Selecting an Attorney for Your Divorce or Separation

Selecting the right divorce lawyer is important to your satisfaction, the process chosen, and the cost. The practice of law is a melding of many disciplines and the practice of law has often been viewed as being closer to an art than to a science. There are perhaps as many styles of practicing law as there are lawyers. Fortunately, the Seattle area has many divorce lawyers, so you have the opportunity to choose the best one for you.

The following considerations may be helpful to assist you to find a lawyer who will be a good "fit" for you. Because the choice is so important, we recommend that you meet with several lawyers before making your final selection. The investment in time and money will be small compared to the cost of selecting the wrong lawyer for you. Unfortunately, there is no substitute for some research by you.

One resource for finding a good lawyer is word of mouth. Ask family members, friends, co-workers, and acquaintances if they can recommend an attorney. The overwhelming majority of new clients for most attorneys come from recommendations from former clients and other lawyers. Take such recommendations as a starting point — a lawyer or approach who was right for someone else may not be right for you. 

Here are some considerations to think about:

I. MINIMUM STANDARDS

A. Skill and Experience

A lawyer's skill can be important, and can be measured in a number of different ways. For example, the training and experience of a lawyer in an area of law may be an indication of skill. Law can be complex, and an attorney who is skilled and experienced in one area of the law (for example, criminal defense) may not be skilled or experienced in another area of law. Admission to organizations that maintain criteria for qualification can be an indication of the area of law in which they have interest.

As important as selecting an attorney who is skilled in a particular field of law (such as divorce law), it is also worth considering the skill set that is most important to you. For example, a lawyer who is skilled in litigation may not have the training or talent to settle cases without resorting to court. The opposite can also be true. Just as a divorce lawyer without training and experience in mediation may not have the skills to mediate or effectively facilitate a settlement discussion, a lawyer whose career has been focused on mediation may not have the skill set for litigation. If you are looking at resolving your case other than through litigation, it will be helpful to inquire what training and experience he or she has in non-litigation forms of dispute resolution, such as mediation or collaborative law, and his or her settlement philosophy.

Collaborative law is a very specific process, and uses several skill sets that require training to understand and experience to develop. For that reason, collaborative law training and experience is particularly important if you wish to use collaborative law, because it requires a significant paradigm shift for the attorneys. A list of collaboratively-trained lawyers is available at www.kingcountycollab.org.

B. Focus

Like other persons, lawyers' focuses vary greatly. For example, does the lawyer you are considering prefer to file motions with the court right away or to wait? Does the lawyer you are considering prefer to conduct formal discovery (information gathering)? Is the style of the lawyer you are considering hiring to minimize the use of the courts? These are only a few of the many focus differences between lawyers.

C. Ethical Complaints

All Washington lawyers must abide by ethical rules of the Rules of Professional Conduct, and are regulated by the Washington State Bar Association ("WSBA"). The WSBA investigates complaints against lawyers and can discipline lawyers.

You may wish to ask whether the WSBA has disciplined a lawyer. You can ask the lawyer directly, or you can obtain this information directly from the WSBA. Lawyer discipline (once final) is a matter of public record and you can search on the WSBA website to check. If a lawyer has been disciplined, consider the reason, and whether you are still comfortable having that lawyer represent you.

D. Communication

Do you understand what the lawyer is saying, and why? There is very little in the law (or elsewhere) that cannot be explained in a manner so you can make good decisions for yourself. If you have troubles truly understanding what the lawyer is saying or if it does not make sense to you, ask for clarification. If the lawyer is unable to do so, it could mean that the lawyer is unable to effectively communicate with you, or even that the lawyer does not understand the topic sufficiently to be able to explain it. Since communication with you and with others is so essential to providing legal services, you may wish to consider hiring another lawyer if you can’t understand what he or she is saying.

E. Availability

Will your lawyer be available to meet or talk with you on reasonable request? Or will you always be unable to speak with your lawyer except through secretaries or paralegals? (Remember that better lawyers are usually very busy, so some communications through secretaries and paralegals and some delay in setting up meetings will probably be inevitable.)

Who will be doing the actual work on your case? Will it be the lawyer with whom you meet? Will it be a secretary or paralegal? Will it be another lawyer altogether? You may wish to ask.

