Finding the Best Divorce Lawyer in Memphis

Are you preparing to find the best divorce lawyer for you in Memphis, Tennessee? Whether petitioning for divorce or expecting to be served with papers by your spouse, you need the best divorce lawyer you can find.

Finding the best divorce lawyer in Memphis

Divorce changes everything. Never settle for the first lawyer you contact. Instead, choose the lawyer you believe is up to the task, is responsive to your needs, and will keep you apprised of what is going on with your case. Lawyer selection is very, very important and can make a huge difference in the court proceedings and in the outcome of your case. Whether you have children or not, whether you have modest or plentiful assets, whether you have been divorced before or this is your first experience with the civil court system, choose your lawyer carefully.

When Should You Start Looking For a Lawyer?

As soon as you think there could be a divorce, start researching lawyers and learning about the Tennessee divorce process. Your objective is to get the best lawyer for you. Understandably, you may be struggling with present circumstances. Divorce means upheaval. Searching for a lawyer to assist you, someone you have never met and who knows nothing about you or your situation, can be anxiety provoking and time consuming. But you must find a way to do it. Take time to look for a Memphis attorney when divorce is possible, probable, or already moving forward. Whatever stage of the break-up you are in, even if you have not separated yet, the earlier you get independent legal advice, the better off you will be.

Get Referrals to a Memphis, TN, Family Lawyer

A few people in your circles of trusted friends, co-workers, and associates may know lawyers and can provide referrals. Personal advisors, spiritual leaders, and marriage or divorce counselors often know several divorce attorneys in Memphis and can make recommendations. Beyond a personal referral, there is the Yellow Pages and the internet to start combing for a Memphis, Tennessee, area family law attorney.

Divorce falls into the category of family law practice, or domestic relations practice. Restrict your search to those attorneys who exclusively practice divorce and family law. Some lawyers are general practitioners offering an array of professional services, from personal injury, divorce, and real estate, to criminal defense. A lawyer might take on a divorce case at a reduced rate as a one off, but this is usually a huge mistake for the client.

Erle Stanley Gardner’s “Perry Mason” (portrayed on TV by Raymond Burr) was a great criminal defense lawyer, but he didn’t practice family law at all. Perry’s courtroom drama, surprise witnesses, and spontaneous confessions are anathema to family court. You need an attorney with experience litigating divorces and child custody cases in the Memphis area courts; a family lawyer who knows the local rules as well as the Memphis judges and their proclivities.

Go with the lawyer who is committed to Tennessee family law. Choose a professional who can anticipate both sides of every legal argument affecting the spouses, the parents, the grandparents, and the best interests of the children.

Get referrals to a Memphis, TN, family lawyer

Utilize Attorney Websites to Research Lawyer Credentials

When you have a few referrals from people you trust for a specific Memphis family lawyer, do some online research into that lawyer’s professional biography.

Consider the Memphis lawyer’s leadership role in the American Bar Association, Tennessee Bar Association, and Memphis Bar Association, public speaking engagements, and community involvement. What are the lawyer’s affiliations and memberships? Is the attorney a member of the ABA Family Law Section? Is the attorney affiliated with the Tennessee Bar Association Family Law Section? Lawyers who are committed to family law practice should be up-to-date on current trends and changes in the laws affecting their clients.

Beware of all ratings, awards, and overtly glowing reviews online. As impressive as some may sound, only a fraction of the ratings and awards listed on websites are legitimately prestigious within the legal community. With online reviews, who can really tell whether a review was posted by a real former client or, instead, a family member or close friend? Although there is no real way to determine whether an attorney is honest and competent simply by reading a webpage, access to more data points cannot hurt.

Read the information provided on the law firm’s website about Tennessee divorce, child custody, alimony, child support, and the division of property. Almost all law firms have a website. Some lawyer websites follow an information-sharing model, offering articles, videos, and FAQs on various family law topics. These websites can help you prepare for and learn about the issues often raised in Tennessee divorce cases. Other lawyer websites follow an advertising model with minimal information about Tennessee family law, if any. Is the attorney providing truly useful information or just advertising?

Whenever circumstances allow, put your research ahead of scheduling an initial consultation with a family lawyer. If what you learn from the lawyer’s website makes you uncomfortable on any level, then move on to the next referral.

Example: As a stay-at-home mom with two preschoolers, Sarah wants legal decision-making authority and, also, the children residing with her most of the time. After reviewing a Memphis law firm’s website, she was left with a very positive impression. She could see that the lawyer’s emphasis is on sharing general information about the Tennessee child custody process. The website explained how mediation often helps parents agree to a parenting plan with legal decision-making and a parenting time schedule. After reading several articles and FAQs on child custody, Sarah thinks she could place her trust in such a lawyer and calls for an appointment.

Tennessee divorce is a life-changing event like no other. Divorce will impact your financial future and the future you hope to have with your children, so the time spent searching for the best Memphis family lawyer for you is a very worthy endeavor. There are no perfect lawyers, but there are certainly professional and dedicated lawyers who practice family law.

After reading about the lawyer and obtaining information from his or her website, if you believe you want to talk to this lawyer, then schedule an initial consultation.

