Selecting an Attorney for Your Divorce or Separation

Selecting the right divorce lawyer is very important. It can affect your satisfaction, the outcome, the cost, and even the process options that are offered to you. The practice of law is a melding of many disciplines and can be viewed as being closer to a learned art than to a science. Not all divorce lawyers are the same, and experience in the process you are considering is one factor to consider. Each divorce lawyer brings his or her own unique personality, intellect, skill set, and background to the practice. There are profound differences. Fortunately, the Seattle area has many good divorce lawyers, so you have the opportunity to choose the best one for you.

The following considerations may be helpful to assist you to find a divorce lawyer who will be a good “fit” for you. Because the choice is so important, we recommend that you meet with several lawyers before making your final selection. It will take you some time and effort to do so. Also, many experienced family law attorneys do charge for a consultation. The investment in time and money will be small compared to the cost of selecting the wrong lawyer for you. Unfortunately, there is no substitute for legwork and research by you.

There are many ways to narrow down a list of lawyers to interview. Nowadays, the Internet is a remarkable resource, that can be used to start creating a list. Both SuperLawyers.com and Avvo.com may be good places to start your search, perhaps together with some searches with your favorite search engine. If you are seeking representation by an attorney with special skills, such as an attorney trained in Collaborative Divorce, most are listed on the websites of member organizations, such as websites for King County Collaborative Law and the International Academy of Collaborative Professionals. Be skeptical with ratings -- there is no single measure for a “good” attorney, and rating systems in directories are necessarily subjective and biased towards what is being measured, which may have nothing to do with what is important to you or even actual skill. (Mark happens to be among the top-rated in various directories that rank lawyers, but questions how any such rating system can have validity.)  Nor are ratings systems necessarily even internally reliable; at least one prestigious legal directory has become known for having its sales representatives work with advertisers to influence the ratings.

A more traditional resource for finding a good lawyer is word of mouth. Ask family members, friends, co-workers, and acquaintances if they can recommend an attorney. The majority of new clients for most attorneys come from recommendations from former clients and other lawyers. Take such recommendations as a starting point — a lawyer or approach who was right for someone else may not be right for you. Different people have different experiences.

Here are some considerations to think about:

I. MINIMUM STANDARDS

A. Skill and Experience

A lawyer's skill can be important, and can be measured many different ways. For example, the training and experience of a lawyer in an area of law may be an indication of skill. Law can be complex, and an attorney who is skilled and experienced in one area of the law (for example, criminal defense) may not be skilled or experienced in another area of law (such as family law). Admission to organizations that maintain criteria for qualification can be an indicator of the area of law in which the attorney has interest, and has therefore more likely spent the time needed to develop knowledge and skill.

As important as selecting an attorney who is skilled and experienced in a particular field of law (such as divorce law), it is also worth taking time to decide which particular process skill set is most important to you. For example, a lawyer who is skilled in litigation may not have the training or talent to settle cases without resorting to court. The opposite can also be true. Just as a divorce lawyer without training and experience in mediation may not have the skills to mediate or effectively facilitate a settlement discussion, a lawyer whose career has been focused on mediation may not have the skill set for litigation. If you are looking at resolving your case other than through litigation, it will be helpful to inquire what training and experience he or she has in non-litigation forms of dispute resolution, such as mediation or collaborative law, and his or her settlement philosophy.

Many are surprised to learn that the standard law school curriculum does include any negotiation theory or skill building. Individual lawyers who are interested in gaining those skills need to seek out that training. A majority of lawyers have no formal training or background in negotiation or dispute resolution, and therefore are limited to using less-effective litigation tactics in their negotiations. Unfortunately, it is unlikely that a high level of skill in negotiation can be acquired solely through the on the job training that litigation lawyers receive. Consequently, many divorce lawyers who otherwise do an excellent job do not excel in their negotiation skills. Sometimes, it is useful for such a lawyer to work with a negotiation consultant to complement litigation skills.

Collaborative Divorce is a very specific process, and uses several skill sets that require training to understand and experience to develop. For that reason, Collaborative Divorce training and experience is particularly important if you wish to use Collaborative Law, because it requires a significant paradigm shift and different skills for the attorneys. A list of local Collaboratively-trained lawyers is available at www.kingcountycollab.org.

B. Focus and Style

Like other persons, lawyers' focuses and styles vary greatly. There is no one “right” way to practice law. For example, does the lawyer you are considering prefer to file motions with the court right away or to wait? Does the lawyer you are considering prefer to conduct formal discovery (information gathering)? Is the style of the lawyer you are considering hiring to minimize the use of the courts? Is the lawyer more of a thinker or more of a do-er? These are only a few of the many focus differences between lawyers.

C. Ethical Complaints

All Washington lawyers must abide by ethical rules of the Rules of Professional Conduct, and are regulated by the Washington Supreme Court through the Washington State Bar Association (“WSBA”). The WSBA investigates grievances against lawyers and can discipline lawyers.

You may wish to ask whether the WSBA has disciplined a lawyer. Lawyer discipline (once final) is a matter of public record and you can search on the WSBA website to check. If a lawyer has been disciplined, consider the reason, and whether you are still comfortable having that lawyer represent you.

