The Initial Consultation

Whenever legal issues arise, it is important to meet with an attorney in order to insure you have a thorough understanding of those issues and whether or not your goals and expectations are realistic. Even if your case is straightforward, an initial consultation can clarify points you may not have considered and provide guidance in avoiding actions that may have a negative impact. If you ultimately choose to represent yourself, consulting with an attorney will likely help you to do so more effectively.

Many spouses avoid attorneys out of fear that they will disrupt, complicate or destroy their nice amicable divorce. However, attorneys differ in their approach and the best lawyers understand the value of maintaining good will while guiding you through potential pitfalls to a settlement that truly meets your needs.

The Cost of Consultation

Some attorneys charge for an initial consultation; others may be willing to answer questions over the telephone or in person without charge. However, in order to give sound legal advice, an attorney should speak with you at length about the details of your case and tailor that advice to your specific needs. In my experience, a thorough consultation typically requires approximately one hour.

If you have children, the initial consultation is even more essential because the divorce will affect their interests too. In addition, the more property and debts at issue, and the larger the potential for spousal maintenance, the more important the consultation becomes.

The Content of the Consultation

An initial consultation should provide you with a "road map" of where you are, where you're going and what your legal rights and obligations are. If you plan to proceed without an attorney, it is even more important that you begin with an informed understanding of your rights, interests, and obligations.

During an initial consultation, the attorney will discuss applicable issues of law and how they apply to the specific facts of your case. By the end of the consultation, you should understand the issues of your case, the costs of retaining counsel, and the risks of each approach (including but not limited to representing yourself, mediation, collaborative divorce and traditional litigation). Whether or not you ultimately retain an attorney, I believe you should make no major decision without first obtaining the advice of counsel. Your case may involve issues that will impact you and your children for years. Therefore, it is essential that you understand the challenges you face before attempting to resolve them.

Be sure you are comfortable with any attorney you retain. There is nothing wrong with insisting on a second or even third opinion, just as you would if a doctor advised you to undergo surgery. It is better to begin with the attorney who is right for you than to realize in the middle of your case that you chose one who is not.

Since the attorney-client relationship depends so much on personality, no attorney is right for every client. You will not insult lawyers with whom you consult if you decide to "shop around." Few attorneys want to represent clients who are likely to be uncertain or unhappy with their services.

As in the case of any contract, be sure you read and understand the retainer agreement. Do not be afraid to ask questions. If you have another attorney whom you trust, consider asking him or her to review the proposed retainer agreement before signing.