When her estranged husband stopped paying the bills, the Winnetka businesswoman knew she needed a divorce lawyer. She hired a lawyer recommended by a friend and gave him a $5,000 retainer. Three months later, she realized she had made a mistake.
“He was patronizing, and he did not involve me in the case. He filed the divorce papers, but I still had not received any money from my husband. I felt like nothing had been accomplished,” she said.
She fired the lawyer, but he kept the retainer to offset his fee of $5,700 for the work he had done.
Smart consumers know the advantages of doing their research and shopping around when purchasing expensive goods. But people who are caught up in the emotional turmoil of divorce and faced with an unfamiliar legal system may not realize that level-headed comparison shopping is also important when hiring a lawyer.
“I didn’t take the time to interview other lawyers,” said the woman, whose divorce was completed by another attorney. “If I had, I would have saved a lot of money, time and frustration.”
“Being an informed consumer is the best way to avoid problems,” said James Grogan, chief counsel for the Illinois Attorney Registration and Disciplinary Commission. Grogan said there are many factors to consider in hiring an attorney, but the keys to a good attorney-client relationship, especially in a divorce case, are communication and trust.
Grogan’s agency receives more complaints about divorce lawyers than about lawyers in any other type of practice. “The No. 1 problem is lack of communication,” said Grogan.
And communication involves more than whether a lawyer returns phone calls. It takes finding a lawyer whose personality is compatible with yours, who understands the needs of your case and who explains how it will be handled and what it will cost.
Begin by talking to mental health counselors, accountants, financial planners and lawyers who frequently work with divorce practitioners, advised James Feldman, who heads the domestic relations practice at Jenner and Block. These professionals know which lawyers have reputations for honesty and integrity.
Ask divorced friends, family members and business acquaintances for recommendations. Remember, though, each divorce case is unique. Your friend may have “gotten everything” in her divorce not because of her lawyer’s skill but because her spouse was so eager for the divorce that he asked for nothing, said Karen Quandt, a Wilmette divorce lawyer.
There are also lawyer referral services operated by bar organizations and professional groups that can refer you to a divorce attorney, usually for a small fee. Ask what standards a lawyer must meet to be included on the referral list. Some referral services screen the lawyers for experience and competence, but many have only minimal requirements.
For all but the simplest divorces, consider only lawyers who specialize in domestic relations cases. “Divorce involves more substantive law than people realize,” said Dorene Marcus, a Chicago divorce lawyer since 1978.
Once you have the names of several divorce lawyers, arrange interviews with them. Some provide free initial consultations. Others charge a reduced or a flat fee.
“Many good lawyers charge an initial consultation fee,” said Jane Lionberger, executive director of The Lilac Tree, an Evanston organization that provides counseling and lawyer referral for women going through divorce. “You may spend a few hundred dollars interviewing lawyers, but every time you talk to someone you learn something that helps you choose the lawyer best suited to your needs.”
Before your consultations, assemble as much information as you can about the marital finances. If you have been served with any legal papers, bring them to the consultation.
During your consultation, ask about the lawyer’s background, trial experience and attitude toward mediation. Find out if the lawyer represents both men and women. Ask how the lawyer would proceed in your case and what the probable outcome will be.
Marcus described a wide spectrum of divorce lawyers.
“At one extreme are those who do not want to litigate They prefer mediation and sometimes will not even handle contested cases. At the other extreme are the lawyers who want to litigate every issue. This is costly for the client,” she said, adding that most divorce cases are settled before trial. Most divorce lawyers fall somewhere in between.
Beware of lawyers who guarantee results, cautioned David P. Pasulka, who chairs the Chicago Bar Association’s Matrimonial Law Committee.
“Too many lawyers promise more than they can deliver. You want a lawyer who will be honest with you and tell you both the good and the bad,” he said.
Discuss fees and retainers, which vary widely. The fees range from about $125 to $350 an hour. Retainers start at $1,500 and can run more than $10,000 depending on the complexity of the case. Ask about other expenses such as court costs and expert witness fees. How will you be billed for short phone calls? Will you receive itemized monthly statements so you can monitor costs?
It is essential that you and your lawyer have a strict understanding about fees and a written retainer agreement, said Pasulka, adding that unearned portions of the retainer are refundable if the lawyer is later discharged.
“Don’t let a lawyer tell you not to worry about fees because your spouse will have to pay them,” said Pasulka. “Judges rarely order one spouse to pay all of the other spouse’s fees. Ultimately, clients are obligated to pay their own lawyer’s fees.”
Ask who else will be working on your case. The senior partner you interview may plan to assign the case to associates or paralegals with lower billing rates, but you may want to specify that the partner handle important hearings and negotiations.
Your divorce lawyer will see you through one of life’s most stressful, confusing and emotion-laden transitions. For this you will likely pay thousands of dollars in fees. Even the best lawyer cannot make divorce a pleasant experience, but the wrong lawyer can make matters worse.
