Top 5 Things to Ask Your (Potential) Divorce Lawyer

Guest Blog

by Randall M. Kessler, Esq. Atlanta divorce attorney.

No one gets married planning to get a divorce. So when it happens, at least one side, if not both, are usually unprepared. And things can happen quickly. So how do you move quickly, but still make the right decision about which lawyer to choose? That is a difficult question to answer. But first, before discussing what to ask your potential lawyer (once you have met with him or her), there is one true simple, but paramount question for you to answer for yourself. That is “do I feel good about him or her”. There is often not much time to decide upon which lawyer to choose, so your gut instinct may be your best guidepost. But to help you, here are some questions you can ask that might help you determine whether or not a certain lawyer will be a good fit for you.

Tell me how your fees work?

Any good lawyer should be more than willing to discuss his or her fees with you. Not just what their hourly rate is, but what could make the case more expensive and how to conserve costs. While it is impossible to predict what a divorce will cost (unless it is a flat fee perhaps because it is uncontested), a lawyer should be able to give you a general idea of what it could cost and why. If the lawyer won’t answer this, or does not answer this to your satisfaction, maybe that’s a bad sign?

Do you know my spouse’s lawyer, and what do you think of him or her?

While you may think it is good to hire a lawyer who already dislikes the other side’s lawyer, this is often the opposite of what’s in your best interests. Good lawyers know and respect each other and will try to move the case along with as little friction as possible. Of course this can be difficult, given the emotional nature of divorce, but adding a layer of hostility (lawyer to lawyer hostility) on top of the potential hostility between spouses is not a good thing.

Do you practice in other areas of law?

While some lawyers, especially in small towns, handle different types of law (often because in a smaller community they may need to because thankfully there is not enough divorce work to keep them busy full time), a lawyer who handles divorce every day, all day will have more experience than a lawyer of similar years in practice who also handles other types of cases. Plus, divorce is unique. It is one of the very few areas of law where the parties will often need to maintain a relationship after the case, so how the case is handled may well set the stage for the post-divorce relationship of the parties. Divorce lawyers know this and hopefully keep it in mind. Make no mistake, a lawyer who handles other types of law may be a great lawyer, and may be a great divorce lawyer, but the more you do something, the better you should be at it (although of course there are exceptions).

May I meet your staff?

Often you may be working as much with the lawyer’s staff as with the lawyer. They may be the ones notifying you of court dates, helping you gather information and getting personal information from you to help the lawyer prepare. Staff can be vital (and can save you the cost of always having to talk to the lawyer). But you need to meet, and like them. You will be sharing very personal information with them and good or bad staff can make all the difference.

Will I be okay?

It sounds like a softball question. But the point is to be vulnerable and see how the lawyer handles it. A good lawyer will give you reassurance, but will try to keep your expectations realistic. If they tell you there is no question that you will get every single thing you want, guaranteed, that may be a problem. On the other hand, if they do not instill confidence, you may end up second guessing every decision you make, including the decision to hire that lawyer. Ask the question, sit back, wait for the answer, and listen to your “gut”.

Randy Kessler

From Atlanta, Georgia, Randall M. Kessler has practiced family law for almost 30 years and founded Kessler & Solomiany (a/k/a KS Family Law) in 1991. The firm is considered one of the most respected domestic relations firms in the country, they are known for representing high-profile clients, particularly athletes, celebrities, and entertainers.

He has served as Chair of the Family Law Sections of the American Bar Association, the State Bar of Georgia and the Atlanta Bar Association.

Mr. Kessler has authored divorce related books including Divorce: Protect Yourself, Your Kids and Your Future, the Georgia Library of Family Law Forms, and How to Mediate a (Georgia) Divorce. He can be contacted at rkessler@ksfamilylaw.com.

To learn more, see How to Choose the Right Tennessee Family Lawyer for Your Divorce.