It's time.
You know that it's time.
Everything and everyone tells you that it's time.
You promised yourself that you would talk to a divorce lawyer right after... well, right after whatever it was that you were waiting for to be over.
Maybe for you it's right after the Coronavirus pandemic looks like it's quieting down.
For some people, it's right after the school year ends, or after the summer vacation ends.
For others, it's right after the Christmas holiday season.
For others, its right after... whatever.
No matter what a person's rationale for starting the search for a divorce lawyer is, it usually goes something like this.
You sit down at your computer.
You do a search for "Divorce Lawyer near Holmdel"or "Colts Neck Divorce Lawyer" or "Divorce Attorney near Marlboro NJ", or something similar.
Thousands of results show up!
How do you choose which lawyer to call?
Most of the websites look pretty similar to you.
How do you know what to look for in the stranger who will become your divorce lawyer?
This serious question is made even more serious by the fact that the bad economic climate is causing some non-divorce lawyers to start taking divorce cases.
How do you know that the lawyer who says that he is a "first-rate divorce lawyer" isn't really a real estate lawyer who simply can't get enough real estate closings today to earn a living?
How do you know that this "experienced divorce lawyer" isn't really an inexperienced lawyer who is looking for whatever work that he can pick up?
These are valid questions for you to consider at this crucial point in your life.
As a lawyer who has done nothing but divorce related work throughout New Jersey for over 36 years, I recommend that you inquire into the following 10 areas to help you find a great, highly qualified NJ divorce attorney.
After all, you need a lawyer who will have your best interests at heart at all times during what could be one of most difficult experiences that you will ever go through.
Asking these questions of your potential lawyer and of yourself will help you make the right choice:
1. Did this divorce lawyer have the benefit of a clerkship after the completion of law school with a Family Court Judge prior to becoming a practicing NJ divorce attorney?
You really should hire a lawyer who clerked for a New Jersey Family Court Judge.
The judicial clerkship is a time when a young divorce lawyer, if she or he was one of the fortunate few who were able to acquire a judicial clerkship, develops specialized skills and acquires specialized knowledge.
The law clerk works closely with the Judge and also views the work product of hundreds of other lawyers and learns from those experiences prior to beginning his career as a divorce attorney.
But there are a limited number of Family Court judicial clerkships available, and so many lawyers simply are unable to obtain this crucial learning experience.
2. How many years has the lawyer been licensed to practice law in NJ?
You want somebody who has practiced law for a long period of time.
Somebody young or right out of law school does not have the real world testing that a more seasoned divorce lawyer offers you.
The painful truth is that just like a doctor learns something every time one of his patients die that he then uses to save future patients, lawyers learn things every time they lose a case that helps them in future cases.
Frankly, you don't want a lawyer who is so young that he has not lost enough cases yet to be really knowledgeable about the real world of divorce law.
3. How long has this lawyer been practicing divorce law as a specialty?
You want not only a lawyer with a significant number of years practicing law in New Jersey, but you have to inquire as to what percentage of his law practice is devoted to divorce related issues.
If he has been practicing law for 30 years but for 29 of those years he was a personal injury lawyer, that may not be somebody who you want to trust entrust with your divorce and its implications for your future.
4. Do you trust this person?
Does this person seem genuinely interested in helping you?
Is this person saying things that she thinks you want to hear just so that you hire her, or is this person really saying things that you HAVE to hear because, well, what she is saying is just true?
A divorce lawyer's reputation within the legal community can be a telling sign of his or her competence and professionalism.
Ask around or check online reviews from other lawyers, clients, or legal associations.
A lawyer with a positive reputation is likely to have earned it through effective representation, ethical conduct, and successful outcomes.
6. Is the lawyer familiar with New Jersey's specific divorce laws and procedures, and how those laws and procedures tend to be interpreted in Monmouth County?
Divorce laws can vary significantly from state to state, and interpretation of some laws can vary within a given state.
Hiring a lawyer who is well-versed in New Jersey's specific divorce laws and procedures, and how those laws and procedures tend to be applied here in Monmouth County, is crucial.
Familiarity with local courts, judges, and the intricacies of New Jersey family law can provide your lawyer with a strategic advantage, ensuring that he or sh navigates your case effectively.
7. What is the lawyer's approach to Mediation?
Most divorce cases do not need to go through a lengthy court battle.
Alternative dispute resolution methods such as mediation can often lead to quicker and more amicable resolutions.
Inquire about your potential lawyer's experience and approach to mediation to determine if he or she is open to exploring non-adversarial methods that may benefit you and your family.
8. How accessible and responsive is the lawyer?
Effective communication is key in any divorce representation.
Consider the lawyer's accessibility and responsiveness.
Will he or she promptly return your calls and emails?
Does he or sh provide clear channels for communication?
A lawyer who is attentive to your concerns and responsive to your inquiries can make the divorce process smoother and less stressful.
9. Does the lawyer have a realistic and transparent fee structure?
Legal fees can be a significant concern for those going through a divorce.
Ensure that the lawyer you choose has a transparent and realistic fee structure.
Discuss billing practices, hourly rates, and any additional costs associated with your case.
Having a clear understanding of the financial aspects of your representation can help you avoid surprises and make informed decisions.
10. What is the lawyer's overall approach to divorce cases?
Understanding the lawyer's general approach to divorce cases is crucial.
Some lawyers may adopt a more aggressive strategy, while others focus on collaboration and negotiation.
Consider your own preferences and priorities, and choose a lawyer whose approach aligns with your goals for the divorce process.
A well-matched lawyer-client relationship can contribute to a more positive and effective legal experience.
There are other factors that you might want to consider when selecting your Divorce Lawyer.
This article highlights ten that I think are important.
If you'd like to find out about my background, CLICK HERE.
Until next time,
Steve
Steven J. Kaplan, Esq.
Law Practice Specializing In
Divorce and Related Issues
5 Professional Circle
Colts Neck, NJ. 07722
www.KaplanDivorce.com
(732) 845-9010