basic Divorce Workbook ] to record each attorney interview, otherwise you're bound to get confused over who said what when. And there's already enough confusion to go around, don't you think?

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