Lawyer Commitment to Tennessee Divorce Law Practice

Inquire into a lawyer’s reputation in the legal community and competency to practice family law. In addition to membership in family law organizations, commitment to Tennessee family law practice can be reflected in the lawyer’s speaking engagements in seminars to judges and other lawyers and professionals. Commitment is objectively apparent when the lawyer has published books and articles about divorce issues and child custody matters.

Consulting a Memphis Family Lawyer

Plan to interview more than one lawyer and have your financial statements, income tax returns, bank statements, and retirement account information with you. (If your spouse has those documents and will not give them to you, then bring this to the lawyer’s attention.)

Be a smart shopper and compare the Memphis attorney’s competency and experience in family law practice, not just the hourly rate or minimum retainer fee. The main objective is getting the right lawyer for you, so be particular. Do not let your emotional state interfere with your decisiveness. If you are tired of the whole divorce business before the process has even begun, you will struggle through it. You might make decisions along the way that you profoundly regret later, after the dust has settled.

Do not sign a retainer agreement if you are at all unsure about the attorney’s ability. After you have had a few days to reflect on what was discussed at the initial consultation, you may decide to sign a retainer agreement or continue looking elsewhere. There is likely to be some time pressure on you, especially if you or your spouse has left the marital home or if there is a threat of domestic violence. You may have to move swiftly to find a lawyer, but do not hire a divorce lawyer out of expedience alone. You still want the best lawyer and the best representation.

There are a lot of questions you should ask during this initial consultation. Write them down, including:

1. How much will legal representation cost? Does the lawyer charge by the hour or by flat fee? What other expenses will you be paying for, such as photocopying, long-distance telephone calls, postage, court reporters, mediators, and expert witnesses? How much will the paralegal’s time cost you? What is the retainer fee and what does it cover? How often will you be billed?
2. Who will be handling the case? Many attorneys supervise paralegals who assist on the case. This almost always saves the client money and can improve communications, too. However, paralegals are not lawyers and cannot give legal advice. If you would rather spend more money for more one-on-one time with the attorney, then find out if this will be possible.
3. Are there written policies for returning phone calls when the lawyer is in court, at a meeting, or otherwise unavailable when you call? Will you be copied on all important correspondence and filings?
4. How will the lawyer go about settling your case? In divorce, settlement is not surrender. Negotiating the issues through the parties’ lawyers is, by far and away, the recommended approach to getting the best possible results.
5. How much trial experience does the lawyer have? If child custody decisions must be made in your divorce, how many custody disputes has the lawyer successfully handled (through settlement and trial)? If you believe your spouse concealed assets, is the lawyer familiar with forensic accounting practices?
6. If costs concern you, then ask how the lawyer works to keep legal fees down.
7. Understand that lawyer’s exact definition of “retainer.” It is common for lawyers to use this term to mean different things. Definitely learn under what circumstances the retainer is refundable. What if you have a personality conflict with the lawyer shortly after engaging the firm?

No attorney should guarantee that the outcome of your case will be exactly as you desire. An experienced lawyer will tell you if your position on an issue is unreasonable or is counter to what the law allows. You need to view the strengths and weaknesses of your case as they really are and present a legal strategy that squarely addresses that reality. There is nothing wrong with being optimistic, but leave behind the attorney who only offers you rose-colored glasses.

Charging for the Initial Consultation

Not every lawyer will meet with you for free at the initial consultation. Some do, some don’t. Exercise extreme caution when considering a lawyer who offers discount divorces, relying on volume and pushing cases through the court system as quickly as possible. No attorney should overcharge clients or unnecessarily cause delay in the divorce. But whether the attorney charges for the initial consultation should not affect your decision to hire or not hire. At that first meeting, the lawyer should give you a lot of information when you discuss your circumstances candidly.

Even though you have yet to hire the lawyer, matters discussed during the initial consultation are confidential and privileged. Tennessee divorce law requires that grounds be alleged and proven and, not surprisingly, many divorces allege adultery and inappropriate marital conduct. Be open and ask questions. Do not be embarrassed about sexual problems in the marriage. A good family lawyer with experience will be sympathetic and understanding. Avoid any lawyer who acts like you are lucky to talk to him or her.

Overall, the most important factors when hiring the best Memphis divorce lawyer for you are as follows:

• How accessible and responsive the lawyer will be to you;
• Your compatibility in working together on the divorce and ability to communicate well;
• Your confidence in that lawyer’s ability and in the court proceedings;
• The lawyer’s divorce and family law experience;
• The lawyer’s reputation among his or her peers and with previous clients;
• The lawyer’s style and negotiating skills; and,
• The lawyer’s fees, billing practices, and payment polices.

Your goal should be to find the best divorce lawyer in Memphis for you, not to become personal friends with the lawyer. You must become comfortable with your professional relationship and have confidence in the legal proceedings. When things get tough, trust in your lawyer’s advice can make all the difference.

Before you start interviewing lawyers to represent you, consider obtaining a copy of The Tennessee Divorce Client’s Handbook: What Every Divorcing Spouse Needs to Know. An entire chapter is devoted to choosing the best lawyer for you.