In this video, you can discover…
- What qualities to be on the lookout for when hiring a divorce attorney.
- How to determine an attorney’s high-conflict divorce experience.
- The roles of empathy versus practicality when selecting a divorce attorney.
What Are Some Of The Qualities I Should Look For In A Divorce Attorney?
When you are looking for a divorce attorney, experience will always be the quality you should take into account first and foremost. While this is not always the case, more experience generally means that an attorney is better suited to handle your case. For this reason, someone with 20 or 30 years of experience will be far more prepared to assist you than someone with one or two years of experience.
It would also be wise to consider working with an attorney who is experienced in working on behalf of clients with a similar background to you. For instance, if you earn a modest income, it may not be in your best interest to work with a lawyer who caters to high-income clients.
Aside from experience, reviews are also important to take into account when looking for an attorney. Reviews should not make or break your decision, but it can be very helpful to look at both positive and negative reviews on sites like Avvo and Google. This way, you can address any concerns related to negative reviews with your attorney directly. If your attorney responds negatively or defensively to your concerns, this could raise a red flag for continuing to work with them.
Another thing to look for in your potential attorney is objective qualifications. Objective qualifications are generally issued by major legal publishers such as Martindale-Hubbell and Thomson Reuters to rate attorneys based on their legal ability, ethical standards, and performance history. If an attorney has close to a 10.0 rating on Avvo or is rated a Super Lawyer on Thomson Reuters, this generally rates them toward the top of the field.
If your potential lawyer has sub-par ratings through objective qualifications, you, as a prospective client, should wonder why.
Apart From Experience And Reputation, What Else Should I Consider When Choosing A Divorce Attorney?
When you sit down with that attorney, do they look you in the eye? Are they attentive and sympathetic to your situation, or do they seem like they will rush through your case? You can get a lot out of taking into account how an attorney treats you during your initial consultation.
It is important to consider the caseload of your potential attorney, as you will become a part of it if you choose to work together. You can use nycourts.gov in conjunction with WebCivil Supreme or WebFamily to see a particular attorney’s caseload when it comes to divorce or family law cases. Several studies have shown that attorneys with a caseload higher than 70 or 80 cases are taking on too much.
When your case goes to court, you want to be sure you are being represented by an attorney who will look out for your best interests. Much like with the caseload, you should speak to your attorney about whether or not other lawyers will be assigned to your case. This way, you can avoid any surprises by opening and maintaining lines of communication with everyone who is assigned to your case.
Additionally, you should look into any awards or certifications the attorney may have that could benefit your case. For instance, if your case involves a financial analysis, you would greatly benefit from working with an attorney who holds certified financial litigator status with the American Academy of Certified Financial Litigators. Not all of these qualifications are necessary, but it is important to do your due diligence before hiring a divorce attorney.
How Can I Evaluate The Communication Skills Of An Attorney During An Initial Consultation?
Oftentimes, the events leading up to the consultation (as well as the events that follow) will help you to thoroughly evaluate an attorney’s communication skills. For instance, if you notice a pattern of difficulty in getting anyone on the phone, this could be a red flag for poor communication skills. If you find it difficult to get in touch with and receive straight answers from a law firm you are considering working with, you may want to question if they are best suited for your situation.
You can also take what happens after your consultation into account when determining the communication style of a potential attorney. Does the attorney establish a clear timeframe in which you will hear from them? Do they stick to that timeframe and communicate clearly when they follow up with you?
If you fail to hear from a lawyer for a number of days and have to reach out to follow up after your consultation, this could be a red flag. If you have a consultation with a firm that consistently follows up to ensure you have received any updates and quotes in a timely fashion, this shows dedication to the success of your case.
How Can I Gauge An Attorney’s High-Conflict Divorce Experience?
In my experience, the best way is simply to ask. For instance, if your assets are worth millions and your income is in the high six figures, you can ask an attorney how many cases of this size they have worked on. While your attorney can not divulge the names of clients they have worked with, they should be able to share how many cases of a similar nature they have worked on before.
It is also important to consider how an attorney responds to these questions. If you ask how many cases of a particular nature the lawyer has worked on and they are unable to provide information about the facts of a case, it is possible that they have not taken any cases similar to yours.
Attorney David Bliven is a seasoned lawyer based in New York who has helped countless clients just like you navigate the intricacies of divorce law. With nearly 30 years of experience, he is prepared to help you navigate your case with confidence so that you can get back to focusing on your future.
Still have questions? Ready to get started? Contact the Law Offices of David Bliven today to schedule an initial consultation.
