Q: How do I know which attorney to hire?
 
A: First, you want to find an attorney whose practice is primarily in the area of family and matrimonial law. You wouldn’t ask a dermatologist to perform brain surgery, so don’t be afraid to ask a lawyer how experienced he/she is with family law matters. In addition, an experienced family law attorney is cheaper, because he or she won’t charge you for “research” that a non-specialized attorney might have to perform.
 
Second, you want the attorney to be familiar with the court your case is in. This doesn’t mean the lawyer has to be a drinking buddy, but every judge and every county has their own way of doing things. It is obviously better if your attorney is familiar with those practices.

Third, you want an attorney who believes in you and one who you believe in and trust. You will want your attorney to listen to what you have to say and be sensitive to your needs. If you are uncomfortable with the lawyer, don’t hire him or her; on the other hand, you are looking for an advocate that you can rely upon and trust, but not necessarily a “friend” who will “feel your pain.” You don’t want someone who is going to tell you what you want to hear when it’s not good advice.

Fourth, if a lawyer promises you the world, walk away. Nothing is certain in family law; there are too many variables. You want an attorney who will level with you and who will honestly assess your case and give you his or her honest opinion as to what you can expect to happen.

Finally, and most important, you will want an attorney who will stay with you throughout the proceeding from beginning to end. You don’t want to be passed off to someone else in the office who may not be as familiar or experienced as the attorney that you met with originally. You also don’t want to have to retell your story over and over again, and have the experience of paying for the privilege.

Q: How do I know which lawyer’s prices are better? Some want more money up front. Some want more per hour. How do I know who I can afford?

A: Price is an issue, but not the most important issue. Paying more money per hour (or a larger retainer) will not guarantee better representation. Often you are paying for an attorney’s reputation or celebrity. It gives you no assurance that the person you hire will actually be the attorney who handles your case. In all cases you will have a Retainer Agreement with your attorney in writing; you should also have a statement of your rights as a client – the law requires that. It is customary to pay a retainer fee in advance – how large a retainer fee you pay is not all that important. Attorneys vary as to how much they require “up front” but that’s not as important. In most cases your final cost will exceed the amount of the retainer (the amount of money you pay in advance). Generally, your attorney will set an hourly rate for his or her services. That rate can range from $125.00 per hour (in upstate rural counties for less experienced attorneys) to as much as $700.00 per hour. Paying a larger hourly fee will not necessarily guarantee you a better attorney; however, like most things in this world, you get what you pay for.

Q: How much will it cost?

A: Ethical rules in New York require an attorney to provide a “good faith” estimate of the fees a client can expect to pay, but it’s one of the most difficult things an attorney is asked to do. The story I tell my clients is about the guy who hops into a cab and asks the driver “How much?” The cabbie turns around and says: “Where to?” But the guy wants the price before he tells the cabbie his destination. That’s the quandary the lawyer is in. An experienced lawyer can tell a prospective client the minimum that can be expected, but the maximum will depend on “the other side” – whether the case is settled or tried, the attorney on “the other side,” and the judge. You can help an attorney give the best estimate by being honest in assessing the issues and the relationship you have with your “ex” or former partner.

Q: Are there ways I can keep my fees down?

A: Yes. Communicate efficiently with your attorney. Email is great; your attorney can read it when it is convenient and when he or she has enough time to respond (as opposed to unscheduled phone calls). Keep notes and records. Make outlines. Respond promptly to questions from your attorney. Insist on detailed bills and review them promptly after you receive them. If you have questions about your bills, ask! Pay your bills promptly, and if you can’t, be honest and tell your attorney your situation. Lawyers are people too. They are subject to their own expenses and cash flow pressures. Their landlords expect to get paid each month regardless of whether their clients are paying, so if you can’t pay, don’t ignore the problem – confront it. Unless money is no object, be careful where several attorneys will work on your case. This sometimes leads to a lot of “intra-office conferences” which you will be expected to pay for, and which usually simply means that one attorney is telling the other what is going on in the case.