YOUR RELATIONSHIP WITH YOUR LAWYER

I am contemplating a divorce. How do I choose a lawyer?

You should talk to friends, relatives and colleagues for names of attorneys they may know who practice in the area of matrimonial law.
You will need to sign a retainer (or contract) agreement with the attorney you hire.
It is very important that you feel comfortable with the attorney and can easily ask questions.
Interview several attorneys and ask questions during the process of the interview. Ask questions about billing practices, an outline of what you can expect and make sure you are made aware of dates important to your case.
Divorce can be grim. Make sure you make thoughtful, even decisions~~don't just listen to a lawyer who says all will turn out great. You need to hear all angles of what may occur.
You should be organized for the initial meeting and be prepared to show documents. Ask the attorney what you should bring to the first meeting.
If you cannot afford an attorney, there are organizations such as the Pace Womenb's Justice Center that may be able to represent you free of charge.

What is a retainer agreement?

A retainer agreement is a legally binding agreement between you and your lawyer.

There are a number of factors that must be in a retainer agreement.
Terms such as compensation and the nature of services must be in the agreement in plain language.
Remember, the terms in the document are written by a lawyer for a lawyer. You can request changes.
For a discussion of terminating the agreement.
For a discussion of what your rights are if your original retainer fee is used up.
You are entitled to a Statement of Client's Rights. These provisions found in the Detailed Summary will guide you as to what you can expect from your attorney during his/her representation of your case.
Similarly, you have certain obligations as a client.

My original retainer paid to my lawyer has been used up and she is requesting an additional amount that I am unable to pay. What should I do?

By law, a lawyer is not permitted to terminate representation because of non-payment. However, as a practical matter, a lawyer who is not being paid may not be willing to work hard on your case. Lawyers who are not paid must request permission of the court before firing you as a client.

What are my rights and responsibilities as a client in a legal representation?

Matrimonial attorneys are required by law to provide you with two documents when they are retained. They are called the Statement of Client's Rights and Statement of Client Responsibilities

My spouse and I have agreed to divorce. Our relationship remains on fairly good terms. Should we engage a single lawyer to represent both of us?

Although this may be attractive financially, lawyers are not supposed to represent divorcing spouses as they may have differing goals. For this reason, lawyers often refuse to represent both parties.

How much will my divorce cost? Both my spouse and I wish to end our five-year marriage?

The answer to this question depends on a number of factors, including how much the parties agree to the terms of the divorce. Parties who can agree about the issues involved in getting a divorce often pay lower legal fees. Another key factor in the cost of getting a divorce is the lawyer's hourly rate. The retainer agreement should clearly state the lawyer's fee. Often lawyers will state that their charges are by the hour, half hour, quarter hour and sometimes even in minutes. In other words, each and every time your lawyer works on the case, whether they are in front of a judge, waiting outside a courtroom to see the judge or talking on the phone about the case, they will charge you for their time.

You can save money by doing the following:

Be organized about your finances.
Keep notes and records of your discussions with your attorney.
Ask if your spouse will be required or requested to pay all or a portion of your legal fee.
As for estimates of the costs of major legal services or strategies.
Do not seek non-legal services from your lawyer.
Educate yourself about the legal issues of your case.
Keep in mind that there is liberal “disclosure” in matrimonial cases.

Ultimately, if you and your lawyer cannot agree upon the fees owed to the lawyer, you are entitled to resolve the disagreement by arbitration. Your lawyer is required to give you the necessary information about the arbitration program.

What steps can I take to minimize my legal expenses?

You can save money by doing the following:

Be organized about your finances.
Keep notes and records of your discussions with your attorney.
Ask if your spouse will be required or requested to pay all or a portion of your legal fee.
As for estimates of the costs of major legal services or strategies.
Do not seek non-legal services from your lawyer.
Educate yourself about the legal issues of your case.
Keep in mind that there is liberal “disclosure” in matrimonial cases.

I owe my lawyer several thousand dollars in legal fees and he has asked me to give him a lien on my house and to sign a confession of judgment to secure this debt. Is this ethical?

In order to obtain a security interest (the confession of judgment) during the course of representation of a client, a lawyer must follow specific rules:

A client must be advised in the written retainer agreement whether, and under what circumstances, the lawyer might seek a security interest.
An application (motion) must be made to the court, on notice to the adversary, for approval of the proposed security interest.
The court may grant the application only after reviewing the parties' finances in the context of an application for legal fees.

To what extent are my conversations with my lawyer confidential?

The attorney-client privilege requires your lawyer to treat everything discussed between you and your lawyer as confidential, provided it is not discussed in the present of other people.

Is it a good idea to consult with a second lawyer before a separation agreement is finalized to determine whether it is a fair agreement?

Although it is often considered wise to seek a second opinion, in may not be apparent from the agreement itself as to why certain things were agreed upon. For example, a low figure of maintenance may have been agreed to in exchange for something else.

Mediation is a voluntary and confidential matter.
Mediation is not recommended if there is domestic abuse.
You cannot be forced to participate in mediation.
An attorney should review and review an enforceable settlement agreement reached through mediation.

Collaborative law is an agreement between the parties that they will attempt in good faith to reach a settlement without judicial intervention.
Parties cannot be forced to participate in the collaborative process.

Please see the Resources and Readings Section at the end of this Q&A for further resources.