The Initial Consultation with a Divorce Lawyer
Choosing the right lawyer for your divorce is the single most important decision you will make. The initial consultation can be daunting; especially if this is the first time you have spoken to an attorney. Knowing what to look for and expect during a consultation can go a long way in deciding whether or not to retain an attorney.Initially, the lawyer must provide you with a statement of client’s rights and responsibilities. You will probably have to sign a copy to acknowledge that you have received a copy of it. This mandatory statement is a brief outline of the rules which apply to lawyer retainer agreements.
The lawyer should also explain about the attorney-client privilege. Any communication between a client and a potential client is confidential; that means even during an initial consultation, the privilege protects the client’s statements from being disclosed.
The lawyer should let you speak. While there are specific pieces of information that a lawyer must obtain during a consultation, a lawyer who simply jumps to asking questions may be the kind of attorney who doesn’t listen to his or her client. If you can’t express yourself during the consultation, there is a significant change you won’t be able to do so as the divorce progresses. However, a good lawyer should be able to identify key issues, and may very well cut in while you speak to obtain additional details.
At some point, the lawyer should explain the basics of the divorce process. An explanation of how to commence a divorce, the purpose of the complaint and the answer, the discovery process, and a rough timetable of each phase of the divorce. The lawyer should identify the most obvious issues you are facing such as grounds, custody, child support, spousal maintenance and the division of martial property. Discovery issues should also be discussed as well, and should include any potential difficulties you could expect in obtaining the necessary information for your case. Optimally, the lawyer should give a rough estimate as to how the court would decide each issue, ranging from best case, worst case, and most likely case, along with the factors that could influence the ultimate outcome for each issue as the case progresses.
Legal fees should also be discussed up front. The lawyer’s hourly rate should be clearly stated, as well as the amount of the initial retainer, plus any other expected costs necessary for your case.
Unless there is a time sensitive deadline, such as you have already been served with papers, beware of a lawyer who appears to pressure you to retain them right away.
By the end of the consultation, you should have a fairly good idea what the important issues are, what the applicable law is, and what your rights and obligations are. Optimally, you should be presented with various options as to how to approach your case, although this is fact specific. Most ethical lawyers will provide a sample retainer to potential clients for their review prior to being retained.
Finally, whenever possible, speaking to more than one attorney is always a good idea if possible. Many people with attorney problems are those who simply retain the first lawyer they speak to.

