June 6

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How to Find and Hire the Right Lawyer for Your Divorce Case

By Samantha Malloy

June 6, 2024


Last week’s post focused on the impact a family law case can have on a child's graduation. (We also discussed the broader context that your choices can have on adults with whom you have an ongoing overlap with your former partner/spouse.)

Because you aren’t making those choices free from other influences, this post discusses how to find a lawyer who will work with you in a way that frees up loved ones from your family law case.

If you’re interested in or feel you must litigate your case aggressively, this post will be of no value to you and you should stop reading. (We get it - some situations need a judge to decide the issues and your time is best spent finding a skillful trial lawyer.)

If, however, you want to move through your case as easily, economically and quickly as possible, read on to consider how to find a lawyer who is either

  • already focused on these goals OR
  • can tailor their plan to help you achieve them.

To best achieve these goals – either because it’s their default or because they’re willing to approach your case in this way, you should look for a lawyer who is:

  • Goal focused
  • Takes pride in problem solving
  • Sees trials/court as possible tool to achieve a goal and not the goal itself
  • Creative
  • A good negotiator
  • Prioritizes your outcome now and in the future over their “wins”

It starts with how and where you shop.

You read that right. Legal services are a purchase. You should shop for them just as you would for anything that is:

  • Important in the way it impacts you
  • Might be a high cost item
  • Requires high quality

Unless you have been through a court case before, you might not know what to look for and how to find that person.

Online

With the rise of websites and social media, there's a lot more information available than in the days of yellow-pages ad. Start by looking at the websites of the lawyers you are considering- you can learn a lot this way.

Look at the language they use and the focus of their pages. Is their language trial focused or combative? Do they use the following:

  • winning or losing
  • aggressive or assertive
  • dominate or crush
  • litigation
  • defend or oppose
  • focus on trial, court

If you are certain that you are going to be in the small minority of cases (<5%) that can only be finished with a trial, this may be the right place for you. But if you are interested in saving money, stress and time, and think your spouse/partner or co-parent is too, you probably want to look for language about

  • Problem solving
  • Settlement planning
  • Mediation strategies
  • Creative solutions
  • Goal identification

You can also look at what other people say about that lawyer, either in google reviews, website quotes or lawyer directories such as AVVO, lawyers.com etc.

Your Community

The best way to find the lawyer for you is to ask people whose judgment and experience you trust.

This could be friends and family or  professionals  in your life such as accountants, therapists, realtors, financial advisors. These are the people that know you and your situation so may have an idea of a good fit for you. Word-of-mouth referrals are probably something you’ve done before- whether you were looking for a dentist, a home repair person, a mechanic, etc.

Your community may also include social media. Social media groups or pages can also give you a head start on where to find a lawyer. Obviously, be careful about what you post because anyone can see it but you can read what others post without giving anything away.

Approach hiring a lawyer in the same way: ask around; find out what people know about your potential lawyer’s strengths; and, get the experiences of others.

Your Interview

Most lawyers offer consults. These often serve as an interview for the lawyer to see if  they want your case and  if you're interested in hiring them. Use these  to do your homework, ask questions and get information.

You should not hesitate to ask them about:

  • Their approach to goal setting
  • The timeline they see for your case and their average for the cases they handle
  • The cost range for your case and their average for the cases they handle
  • Your options procedurally and in working with them
  • Their plan to resolve your case in and out of court
  • The percent of cases they settle out of court versus the number that have to go to trial

After you've asked them questions and gotten their thoughts you can see if their approach works for you.

Don’t be afraid to get a second opinion from another lawyer. Though this step may take you more time and more money now, the money and time you save in the long run can be huge.

At Rogue Family Law, we will give you an Orientation. This overview not only gives you a solid understanding of the laws that affect your rights and responsibilities, but it also covers your options to resolve your case. We focus on creating more affordable, flexible and creative legal solutions which we are happy to explain along with the answers to all of the questions we recommend that you ask!

Click here to learn more about our Legal Orientation.

About the Author

Rogue Family Lawyer Samantha D. Malloy has been rated a “Super Lawyer" each year since 2020. She has over 30 years of experience handling complex cases in Oregon, Florida, and New York. She's also won the American Jurisprudence Award in Child, Parent and State and the Judge Aileen Haas Schwartz Award for Outstanding Work in the Field of Children's Law from New York University Law School.

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