What Red Flags Should I Be Aware Of When Looking For A Divorce Attorney?
Two prominent red flags that can be easily researched online are negative reviews and the lack of any published articles or books in their field. Ideally, the lawyer you choose to represent you should have a history of positive reviews from clients and a series of reputable publications. Another red flag to look out for is an ultra-high caseload.
There are a number of attorneys in New York who are public defenders in addition to being private attorneys, commonly referred to as 18B lawyers. 18B lawyers are known for having excessive caseloads (particularly in the greater NYC area), sometimes receiving five or more new cases per month (each of which can each go on for years).
These attorneys are working hard but are often overwhelmed, meaning they may forget court dates or have trouble with consistent communication. It would benefit you to ask the attorney if they are on the 18B panel during your consultation so you can assess the full scope of their caseload.
It is important to keep an eye out for telltale signs of overwhelm, unresponsiveness, and other red flags that could pop up before or during your consultation. Both objective and subjective factors can play into determining whether or not an attorney is right for you to work with, so use your intuition and ask the right questions.
Is It Important To Work With An Attorney Who Is Familiar With New York Courts?
Choosing to work with an attorney who is licensed in New York is essential, but it is also important to hire an attorney who is familiar with your particular area. In other words, you would want to hire a lawyer with an office in Westchester County if that is where your case is based.
It is also important to consider that many law firms will bill you for commute time, meaning that hiring an attorney who lives in Manhattan to work on a case in Westchester will ultimately cost you more money due to hidden commute fees. An attorney should let his/her clients know during an initial consultation whether they will charge for commute time to avoid any surprises.
Additionally, a local lawyer will have better relationships with Judges and be more familiar with local regulations, which can change from county to county in New York. Since there are both written and unwritten rules that apply to different jurisdictions, it would benefit you to work with an attorney who is familiar with the area where your case is based. This can ultimately save you time and money while putting you in a better position for success.
How Do I Balance Quality And Cost When It Comes To Hiring A Divorce Attorney?
Better attorneys will naturally charge more for their services. It would be wise to have an honest discussion with your attorney about your budget as well as your financial situation. This not only opens the door to discussing payment options, but it can also help to avoid frustration on both ends of the equation in the event that you cannot make your retainer payments.
You can discuss different ways to keep costs down and create payment plans, but it is important to have this discussion upfront. For example, discovery is a major point of concern for those looking to cut costs, as many clients accidentally submit discovery that is incomplete and requires multiple follow-ups, each billed to you as the client.
In certain cases, you may want all of the communication with opposing parties to be handled by your attorney. This can quickly become expensive, and I often advise against this if you have financial constraints. In these cases, it is best to attempt having any discussions with opposing parties directly prior to relying on your lawyer for communication.
What Are The Disadvantages Of Choosing An Attorney Solely Based On Their Fees Cost Structure?
If you choose an attorney simply based on their pricing, you are not guaranteeing that they are qualified to handle your case. It is possible that you could work with a lawyer who has a nice office in Midtown Manhattan and charges exorbitant fees but gets most of their clients from Google ads and is not fit for your needs. Just because an attorney comes with a high price tag does not mean that they are a good choice to handle your case.
However, it is important to take pricing into account as much as any other factors. Some lawyers will charge several hundred dollars more per hour simply because they have a few more years of experience. While experience is an important consideration, it doesn’t warrant such a staunch increase in price. It would not be advisable to hire a divorce attorney solely based on their pricing structure without taking into account other factors such as experience and proactive communication.
Does Empathy Play A Significant Role In Choosing The Right Divorce Attorney?
I view it as a red flag if an attorney is more worried about the financial aspects of your divorce than they are about the emotional toll it has on your life. For instance, if you are attempting to explain the emotional trauma of walking in on your partner sleeping with someone else and your attorney is only focused on your income and assets, that should be a sign that something isn’t right.
An attorney who shows empathy will try to listen and support you emotionally while helping you navigate the legal minefield of your divorce. Even by encouraging therapy and providing resources for recovery, your attorney can play a pivotal role in helping you rebuild the confidence that you need to navigate your case.
Working with a lawyer who is empathetic toward your situation will not only help you to feel supported and understood but is also a wonderful sign that your lawyer will fight to protect your best interests while you are at your most vulnerable.
Still Have Questions? Ready To Get Started?
If you need more help Choosing The Right Divorce Attorney In New York, an initial consultation with the Law Offices of David Bliven could be your next best step. Get the information and legal answers you are seeking by calling (914) 362-3080 today.