1. Have an Clear Written Fee Agreement
Most experienced 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 is exhausted, at which point the client will be responsible for any additional sums incurred.
Clients will sometimes seek an attorney who will represent them on a flat fee basis, thinking that this will save them money. The problem with this arrangement is that the attorney has no incentive to do anything beyond the bare minimum. The client often feels like his case is being ignored, the attorney often feels like the client is intentionally trying to take up as much of his time as possible, and they may both be right.
Whether you hire a lawyer on an hourly or flat fee basis, it is extremely important that you get a written fee agreement that makes clear the terms of the representation, including whether any retainer is refundable, how often you will receive statements, the attorney's hourly rates, etc. You should get and keep a copy of this fee agreement.
2. Don't Mistake Your Divorce Lawyer for Your Therapist
Divorces are extremely emotional. Because your divorce attorney is (or at least should be) firmly in your corner, talking to him can be a very reassuring experience. This person understands your side of the situation and it feels good to talk to someone who sees the righteousness of your position. 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 avoid falling into this trap.
Remember that every time you call your lawyer the clock is ticking and you are getting billed by the hour. Think of it as a very expensive cab ride. As soon as you get in the cab, the meter starts running. It works the same with a lawyer, as soon as you are on the phone with him the meter is running and you are getting charged.
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. But before you pick up the phone make a list of questions or issues you want to discuss and limit your conversation to these points without wasting time ranting about the unfairness of the situation.
3. Don't Use Your Attorney to Negotiate a 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. As much as possible, you should try to resolve these issues with 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.
Then, when it is time to finalize the divorce the term in the agreement and/or Final Decree, the document would simply state that each party keeps all personal effects (furniture, clothing, electronics, appliances, kitchen equipment, etc.) in that party's possession. 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 extremely frugal about hiring an attorney and think they are saving a lot of money by hiring a lawyer for a small flat fee, or hiring someone who is not very experienced but will work cheaply.
This is a mistake.
Your goal should be to reach a reasonable settlement as quickly as possible. In order to reach this goal you will need an effective lawyer who sincerely shares that objective with you. That lawyer will then use his experience and skills to help you reach that objective.
But notice that I said "reasonable" settlement, not just any settlement. If the other side cannot be convinced to settle the case on reasonable terms it is imperative that your lawyer 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
About the Author
Scott Morgan is a practicing Texas divorce attorney. For more information on texas divorce visit his website at http://www.texas-divorce-info.com. The website provides general information and resources on divorce, as well as specific information on Texas divorce law.
Knowing What To Do In DivorceKnowing what to do when... Read More
If there were no legal system, no lawyers and no... Read More
Selecting a divorce lawyer to handle your family law case... Read More
A common reason why men wont commit could be due... Read More
One out of every two marriages in America is failing.American... Read More
Finance in marriage seperation is a very big issue particularly... Read More
As a licensed mental health professional, I work with many... Read More
It's a well known fact that in this day and... Read More
There are many steps to take to protect yourself in... Read More
For the over 50% of marriages that end in divorce,... Read More
Being in a loveless marriage is a frustrating predicament, but... Read More
1. DO allow yourself enough time to make one of... Read More
During a wedding ceremony, when people are joined together in... Read More
Being marriage means being fully committed to your husband as... Read More
When making a divorce decision, there are quite a few... Read More
An uncontested divorce is the most common type of divorce.... Read More
After divorce, the most important thing you can do is... Read More
Women who believe a divorce is a possibility or who... Read More
According to the Center for Disease Control's National Vital Statistics... Read More
What 3 major divorce parenting mistakes that surely lead to... Read More
The most recent statistics show that about 50% of all... Read More
When a nuclear family separates, it usually separates into a... Read More
When a couple decides their marriage is over, a tremendous... Read More
When making a divorce decision, there are quite a few... Read More
There are many advantages to doing your own divorce. Three... Read More
As a licensed mental health professional, I work with many... Read More
No matter which side you are on, spousal support is... Read More
Everyone has heard the story (from friends, co-workers, and family... Read More
Divorce has become part of life in the 21st century.... Read More
Marriage is a very solemn and serious chapter on any... Read More
If you are in a sexless marriage and are unhappy... Read More
Dating is tough for just about everybody, but it's even... Read More
The pain of finding out that your partner is cheating... Read More
Collaborative law is based on the realization that the commitment... Read More
When a nuclear family separates, it usually separates into a... Read More
What is the Get?The Get is the Jewish form of... Read More
You're going to want to be working on your divorce... Read More
Here are some useful tips on joint bank accounts and... Read More
Deciding about whether you should get a divorce or not... Read More
Women who believe a divorce is a possibility or who... Read More
This article provides a brief overview on Texas law concerning... Read More
Finance in marriage seperation is a very big issue particularly... Read More
What 3 major divorce parenting mistakes that surely lead to... Read More
Attempts to use the worldwide Web as an effective means... Read More
Let's look at how a divorce case works so you... Read More
There are many types of divorce articles available on the... Read More
The legal divorce vs. your real divorce The legal... Read More
Selecting a divorce lawyer to handle your family law case... Read More
There are many advantages to doing your own divorce. Three... Read More
Life insurance, more than most things you buy, relates to... Read More
An uncontested divorce is the most common type of divorce.... Read More
Everyone has heard the story (from friends, co-workers, and family... Read More
Seven Tips to help you keep more of your money... Read More
The most recent statistics show that about 50% of all... Read More
During a wedding ceremony, when people are joined together in... Read More
The question of divorce and its lawfulness is of long... Read More
Divorce or the end of a long-term relationship is a... Read More
In a recent article entitled "Some Evidence On How We... Read More
1. What is my filing status? (Married, Single, Head of... Read More
Being in a loveless marriage is a frustrating predicament, but... Read More
Marriage is a very solemn and serious chapter on any... Read More
If you are reading this, then you are probably either... Read More
The best predictor of a good divorce outcome is the... Read More
I thought I would never feel the light of life... Read More
Ignorance is the most common trap in the business of... Read More
Having to deal with an extramarital affair can be a... Read More
Divorce |