Divorce cases are often won or lost because of the lawyer involved. Are there some obvious and not so obvious red flags that you hired the wrong lawyer? Absolutely. Here, are some to consider:
- Unresponsiveness. One obvious red flag waves when telephone messages or email are repeatedly ignored. If your lawyer doesn't respond within a reasonable time, you can assume one of two things. 1) The lawyer is too busy to give proper attention to your case, or 2) the lawyer does not care about you nor your case.
- Excessive billing. Bills for legal services that seem unreasonably high may be a red flag that you are being overcharged or charged for services not actually performed. Signs of excessive billing include charging for attempted phone calls, charging for every contact regardless of the content or length of the communication. Some lawyers bill for time spent by support staff taking messages or making photo copies. Check billing statements for accuracy and reasonableness.
- Clueless of the specifics of your case. While many divorce issues are similar, no two cases are identical. Lawyers have an ethical obligation to appreciate and understand the specifics of each case. When you are asked the same questions repeatedly, chances are your lawyer does not have a grasp on your individual needs.
- Unversed about local court practices and procedures. Every jurisdiction has unique procedural nuances. Unfamiliarity with local practices and procedures suggests limited experience.
- Lacks compassion. In all likelihood, your divorce is not the only matter your attorney is working on. However, you should be treated as more than a case file number. There should be a showing of compassion.
- Inappropriate emotional investment. There is a fine line between empathy and becoming emotionally invested. Lawyers should never cross the line. Be wary if your lawyer behaves as though they are a party to the divorce.
- Condescending. While you may be unfamiliar with the legalities of divorce, you should not be spoken to or treated in a condescending manner. Be aware of the manner in which your attorney interacts with you. Being treated in a rude or condescending manner is never appropriate.
- Bullying. During the divorce process numerous life altering decisions are made. Many of these decisions will affect you for a very long time to come. Although improper and wrong, some unscrupulous divorce attorneys bully or shame clients into making decisions, decisions which are often wrong. Don't fall prey to this tactic, decisions you make during the divorce process will have long term affects and consequences.
- Antagonistic toward opposing counsel. Opposing counsel will invariably disagree and often become quite contentious. However, when disagreements escalate and become personal between the lawyers the focus shifts away from the clients. Lawyer should put their personal differences aside and keep the focus on the clients.
- Lacks candor. Lawyers are obligated to present and discuss all reasonable settlement proposals received from the opposition. As a way to drag the process out and keep fee clock ticking, some lawyers will without consulting the client, unilaterally refuse offers of settlement.
- Your instincts are perhaps the biggest red flag of all. Trust that inner voice. If you think something is amiss, it probably is.
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Remember at all times as a divorce client that you are a source of profit for your divorce lawyer.
To the divorce lawyer, you the client will come and go (unless you can afford to continue to file motions for you. What you have paid in legal fees will not be available to you later as you try to (re)establish your life; it won't be available for your children, who may need orthodontic care, school/college tuition, etc.
One of the best comments that I have ever seen in this forum recently outlined the fundamental point of how the divorce industry works and (though with no citation) I'll repeat the point here:
In a divorce, the marital assets are divided into two portions -- the portion that will go to the divorce lawyers/divorce industry and the portion that the divorcing spouses (and their children) will keep.
BILLING- Always read your fee agreement. Have a clear understanding of billing regarding emails/phone calls. Keep fees down by saveing questions to send 1 email/call. Involving the attorney in personal conflicts with the other side will sky-rocket your fee bill. An attorney should never bill you to discuss billing ques.
SPECIFICS- Your attorney should know the specifics of your case at a hearing or conference. Knowledge of every detail all of the time is not realistic.
COMPASSION- You have hired the attorney to be your lawyer - not your friend. Expecting compassion is reasonable, but do not expect a therapist.
Another advantage of mediation is that it puts you and your ex on the same team, making a plan together. If you have minor children, it is important to have a good foundation for constructive co-parenting. Adversarial litigation makes you enemies. That is not good for your kids.
That lawyer is now a judge.