F. Honesty

A good lawyer will insist in honesty in all his or her dealings. A good lawyer will not do things "under the table", try to hoodwink people, or coach you to create “facts” that do not exist. If a lawyer you are considering appears willing to compromise his or her honesty or integrity in any respect -- even if supposedly to your benefit -- it is a sign that more may also be compromised. Leave immediately.

In order to make good decisions, you need good guidance. A good lawyer will not be a cheerleader for you, but will ask you probing questions to help you figure out what is most important to you, and give you an accurate and honest assessment of the issues in your case. 

G. Writing

Good lawyering requires good writing skills, if only to prepare a clear agreement that you can follow. A good lawyer is a good writer. Read the writing of your lawyer. While legal writing is not literature, it should be accurate, clear, grammatically correct, and without spelling errors.

H. Keeping You Informed

A good lawyer will keep a client informed. Ask every lawyer you are interviewing how he/she does that. Does the lawyer send copies of all documents to the client? Does the lawyer make periodic reports? If you have a question about a matter, can you discuss it with the lawyer? You should insist on remaining fully informed, because you will be unable to make good decisions if you are not.

II.  FAMILIARITY AND EXPERIENCE WITH THE TYPE OF CASE

Most people realize that the more that they know, the more they recognize they do not know. Just because someone is a "lawyer" does not mean that he or she knows anything about you, your family, or even your type of case. Before hiring a lawyer, you should ask the experience that lawyer has with your type of case.

A lawyer’s involvement in professional activities (such as being on committees or boards regarding certain areas of law) can be a sign that the lawyer cares about a particular area of law. If the lawyer cares, he or she may be better informed and may have better skills in that area. You may wish to ask a lawyer about his or her community and bar activities.

III. STYLE

Perhaps the biggest difference between attorneys is style. There are flamboyant lawyers and quiet ones. There are boasters and understaters. There are aggressive attorneys and passive ones. There are performers and there are scholars. There are listeners and also talkers. Lawyers can be oriented towards litigation or towards dispute resolution. An attorney's style does not necessarily reflect on his or her abilities, but a personality style will fit some cases and clients better than others.

When selecting a divorce attorney, look at his or her style. Do you believe you will be able to work with him or her? How do you think your spouse will react to that style? Select an attorney whose style is a good fit for you and your situation.

IV. FEES

Did the attorney fully answer your questions about fees? To ensure you completely understand, you may want to ask:

• What advanced fee/cost deposit, if any, is required, and is that likely to cover the entire cost? Is any part non-refundable?
• What is the basis for calculating the attorney’s fee (flat, hourly, etc.), including the specific rate and the measurement? For instance, is the hourly fee calculated in increments of one-quarter hour or one-tenth hour? Does the attorney charge a minimum for short phone calls and emails?
• What are the costs and expenses that you will be likely to pay, and are they marked up?
• What is the billing frequency (monthly, quarterly, etc.)?
• What is the policy of the attorney if you do not pay on time?

Most attorneys will not commence work without receiving a deposit. Ask whether the deposit is a separate retainer fee, or will be held in trust as security for fees.

V. ALTERNATIVES

If you cannot afford the fees of an attorney, some alternatives are available. Many family law resources are included on this site under "Family Law". Other resources include:

• Legal Services organizations provides free legal representation to qualified low-income individuals.
• Some Bar Associations (such as the King County Bar Association) offer free or reduced-fee legal clinics, classes, and some special programs for low-income persons.
• All counties have "Domestic Violence Advocates" at the courthouse ready to assist domestic victims.
• Become as informed about the law and the procedures as possible. King County Bar Association publishes information for persons who are not represented by lawyers, available here.  Follow other links in this web site for more information.
• Many lawyers and law firms have pro bono programs to offer legal services to the poor at no cost or a reduced rate. You may wish to call law firms for this service. The Law Office of J. Mark Weiss, P.S., performs pro bono work through organized bar programs only. A list of pro bono programs is available HERE
• Hiring an attorney to provide "unbundled" services, such as preparing only certain paperwork, or appearing only for one motion. Some attorneys offer such services, which can substantially decrease the cost of services.