When you’re going through a divorce and looking for an attorney, remember that you don’t have to hire the first attorney you meet. Choosing the right lawyer to guide you through your divorce is one of the most important divorce-related decisions you’ll make.

Even if you’ve received a referral to a family law attorney from a friend or another lawyer, you should still do your homework; check the attorney’s qualifications, and make sure he or she has enough experience to handle your case.

There are lots of lawyers out there, and many advertise themselves as “family law” or “divorce” attorneys. However, family law is a subspecialty that involves complex legal principles, which take time and experience to master. Within the area of family law, there are even further subspecialties, such as custody law, international custody law, guardianship, and an area of the law involving Qualified Domestic Relations Orders (QDROs), which are special orders required to divide certain types of retirement benefits.

In addition, there are various financial aspects of divorce, including:

• financial disclosure requirements between spouses
• restraining orders prohibiting spouses from changing beneficiary designations or transferring assets before and during the divorce
• alimony (how to calculate income available for alimony and the special factors courts consider when determining setting payments)
• child support (how to calculate child support in your state)
• the division of property and assets, including real property, collectibles, venture capital interests, stock option portfolios, good will, or other business interests, and
• the division of retirement benefits.

There is a vast body of law (which will vary from state to state) that applies to these issues. These laws are frequently updated or overturned by the legislature and/or the courts, so you’ll need to find an attorney that’s familiar with the new rules and cases that apply to your divorce.

If you have a very simple case, with minimal financial issues and no children, you may feel comfortable hiring a less experienced family law attorney. However, if you’re facing a contested divorce case that involves substantial assets, complicated financial questions, or a complex custody dispute, you should look for an experienced attorney that specializes in family law and has experience with the particular issues involved in your case. For tips about hiring a divorce lawyer to handle some or all of your divorce case, see our article, Hiring a Divorce Lawyer.

Ten Questions to Ask a Divorce Attorney

We’ve provided a few questions you might consider asking during your initial interview with a family law attorney. These may help you determine whether this lawyer is right for your case.

1. Do you specialize in divorces, or are divorces just a part of your practice? How long have you been practicing family law? How many family law cases have you handled? Are you a “certified family law specialist?”

2. What is your strategy for my case? How long will it take to resolve my case?

3. How long do you take to return phone calls?…

You’ve finished your law degree. You’ve breezed through practical legal training. You’ve signed the roll of solicitors. At last, the day you’ve worked years for has come – you’re a lawyer. So, what next? How do you translate all those years of hard learned law into a successful legal career? It’s a question commonly asked by students at the College of Law. In response, the College of Law has written an eBook guide to thriving as a lawyer, featuring 10 practical tips for new lawyers.

 

 

The ebook covers some of these topics and more. Download your copy for the full ebook.

 

Find a mentor, and don’t be afraid to ask questions

No lawyer starts their career knowing all the answers. The key is to ask good questions which reflect the fact that you have attempted to research and find the answer for yourself. A mentor can be an ideal person to whom you could pose career or legal questions; as mentor relationships can exist independently of your workplace, it can be a safe space to ask what might seem like foolish questions. Mentors are also an excellent source of contacts, and more importantly, only agreed to be your mentor because they are passionate about your progress. Formal mentoring programs can exist within a law firm, or as part of your local legal professional body. However, you can also form your own mentor relationships – if you meet someone you find inspiring, approach them! The worst that can happen is that they are too busy to assist.

 

Forget work-life balance, but be kind to yourself

Lawyer hours are notoriously long. So long, in fact, that perhaps it’s best to embrace the idea that work and life are not mutually exclusive. Indeed, they exist as part of a whole life – your whole life. Achieving balance is less about an unsustainable ‘work hard, play hard’ lifestyle, and more about enjoying what you do while also dedicating quality time to your loved ones, and looking after yourself through rest, exercise, and downtime.

It’s an approach that is fundamentally being kind to yourself. As a new lawyer, you’re likely to make mistakes. However, as well-trained pessimists, lawyers are often far too hard on themselves for making mistakes. Instead, reframe your mistake as a necessary lesson, one learned by countless lawyers before you. As long as you learn and consistently improve, it was a mistake well worth making.

 

Negotiate like a pro

Negotiating on behalf of your client is part of every lawyer’s day-to-day workload. Doing so effectively requires you to develop emotional intelligence and empathy, two skills not easily taught. To succeed as a negotiator, keep in mind that it is crucial to be ‘hard on the problem’, but ‘soft on the people’. In other words, be firm about your client’s position without making it personal for the person sitting across the negotiating table. Be courteous and collaborative as a negotiator; after all, settling a situation in the negotiation room is likely to be a lot more amicable and less expensive for your client than taking a case to court.…

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