The selection of your divorce attorney is extremely important, as you need to trust, understand and feel comfortable with your attorney. Why? Because the divorce process requires you to discuss sometimes painful, intimate or embarrassing details about your life. It's not only important that your attorney is smart and savvy, but it's also important that your attorney meshes well with your personality.
In my opinion, there are three different types of attorney's with their personality traits identified.
Attorney #1:
• Goes with the flow
• Reactive, not proactive
• Avoids confrontation and court appearances at all costs.
Attorney #2:
• Has reputation for being mean or ruthless
• Files anything and everything to frustrate the other side
• Loves to try cases, hates to settle out of court
Attorney #3:
• Aggressive when necessary
• Looks at the big picture when making tactical moves
• Will settle when offered a fair, equitable settlement
Which one would fit best with you?
I believe most clients benefit most from hiring someone with the traits of attorney #3. The attorney with these traits will help you achieve the most equitable settlement while looking out for your best interests in the future, while consciously keeping in mind the cost of your divorce. If you are not interested in arguing at all, and have no desire to have strong representation, you should hire an attorney with the traits of attorney #1. If you are bitter, want to fight for years and spend large sums of money on your divorce, pick an attorney who matches with the traits in attorney #2.
As well as general temperaments, it is also good to gain some basic background knowledge and understanding of your attorney's experiences and office practices.
The Initial Interview checklist
• Do you practice in other areas of law than just family law?
• Will you work on my case or will another attorney or support staff work on my case?
• What is your policy on returning phone calls/email? How long does it generally take to respond?
• Have you worked on cases similar to mine?
• What is your policy on mediation of settlement of cases?
• Do you have time to take my case?
Regarding cost:
• Do you charge a flat or hourly fee? How much?
• Do you require a retainer? How much?
• How often will I receive a bill?
• Besides the hourly rate, what other fees will I be charged?
Working through these elements will help you choose the right attorney for your divorce needs. This article is an excerpt from the ebook "3-Part Guide to Understanding the Kansas Divorce Process," available at .
