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Family Law Attorney Amy Wirtz is trained
in collaborative approaches to resolving
divorce and domestic relations issues. She
can be reached at 440.363.1313 and
awirtz@skirbuntlaw.com.
The Center for
Principled Family Advocacy,
www.famad.com
In
Ohio, any licensed attorney can file and
process the termination of your marriage.
How well you are represented depends on your
attorney’s domestic relations experience and
training as well as their dedication to
customer service.
Choosing the right lawyer to handle the
termination of your marriage determines how
comfortable you will be during what might be
the most stressful time in your life. It is
not an exact science. But asking the right
questions improves your chances of making
the best of a difficult process.
As
with choosing your doctor, accountant or
financial advisor, the individual with the
highest credentials may have terrible
communication skills and never return your
phone calls. Your attorney is your employee.
He or she should be ready, willing and able
to give you excellent service and
knowledgeable advice.
Personal referrals from family and friends
are a good way to start. Your needs,
preference and style are likely to be
different. Research and the right questions
will help you choose the attorney right for
you.
Interview, discuss costs,
then choose
When scheduling your initial appointment,
ask if there is a fee for the initial
consultation. In Ohio, this can vary from
zero to the full hourly rate the attorney
charges.
Always ask about fees when scheduling your
initial consultation. You don’t want to
waste time interviewing an attorney you
cannot afford. Ohio does not permit
contingent fees in divorce cases nor can the
fees be based upon results. Ask if the
attorney has a minimum fee.
The cost of your attorney is just one
expense. You must also pay court costs,
which vary from county to county. Depending
on your case, you might also be responsible
for appraisal fees for real estate and other
assets and accountant and consultant fees
for business appraisals. In child custody
cases, you could also pay psychologist and
guardian ad litem fees.
A good match is more than
money
Once you have determined you can afford an
attorney, you need to determine if the
lawyer’s approach and philosophy matches up
with you and your case. Choosing an attorney
known for combatively litigating divorces
does you little good if you intend to settle
through one of the many alternative dispute
resolutions processes.
Additionally, you need to ask about their
policies regarding client contact. The
relationship will be strained if you want to
be kept in the loop and your attorney is a
“leave it to me” professional. One approach
is not necessarily better than other. What
matters is what works for you.
Look for an attorney who
gives you more choices
If
you want to reach a livable agreement with
your spouse, it is imperative that the
lawyer you are hiring is trained in multiple
alternate dispute resolution techniques.
Only 1 in 10 divorces goes to trial. It
might be the right choice for you. Usually
it is the most costly and unproductive way
to get divorce.
Why? The closer you come to litigation, the
more other people make decisions for you. A
lawyer trained in collaboration, mediation
and arbitration gives you more choices and
more control. That makes it more likely he
or she can help you and your spouse get
through the inevitable impasses couples
confront when ending their marriage.
Questions to ask
Each of the questions listed below is
designed to determine if you and a lawyer
are compatible.
1.
What is your hourly rate and minimum
cost per case?
2.
In what time increments do you charge
a client?
3.
Do you take retainers or charge a fee
for service?
4.
How often do you send itemized bills
to clients?
5.
What if I run behind on paying my
bill?
6.
Will I have to pay for my spouse’s
legal bills or will he or she have to pay
any of your expenses?
7.
Will expenses be taken out of the
initial retainer or billed directly to me?
8.
Will there be legal assistants or
paralegals working on my case? What rate do
you charge for his or her time? What kind of
services do you bill for assistant time?
Speaking to me on the phone?
9.
Which counties do you usually
practice domestic relations law in?
10.
What continuing education have you
had on family law issues?
11.
What is mediation? Do you recommend
clients try mediation? Are you a trained
mediator?
12.
Who is your assistant and how much
contact will I have with him or her?
13.
What are the various ways clients can
contact you?
14.
What is your policy on returning
phone calls?
15.
To which professional organizations
do you belong?
16.
Have you received the Ohio
Specialization in Domestic Relations Law?
(This is new in Ohio. There are many good
attorneys who have not yet elected to
receive this additional crediting. This
accreditation only signifies that the lawyer
passed a test and attended a certain number
of continuing education seminars which only
focus on family law and related issues.)
17.
Are you a graduate of any advanced
trial practice seminars?
18.
Will other attorneys be assisting you
in my case? If yes, ask how much each
attorney will charge and what he or she will
be doing.
19.
Are you a member of the Center for
Principled Family Advocacy or other group
that promotes alternatives to litigation?
How many cases have you handled through ADR?
Have you been successful in resolving the
cases outside of court?
20.
Are you trained in collaborative law?
Why would someone agree to participate in a
collaborative process versus going to court?
21.
Do you know what principled
negotiations are? How does this differ from
collaborative law?
22.
Do you have counselors and
psychologist that you work with?
23.
If my spouse will agree to a
“process”, is there a lawyer you recommend
he or she interview?
24.
What happens if my spouse and I agree
to everything but one issue?
25.
How many cases have you handled that
have actually gone to trial?
26.
How many cases have you handled in
front of this Judge__________.
27.
Do you have accountants you work with
to determine and clarify the taxable
consequences of the separation agreement?
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