D. Communication

Does your lawyer listen to you? Listening is an important skill. No lawyer can know what is best for your situation, or even advise you, without gaining an understanding about your situation and what is important to you. This means that a good lawyer will listen to you to gain understanding.

And, do you understand what your divorce lawyer is saying? There is very little in the law (or elsewhere) that cannot be explained so you can make good decisions for yourself. If you have troubles truly understanding what the lawyer is saying or if it does not make sense to you, ask for clarification. If the lawyer is unable to do so, it could mean that the lawyer is unable to effectively communicate with you, or even that the lawyer does not understand the topic sufficiently to be able to explain it. (It happens!) Since communication is so essential to providing legal services, you may wish to consider hiring another lawyer if you can’t understand what your divorce lawyer is trying to communicate.

E. Availability

Will your lawyer be available to meet or talk with you on reasonable request? Or will you always be unable to speak with your lawyer except through secretaries or paralegals? (Remember that better lawyers are usually very busy, so some communications through secretaries and paralegals and some delay in setting up meetings will probably be inevitable.)

Who will be doing the actual work on your case? Will it be the lawyer with whom you meet? Will it be a secretary or paralegal? Will it be another lawyer altogether? You may wish to ask.

F. Honesty

A good lawyer will insist in honesty in all his or her dealings. A good lawyer will not do things “under the table”, try to hoodwink people, or coach you to create “facts” that do not exist. If a lawyer you are considering appears willing to compromise his or her honesty or integrity in any respect -- even if supposedly to your benefit -- it is a sign that more may also be compromised. Leave immediately.

In order to make good decisions, you need good guidance. A good lawyer will not be a cheerleader for you, but will ask you probing questions to help you figure out what is most important to you, and give you an accurate and honest assessment of the issues in your case. 

G. Writing

Good lawyering requires good writing skills, if only to prepare a clear agreement that you can follow. A good lawyer is a good writer. Read the writing of your lawyer. While legal writing is not literature, it should be accurate, clear, grammatically correct, and well-organized.

H. Keeping You Informed

A good lawyer will keep a client informed. Ask every lawyer you are interviewing how he/she does that. Will the lawyer send copies of all documents to you? Does the lawyer make periodic reports? If you have a question about a matter, can you discuss it with the lawyer? You should insist on remaining fully informed, because you will be unable to make good decisions if you are not.

II.  FAMILIARITY AND EXPERIENCE WITH THE TYPE OF CASE

Most people realize that the more that they know, the more they recognize they do not know. Just because someone has a law degree and passed the Bar examination does not mean that he or she knows anything about you, your family, or even your type of case. Before hiring a lawyer, you should ask the experience that lawyer has with your type of case.

A lawyer’s involvement in professional activities (such as being on committees or boards regarding certain areas of law) can be a sign that the lawyer cares about a particular area of law. If the lawyer cares, he or she may be better informed and may have better skills in that area. You may wish to ask a lawyer about his or her community and Bar activities.

III. STYLE

Perhaps the biggest difference between attorneys is style. There are flamboyant lawyers and quiet ones. There are boasters and understaters. There are aggressive attorneys and passive ones. There are performers and there are scholars. There are listeners and also talkers. Lawyers can be oriented towards litigation or towards dispute resolution. An attorney's style does not necessarily reflect on his or her abilities, but a personality style will fit some cases and clients better than others.

When selecting a divorce attorney, look at his or her style. Do you believe you will be able to work with him or her? How do you think your spouse will react to that style? Select an attorney whose style is most suitable for you and your situation.

IV. FEES

Did the attorney fully answer your questions about fees? To ensure you completely understand, you may want to ask:

• What advanced fee/cost deposit, if any, is required, and is that likely to cover the entire cost? Is any part non-refundable?
• What is the basis for calculating the attorney’s fee (flat, hourly, etc.), including the specific rate and the measurement? For instance, is the hourly fee calculated in increments of one-quarter hour or one-tenth hour? Does the attorney charge a minimum for short phone calls and emails?
• What are the costs and expenses that you will be likely to pay, and are they marked up?
• What is the billing frequency (monthly, quarterly, etc.)?
• What is the policy of the attorney if you do not pay on time?

Most attorneys will not commence work without receiving a deposit. Ask whether the deposit is a separate retainer fee, or will be held in trust as security for fees.

V. ALTERNATIVES

If you cannot afford the fees of an attorney, some alternatives are available. Many family law resources are included on this site under “Family Law”. Other resources include:

• Legal Services organizations provides free legal representation to qualified low-income individuals.
• Some Bar Associations (such as the King County Bar Association) offer free or reduced-fee legal clinics, classes, and some special programs for low-income persons.
• All counties have “Domestic Violence Advocates” at the courthouse ready to assist domestic victims.
• Become as informed about the law and the procedures as possible. King County Bar Association publishes information for persons who are not represented by lawyers, available here.  Follow other links in this web site for more information.
• Many lawyers and law firms have pro bono programs to offer legal services to the poor at no cost or a reduced rate. You may wish to call law firms for this service. The Law Office of J. Mark Weiss, P.S., performs pro bono work through organized bar programs only. A list of pro bono programs is available HERE
• Hiring an attorney to provide “unbundled” services, such as preparing only certain paperwork, or appearing only for one motion. Some attorneys offer such services, which can substantially decrease the cost of services.

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