You meet with a divorce lawyer.
You spend an hour explaining your marriage, your children, your finances, and everything you're worried about.
You like the lawyer. You trust the lawyer. So you hire the firm.
Then something unexpected happens... You can never seem to speak to the lawyer you hired.
Instead, your calls and emails are repeatedly handled by associates or other members of the firm.
That can be frustrating, especially when you believed the attorney you met would be personally involved in your case.
Having Associates Work on Your Case Isn't Necessarily a Problem
Let's be clear about something.
There is nothing inherently wrong with associates, paralegals, or other attorneys working on parts of your divorce case.
Divorce cases involve a tremendous amount of work, and a good legal team can be valuable.
The question is: Did you understand who would actually be handling your case when you hired the firm?
If you hired a particular lawyer because of that lawyer's experience and judgment, you should understand what role that attorney will actually play.
Ask Before You Hire the Firm
Before retaining a divorce lawyer, ask some very direct questions:
- Who will be primarily responsible for my case?
- How involved will you personally be?
- Who will negotiate with my spouse's attorney?
- Who will appear with me in court?
- Who will prepare me for mediation or important hearings?
- If I have a major strategic question, will I be able to speak with you?
- Will associates work on my case, and if so, what will they handle?
- Who will be my regular point of contact?
There aren't necessarily right or wrong answers. What matters is that you know what you're agreeing to.
Communication Matters in a Divorce Case
Divorce isn't like many other legal matters. The decisions can affect your children, your home, your finances, your retirement, and your future. You're going to have questions.
Some can be answered by another member of the legal team. Others may require the experience and judgment of the attorney responsible for your strategy.
You shouldn't expect your lawyer to be immediately available every time you call. But you should understand how communication works and who you can expect to speak with when an important issue arises.
What If You Already Feel Passed Off?
Don't immediately assume you need a new lawyer. Start by addressing the problem directly.
Tell your attorney that you expected more personal involvement and ask whether there is a way to improve communication going forward. Sometimes the problem is a misunderstanding that can be fixed.
If it can't be fixed, then you can decide whether the firm's approach still works for you.
How I Approach My Clients' Cases
When someone hires me to handle a New Jersey divorce, I don't take that decision lightly.
You're trusting your lawyer with issues involving your children, your finances, your home, and what the next part of your life may look like. That's a significant responsibility.
I believe clients should understand who is handling their case, how decisions will be made, and when they will have access to the lawyer whose experience they relied on when choosing the firm.
That's something worth asking about before you sign a retainer agreement.
Choose the Lawyer and the Firm
When you're interviewing divorce lawyers, don't evaluate only the person sitting across the table from you.
Find out how the entire firm operates. Ask who will work on your file. Ask how communication is handled. Ask who will be making the important strategic decisions with you. Then decide whether that arrangement gives you the level of confidence you need.
If you're still preparing for divorce, my free Divorce Smarter Course can also help you understand the decisions ahead of you before you hire a lawyer or file your case.
Until next time,
Steve