Slow down.
This decision is a big one.
If you are going to select a divorce lawyer online, then you'd better know what to look for.
You need to learn this.
Read the following.
Slowly!
This is no time for speed reading.
As a Monmouth County divorce lawyer who has done nothing but divorce work for over 36 years, I recommend that you inquire into the following 10 areas to help you find your great divorce attorney:
1. Did This Lawyer Clerk For a Family Court Judge?
You really should hire a lawyer who clerked for a New Jersey Family Court Judge.
To me, this is number one.
That prized, hard to obtain, one year "judicial clerkship" right after law school should be prominently displayed on the attorney's website.
The judicial clerkship is a once-in-a-lifetime opportunity for a young divorce lawyer to learn how to be a great divorce lawyer by seeing cases "from the inside", that is, from the unique vantage point of being a crucial part of the Judge's staff.
The law clerk works closely with the Judge and also views the work product of hundreds of other lawyers "from the inside", ie., as part of the Court System.
He learns from those experiences, both good examples and awful examples, prior to beginning his career.
Nothing else prepares a young lawyer like a judicial clerkship.
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.
What does this mean for that lawyer?
Well, some are good enough and smart enough to become great without the benefit of a clerkship.
But many are not.
Those who are not tend to wallow in the same mistakes, day after day, year after year, and decade after decade. They never seem to "get it", and their work product reflects that.
But their unsuspecting clients don't know that...often until it is too late.
On the other hand, those lawyers who have clerked for a judge usually "get it", and often become the best of the new crop of divorce lawyers.
You want one of them.
2. How Many Years Has She Been Licensed?
You don't want a kid right out of law school or even right out of her clerkship with a judge.
Rather, you want somebody who has practiced law for a long time.
Somebody too young 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 she then uses to save future patients, lawyers learn things every time they lose a case that helps them win future cases.
Of course you want a lawyer with a "winning" track record.
(But any experienced divorce lawyer who tells you that she never loses is full of you-know-what. Run for the hills...fast.)
Frankly, you don't want a lawyer who is so young that she has not lost enough cases yet to be really knowledgeable about the real world of divorce law.
3. How Long Has He Been Specializing In Divorce Law?
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 probably is not be somebody who you want to trust entrust with your divorce and its implications for your future.
4. Do You Trust Her?
Does this person seem genuinely interested in helping you?
Is she saying things that she thinks you want to hear just so that you hire her?
Or is she really saying things that you HAVE to hear because, well, what she is saying is just true?
Listen to your "gut" on this one.
A divorce lawyer's reputation within the legal community can be a telling sign of his competence and professionalism.
Ask around or check online reviews from other lawyers or previous clients.
A lawyer with a positive reputation is likely to have earned it through effective representation, ethical conduct, and successful outcomes.
6. Is She Familiar With How New Jersey's Divorce Laws and Procedures Tend To Be Applied By Judges in Monmouth County?New Jersey Divorce laws apply to all 21 counties in the state, but interpretation of some laws vary from county to county (and sometimes even judge by judge).
Hiring a lawyer who is well-versed in how New Jersey divorce laws and procedures tend to be applied here in Monmouth County can be helpful to you.
Hiring a lawyer who is familiar with the Monmouth County courts, judges, and the intricacies of how Monmouth County judges tend to apply New Jersey family law can make a difference in the outcome of your divorce case.
7. What Is The Lawyer's Approach To Mediation?Most divorce cases do not need to go through a lengthy court battle.
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 is open to exploring non-adversarial methods that may benefit you and your family.
8. How Accessible Will The Lawyer Be?Effective communication is key in any divorce representation.
Consider the lawyer's accessibility and responsiveness.
Will she promptly return your calls and emails?
Does hshee provide clear channels for communication?
A lawyer who is attentive to your concerns and responsive to your inquiries will make your divorce process smoother and less stressful.
9. Does He 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.
Good job! You've read the top 10 things that you should be looking for. Now what's next?
What's next is applying what you've learned above to the potential divorce lawyers who interest you.
Take each of the above factors and apply them to what you read on the potential lawyer's website.
Something like this:
1. Did he have a judicial clerkship with a divorce court judge?
If no, that to me is a "red flag" and you need to think about it.
If yes, great.
Now...find out whatever you can about the judge that he clerked for. Was he a well-respected judge? If so, then that means that your potential lawyer probably had a great education working for this judge.
2. Has she been licensed in NJ long enough to know what she's doing?
When you read on a website "We have combined experience of 50 years", have you thought about what that really means?
It means that when the lawyers add up how many years each of them has been in practice the total comes to 50 years.
Does that really matter at all?
I think not.
That statistic means nothing.
What matters truly is how many years the lawyer you will be working primarily with has been in practice . That's what you want to know.
3. Has he been specializing in NJ divorce law for a long enough time?
Until a few years ago there were strict rules about who could, and who could not say that they "specialized in divorce".
Those rules have since been relaxed, and many many many more people are now allowed to say that they "specialize in divorce".
I think that you should ask questions like "have you served on the early settlement panel"?
"Have you done much trial work in the area of divorce?"
"When you say that you 'specialize in divorce', what does that mean to you?
And so on down the list of the 10 factors.
Now...let's take it to the next level.
So now you know what to look for in your divorce lawyer.
But what are you going to say to him or her once you find him or her?
Well, you could say, "My spouse and I are having trouble, we're headed for divorce, and I just wanted to speak with you so that I know my rights."
Not bad.
But...I think that it would be more helpful if you said something like, "I know that the general rule is that I might have to pay my wife 25% of the difference in our incomes as alimony.
Yet can't I get a better deal because my wife has a Ph. D but chooses not to use it?"
Or what if you were able to say: "I understand that there are over a dozen factors that a judge must consider when deciding a child custody case.
But I also know that some judges in Monmouth County today are starting their analysis assuming that the parents will share the children equally.
That makes no sense in my case.
Here's why..."
The challenge is that you might not know enough...yet... to be able to say those things to your prospective divorce lawyer.
But I'm going to share that information with you, right now.
CLICK HERE for immediate access to 91 more of my articles just like this one.
THESE ARTICLES will make you "an informed client" as you interview potential divorce lawyers.
Then when you interview potential divorce lawyers you'll know exactly what to say.
For example, you will be less likely to ask a weak question, like "Will the judge care that my husband wasn't always nice to me?", which will likely result in a true, but useless, answer, like "no, because fault usually doesn't matter in NJ."
But if instead you say, "Will the fact that my husband regularly punched me and took away my car keys matter to the Judge", a good lawyer will tell you "yes, that behavior is way over the line, and you may be entitled to money damages from your husband."
I think that you being familiar with THIS INFORMATION will help you get more accurate, and therefore more useful, advice from the lawyers that you interview.
Until next time,
Steve
Steven J. Kaplan, Esq.
Specializing In Divorce
In Monmouth County
5 Professional Circle
Colts Neck, NJ. 07722
www.KaplanDivorce.com
(732) 845-9010