Four Questions to Ask Your Divorce Lawyer Today
Being Your Own Advocate
Getting divorced is really difficult. This is the reason we need attorneys in the first place. But no attorney, no matter how good and no matter how much they prepare, will ever understand the details of your life as well as you do. It is up to you to ensure that you are communicating clearly with your attorney and that you are on the same page with them about the overal goals of the litigation and the general path to getting there. It's up to you to make sure your attorney has all the facts - how can they advocate for you if they don't know what's happening? The questions below are designed to help you to be a better client and to improve the communication with your current attorney or to lay the foundation for good communication with a prospective future attorney.
When's My Next Court Date and What Will Happen?
It may seem obvious, but you should always know when your next court date is. You may not need to do anything, or you may need to prepare in some way. In either case, you should be aware of (i) when it is, (ii) whether it is via zoom or in person, (iii) whether you need to appear, and (iv) what the expected outcome of the court date is. Keep in mind that the attorney often will not know what is going to happen. That is expected, and they should identify unknowns for you.
When Will My Matter Conclude and How?
Depending on the type of proceeding your attorney is helping you with, you may be unsure of exactly how it gets resolved. Your attorney should be able to explain to you in simple, clear terms that you understand how your matter will be resolved. The answer may be, "it depends," but you should at least have an understanding of the different possibilities. If you don't know where you are going, how will you help your attorney to get there?
How Often Can I Expect Communication From You?
Most lawyers are very busy. Most clients are also very busy. In a high-stress litigation environment, these two simple facts alone can make the attorney client relationship seem stressful. What may seem like a simple quick question to you, may actually require a detailed analysis and research, and your attorney probably has a number of other cases and some may have urgent deadlines. Whatever their method is for keeping clients in the loop, your attorney should be able to let you know what you can expect in terms of communication. Simply having this conversation can go a long way to managing expectations and improving the working relationship.
How Exactly Does Billing Work?
Because every legal matter has different facts and different parties, it is very difficult for attorneys to bill for their services in the same way that other businesses do. Many firms still rely exclusively on a "retainer agreement" where your initial retainer payment is held in trust for you by the attorney until they actually do the work and earn the fees. Some firms have different pricing models, and some have different variations on a "flat fee" agreement. Whatever details of the agreement, you know the basics about how billing will work and you should ask questions if you do not understand a retainer agreement or a bill. Some of the most important questions are:
- Who will be working on my case, and what are each of their hourly rates?
- How often will I be invoiced?
- Will I be notified when my retainer is depleted or nearing depletion?
- What is the range of total fees you estimate will be required to complete this matter?
- What factors could affect the total fees and is there anything I can do to keep fees low?
Communication is Key
No matter the type of engagement, it is crucial that you have good communication with your attorney. Asking the questions above can be a good start toward a better relationship with your current or future lawyer.