1. Make Sure The Agreement is Written and Easily Understandable
Most skilled and effective divorce attorneys charge by the hour and require an advance retainer (or deposit) that is paid at the beginning of the case. Fees and expenses will be charged against the retainer until it’s exhausted, at which point the client will be responsible for any additional sums incurred.
Clients tend to look for a lawyer who will charge them on a flat fee basis. If you consider the flat fee basis then you should also think about the fact that the lawyer will have no incentive to do any more then he or she should to help you. This goes both ways, the client can start feeling that the attorney is not trying his best to resolve the case, or the attorney can feel that the client is just trying to use up as much time as possible.
This related post on how to best hire and use an Austin divorce lawyer is also useful.
It is important for you to get a written fee agreement that answers the following questions, whether the retainer is refundable, how promptly will you be obtaining a state, the lawyers hourly rate, etc. You should get and keep a copy of this fee agreement.
2. Your Divorce Attorney is Not Your Therapist
Divorces are extremely emotional. Clients feel at ease talking to their attorney about their problems becuase the attorney knows what they are going through. The lawyer is one of the few people that will know your side of the divorce in detail, thus making the lawyer a great person to talk to. Because it makes you feel better you get into the habit of calling often, almost daily.
Unless you have more money than you know what to do with you should NOT fall into this trap.
You have to keep in mind that everytime you are calling your attorney the clock is running and you are being charged by the hour. Think of it as a very expensive cab ride. As soon as you get in the cab, the meter starts running. As soon as the lawyer picks up your call the meter starts.
This does not mean you should never communicate with your lawyer. On the contrary, you should communicate with your attorney anytime you need legal advice on your case. A good way to not waste time would be to make a list of all your questions before you call.
For info on Lawyer Time Records Hourly Billing, view this post.
3. You Should Not Have Your Attorney Negotiate the Division of Personal Items
Arguing about which party deserves the blue sofa or the bread maker is not a good use of attorney s fees. These sorts of issues should most probably be settled between you and your spouse. Ideally, if you and your spouse have already separated, you could divide these items by agreement and exchange them before the case has been completed.
When the final order of your case is is given, it would say that each party would keep their personal items. This can save a great deal in fees by avoiding debates over property that has very little market value.
4. Don’t Throw Away Dollars Trying to Save Nickels
This is extremely important. People will often be very frugal about hiring an attorney and think they are saving a lot of money by hiring a attorney for a small flat fee or by hiring someone who is inexperienced but will work cheaply.
This should be avoided.
Your goal should be to reach a reasonable settlement as quickly as possible. To do this you will need to hire an experienced lawyer that understands you want to get this done quickly and efficiently. That lawyer will then use his experience and skills to help you reach that objective.
Make sure its a sensible settlement, and not just a quick unthought settlement. If the other side cannot be convinced to settle the case on reasonable terms it’s imperative that your attorney be skillful and confident enough to effectively try your case.
Someone who is learning on the job, or is simply unprepared, can cost you a great deal of money. So don t cheat yourself out of dollars in an attempt to save nickels.
Click here to read more information on collaborative law divorce.
