Choosing the Right Divorce Lawyer Is More Important Than You May Think

Has your family law lawyer given you a clear outline of your rights and responsibilities?

There is a lot of misinformation online and even among families and friends. You want to make sure that your divorce attorney clearly outlines what you are to expect.

Does the lawyer specialize in family law matters?

You want a person who identifies as a family law attorney, not a “jack of all trades.”

How many family cases have they handled?

You want to know if they have a successful law practice that focuses on family law.

Have you looked at any online reviews for this lawyer?

Top family law lawyers are rated everywhere by former happy clients. One place to check is Google where you can usually see reviews for the company. (This link shows you reviews for my practice; Pathway Legal in British Columbia).

Will the lawyer go to court if it is necessary for your case?

There are rare occasions when going to court is necessary. Find out if your divorce attorney will go in to bat for you, if necessary.

How long does your family law lawyer take to get a case from start to finish?

For almost everyone, having your family matter unresolved is very stressful. This is why you want to ensure that your divorce attorney is an organized lawyer who will be able to pay the right amount of attention to your matter to see it resolved.

Efficient divorce attorneys ensure that your case gets concluded without wasting valuable time.

Has your family law lawyer explained the various processes available to resolve your matter (other than going to court)?

• Have they discussed options such as collaborative law and divorce mediation?
• Have they explained the advantages of divorce mediation and the disadvantages of divorce mediation?
• Have they discussed other alternatives to divorce court, such as four-way meetings, mediation/arbitration, and arbitration?

You want to make sure they have provided clear options and direction about how to move forward.

When getting divorced, you know you are choosing the best family divorce lawyer if they are trained in dispute resolution. Some lawyers for family law have extensive dispute resolution training, way beyond what law school taught them. Your family law lawyer must have this additional training if they will be any good.

Dispute resolution training teaches lawyers to be non-combative, which is good for you and your changing family. This means you resolve your matter quicker, better, faster, and with less money spent lining the pockets of the divorce attorneys involved.

So many people think that hiring a bully lawyer is the correct answer. It isn’t. People who hire bully lawyers go to court much more often.

Has your lawyer described the difference between divorce litigation and mediation?

Often, parties getting divorced think divorce litigation is a better idea than divorce mediation.

At the Better Divorce Project, we disagree. The other options like mediation, mediation/arbitration (also known as med/arb), and arbitration are specifically geared to resolve your divorce matter effectively and for less time, investment, and stress. If your divorce attorney has been trained with these skills, this is a step in the right direction when choosing the right divorce lawyer for your situation.

How often do they take cases to mediation or other dispute resolution processes other than divorce litigation?

When divorce mediation doesn’t work, you can still litigate, but as we said, avoiding court can be the best thing you do for your kids, your finances, and your sanity.

Are the lawyer’s billing practices clear and transparent?

Nothing is worse than getting a bill from a lawyer you were not expecting. You want to ensure they have explained the average cost of divorce mediation compared to divorce litigation. You want to know what you are being billed for and how much.

Does your lawyer offer flat fees as an option?

Sometimes it is excellent to know what it will cost from the outset. Many divorce lawyers are starting to recognize that clients love flat fees and are incorporating them into their practice.

Do they charge for your legal assistant’s or paralegal’s time?

Paralegals cost less money than lawyers, and they can do a lot of the leg work on your matter. Find out if your lawyer utilizes a paralegal’s skills.

What is the average cost of this divorce lawyer?

The best divorce lawyers can answer this question for you. When going through a separation and divorce, people want to know at least an estimate of how much it will cost overall.

What is the lawyer’s preferred method of communication with you (email, phone, in-person, virtual meetings)?

You want to ensure you are clear regarding how you will communicate and in what time frames,  and that you will be kept appraised of what is happening with your family law matter.

Top-rated divorce lawyers keep you in the loop. They have a system that provides you with copies of all documents, letters, and filed court materials. Will your family law lawyer do this?