Month: September 2021

Aside from the death of a loved one, a divorce is one of the most stressful experiences a person can go through. Finding a divorce lawyer can be a daunting task when you’re faced with so many other worries. The lawyer you hire will be representing you for several months, or even a year or more, which means finding the right lawyer can make the divorce process a lot easier on you and your family.

When looking to hire an attorney to represent you in your divorce, you should look for someone with the following qualities:

1. The Ability To Communicate Well

Clear and easy communication with your divorce lawyer is critical. During your case, you will need to be able to effectively communicate your concerns and expectations to your lawyer, and your attorney will need to be able to clearly explain things to you regarding your case and provide you with realistic expectations. If an attorney doesn’t listen to you well or can’t explain things in a way you can understand, you should continue your search.

While it may seem counter-intuitive, your attorney’s ability to communicate with your spouse and your spouse’s attorney is also essential, because good communication between the attorneys can facilitate fruitful negotiation and keep costs down. A good divorce lawyer will try to negotiate resolution of some of the issues that are important to you before heading straight to court. (Of course, the ability to communicate well with your spouse and his/her attorney does require some cooperation on their part as well.)

If you end up in court, your attorney also needs to be able to effectively communicate with the court and litigate passionately. This is important because you will need your attorney to represent your interests clearly and to be trusted by the court.

2. Skill And Experience

You should look for an attorney who not only can represent you, but can represent you well. And in order to represent you well, the attorney must be skilled. Your divorce case is likely to touch all aspects of your life-family, finances, retirement, career, etc. To protect your interests, your attorney should be knowledgeable and experienced enough in his or her practice to deal with the complexities of your case, while allowing you to continue your daily life as much as possible.

You should look for an attorney who has experience in divorce and family law with cases similar to yours. For example, if you are dealing with high-conflict custody, or perhaps a substantial net worth, find out if a divorce lawyer is knowledgeable in those specific areas. Check their credentials thoroughly and look for attorneys who continue to seek knowledge and experience through continuing education opportunities.

3. Availability

When considering hiring an attorney to represent you in your divorce, look for someone who is available at the key points in your case (or who has the support available if an issue comes up while your attorney is in court on another matter or out of the office).

A good divorce lawyer should be available to respond to your questions in a timely manner or, if not available right away, give you a time frame within which to expect an answer.

You should also look for an attorney who is not so busy with other cases that he/she does not have time to devote himself or herself fully to your case. Don’t expect to be your attorney’s only client, but you should not be lost in a sea of clients, either.

4. Composure (A.K.A. Working Well Under Pressure)

Your attorney’s ability to maintain composure is not just about staying calm and focused with you, but also about exhibiting self-control before the court or with your spouse’s attorney, even if frustrated. You should look for a divorce lawyer who will represent your interests strongly, but who will not take it personally when things do not turn out exactly as your attorney intended.

Surprises happen in divorce, because you cannot fully anticipate what the other side or the court will do. Your attorney should maintain composure so that he or she is always representing your interests and is willing and able to adjust their strategy when needed. Your attorney should be focused, composed, and professional, especially when representing you to the court.

5. Support And Resources

It is unlikely that you will be your attorney’s only client, and because your attorney is human, your attorney will not always be immediately available to you when you have a question. You should look for an attorney who has support staff and other attorneys available to assist in the event of an emergency. It is also important that your attorney have support and resources available to prepare your case in a timely manner, such as experienced paralegals, support attorneys, and legal assistants.

All That Sounds Great. But How Do I Find A Divorce Lawyer That Meets These Standards?

Finding a divorce lawyer you are comfortable with, who will also skillfully prepare and present your case and represent you zealously, can take some work. Read our guide on How to Find a Divorce Lawyer for ways to research and select possible attorneys.

Whether your personal injury case eventually settles (as most do) or goes to trial, your personal injury lawyer will be busy trying to get you the best possible result. After all, most personal injury attorneys get paid on a contingency fee basis, meaning the lawyer doesn’t recover fees for representing you unless you recover compensation from the at-fault party. Let’s look at a few key aspects of a lawyer’s role during a typical personal injury case.

Investigation and Initial Demand

The first thing your attorney will do is get as much information as possible about your case. That means all relevant details related to the nature and extent of your injuries and a determination of fault for the underlying accident, including:

• medical bills
• medical treatment history
• police reports
• surveillance footage
• witness statements
• photographs, and
• official government reports.

Next, the attorney will likely make a demand to the insurer of the liable party (in a car accident case, for example, that means the at-fault driver’s car insurance company).

If this initial demand results in a settlement offer, your attorney will review it with you and recommend how to respond. The initial settlement offer is rarely the final offer. One thing to keep in mind is that your attorney will wait until there’s a full understanding of the scope of your injuries and other losses (including all future medical care you’ll require and how your injuries will affect your ability to work) before accepting a settlement.

If, after settlement negotiations, your attorney is unable to get an amount you’re willing to accept, the next thing your attorney will do is begin the lawsuit. (Learn more about your options if you’re at a personal injury settlement impasse.)

The Personal Injury Litigation Process

A personal injury lawsuit starts with the filing of the complaint, a legal document listing your legal arguments, the facts in support of those legal arguments, and what you demand in relief.

After you file the complaint and serve it on the defendant (the person you’re suing), the defendant will file a response to your complaint (the “answer”).

Next, “discovery” begins. This is the stage of litigation where the two sides exchange information that might serve as evidence during trial. In most personal injury cases, discovery will consist of depositions, requests for documents, and interrogatories, and the process can take months to complete.

After discovery, the trial is set. Your attorney may file a variety of pre-trial motions (to try to keep the defendant from using a piece of evidence during trial, for example). It’s very rare for a personal injury lawsuit to reach the trial phase. Settlement is possible at any point during this process, including right up to (or even during) trial.

Your personal injury lawyer will take care of all aspects of the litigation phase and will keep you updated on your case’s progress.

Points to Keep in Mind After Hiring a Lawyer

Your attorney probably can’t respond immediately to your telephone calls or emails. Lawyers are ethically bound to respond to clients within a reasonable amount of time, but they have other cases to work on, depositions to prepare for, and court hearings to attend.

One thing your lawyer should never do is keep you in the dark about what’s going on in your case, especially if the other side makes a settlement offer. Unless you’ve given your permission, your lawyer cannot accept or reject a settlement offer without running it by you first.

Be careful discussing your case with anyone other than your lawyer or a representative from your lawyer’s office. If you get a call from an insurance adjuster or someone you’re not familiar with, don’t talk to them about your case. If they have legitimate questions or concerns about your case, you can refer them to your attorney. On a related note, unless your attorney advises you otherwise, do not sign any document relating to your case, and do not change doctors.

Keep your lawyer updated. For instance, if you finish your medical treatment, tell your attorney. If the defendant or someone working on behalf of the defendant tries to contact you, tell your attorney. If you receive additional medical bills or other documents that substantiate your damages claim, tell your attorney and send them copies of relevant documents.

If you’re having money struggles as a result of your personal injury, tell your attorney. They can suggest avenues of financial support and give you advice on how to deal with creditors.

After Obtaining a Legal Recovery

Whether you win at trial or obtain a settlement, your attorney will make arrangements to collect the money the defendant must pay. This might mean getting in touch with the defendant’s insurance company and having a check sent to your attorney’s office. Or it could include filing post-trial motions to collect the judgment. Learn more about collecting your injury settlement or judgment.

If your case settles, you will likely sign settlement and release forms. In essence, these forms say that in return for compensation, you agree to end your lawsuit against the defendant (or promise not to sue them in connection with the underlying accident).

Learn more about working with your personal injury lawyer.