ASK ANGIE^TM
By Angela Hallier, Esq.
Answers to your divorce and family law questions

Q I need an attorney for my divorce. How do I find the right one for my case?

A The practice of law has become very specialized, with attorneys practicing in discrete areas of law, sometimes for their entire legal career. I recommend you focus your search on those attorneys whose practice is primarily in family law. You can start by contacting an attorney you may know - whether professionally or personally - whatever their area of practice. Most attorneys have a preferred list of attorneys in other areas of practice to whom they regularly refer clients. Friends and family can also be a resource, particularly if they have worked with an attorney recently and were pleased with their representation. Finally, the state or county bar associations can provide you with referral information. The State Bar of Arizona provides specialization certification in the area of family law. While this is not to say that attorneys without this certification are not as well qualified, the certification does indicate a high level of expertise in family law practice.

Don’t expect free advice over the phone when you call. Most attorneys will want to schedule an appointment for an initial consultation and many will charge for this time. As in life in general, "you get what you pay for" can be especially true in the area of legal services. The hourly rates of attorneys differ, as they should according to an attorney’s level of expertise and experience. While not every case necessarily warrants payment of top hourly rates, the facts of some cases do demand such "top drawer" legal advice. The more you understand about the complexity of the issues in your case, the better you will be able to determine the level of expertise your case requires. For example, an attorney with just one year of family law experience may be well-qualified to help you with a simple divorce action (and you’ll pay much less per hour), while a more complex case (such as those with multiple business interests) should be handled or overseen by a more seasoned attorney, and worth the additional fees.

Come to your attorney meeting prepared to discuss financial matters. Before your consultation, make a list of specific questions you have and bring an inventory of your separate and community property, bank and investment accounts, other assets, debts, mortgage balances, and your most recent few years of tax returns if available. Make sure you bring a copy of any pleadings that have been filed, such as a Petition for Dissolution or Response. If an Order of Protection has been issued, bring a copy. If you and your spouse have made any agreements between you, bring a copy of the agreement or write down the specifics. Many people wish to bring a friend or family member to their first appointment. Such support can be beneficial but remember, the attorney-client privilege is waived if a third party is in the meeting. Under no circumstance should you bring children to an attorney meeting. Leave with answers and don’t be shy about interviewing more than one attorney if you don’t feel comfortable with your first choice. This is your life and the decisions made during a divorce can affect you and your children for many years to come, so it is important that you have trust and confidence in the person representing you. Make sure at the end of the meeting you have a clear understanding of how the attorney charges for their time and what specific recommendations and actions the attorney proposes be taken.

It is my personal philosophy that the best attorneys are those who involve and empower their clients to help make decisions about the direction of the case. Attorneys who tell you what the outcome will be or take action without your involvement may not be providing the best services. The service of law can be like the service of medicine. I prefer a doctor who will explain the diagnosis and give me treatment options rather than one who gives no feedback and just writes a prescription.

Going through a divorce, separation, or paternity action can be a trying and emotional time. You will be most satisfied in the end if you retain an experienced attorney who philosophically and personally "fits" with your goals and values.

It is always advisable to seek the counsel of a qualified attorney who can advise you specifically about your case. The information in this column is provided for general information only in the state of Arizona, is not specific to any one case and does not create an attorney-client relationship between the author and the reader. ©2003 - 2008 Hallier Law Firm PLC

ASK ANGIE^TM is published monthly in Arizona Trends Magazine.