Susan Murphy-Milano...

THE ROLE OF AN ATTORNEY

When a decision has been reached to end the marriage, you will need to contact an attorney. If you are filing for a divorce or your partner has already sought legal representation and filed papers through the courts for a divorce, you will need to hire a lawyer who specializes in divorce and can properly represent your interests. There are usually obvious signs that one’s marriage is coming to an end. No one gets out of bed one morning and says, “I think I’ll file for divorce today.” Consulting with a legal professional before you are served with divorce papers will better prepare you in the days and months that follow. A good attorney will be able to provide you with a clear understanding of your legal rights. Having issues and concerns addressed prior to retaining an attorney can only enhance your financial outcome. And if there are children involved as a result of the marriage, a divorce attorney will also be able to handle various issues as it relates to the “best interest” of the children.
To assist you, we have included information to assist you with this process. For example, included in the book "Moving Out, Moving On" when a Relationship goes wrong is “Important Questions Regarding Your Children,” a “Temporary Parenting Plan.” By going over these questions, you may be able to work out issue’s with your partner that could effect your children prior to hiring an attorney, which will only save you time, money, and possible headaches down the road. If, for some reason, your partner is not willing to sit down with you, then we suggest you prepare ahead yourself.

HOW TO GO ABOUT HIRING AN ATTORNEY
If you can afford to hire your own attorney, you should choose someone with whom you are comfortable. Begin by asking friends, relatives, co-workers, or contact the local bar association listed in your local yellow pages and they will provide you with a list of lawyers in your area who specialize in family law, divorce, and custody matters. Remember, the final decision on who you select should be yours. You can begin by making an appointment for an initial consultation (this is usually free of charge) and all communications with the attorney will be confidential, even after you have met with them and decided to hire someone else.

BEING PREPARED
It is very important to be prepared prior to meeting for an initial consultation with a potential attorney. In this kit are monthly expense forms and distribution of personal property forms that you should review in order to have a greather understanding of your personal finances and what you will need to live, once the divorce is final. This information should not be disclosed until you have selected legal representation. So, having said that, get yourself a legal pad and write down a list of questions to ask the attorney before meeting with them. Here are some idea’s when you are preparing your list of questions:
1. Where did you go to law school?
2. How long have you been an attorney?
3. What percentage of your practice is devoted to divorce? (You should consider hiring someone whose practice is divorce/family law)
4. If you have been in an abusive marriage, then you should inquire as to their expertise as it relates to domestic violence, orders of protection, and stalking. Or have they represented women who have been abused?
5. Are they experienced in child custody cases and do they keep current with case law.
6. Will they inform you when complications arise or of strategies they will use as the case proceeds?

FINANCIAL QUESTIONS TO ASK

Attorneys charge in one of three ways: on an hourly rate, flat fee, or on a contingency fee basis. So you could begin by asking:
1. What is their hourly rate?
2. What kind of fee arrangements are available?
3. What is your billing rate for telephone calls to clients or others involved in a case?
4. What do you charge for copies?
5. What is your hourly rate doing research on cases?

6. Will you be handling my case or will I be dealing with others such as a paralegal, or law clerk. If others are working on my case, such as non-lawyers or others from your office, what hourly rate will I be charged?

7. Will an itemized bill for your services be sent on a monthly basis?
8. How much money will be required up front to begin working on my case?
9. Are you familiar with tax laws regarding divorce settlements?

Exerpts from the book "Moving Out Moving On" when a relationship goes wrong by Susan Murphy-Milano. The book is available at Borders, Walden Books, Borders Express, Amazon or visit the website at www.movingoutmovingon.com