What would you say is the key to ensuring that you choose the right professional for your situation?
The most important thing you can do is to do your research – there’s no excuse for just picking a name out of the phone book or the first name that comes up in an online search
The first myth I would like to debunk – the idea that you should go with the first available lawyer or mediator when looking to book an initial consultation
I recommend doing your research thoroughly:
- You may want to get personal recommendations from friends or colleagues who have gone thru a divorce – make sure that when you ask them who they recommend, you ask them why. The professional that was right for them may or may not be right for you.
- Look at their website or social media presence – do they post things that are in-line with what you’re looking for?
- In the world of online reviews, use with caution. They can be helpful in some instances, but because you won’t know the context of that person’s case and experience with the lawyer or mediator, they can be more difficult to rely upon exclusively.
If you are choosing to meet with a lawyer, and you have a certain process choice in mind for how you will separate, make sure that this lawyer offers that process as an option.
How should a person prepare for the initial consultation to get the most out of it and to make sure that you’ve chosen the right professional?
- Start gathering up any relevant documents and court paperwork for them to review
- Create a list of questions to ask, and write down the issues that are top-of-mind for you to resolve
- Your lawyer or mediator may have a questionnaire for you to complete prior to the appointment – the more information that you fill out, the quicker you will be able to get to the substance of your matter – if you don’t fill out the paperwork completely, then the first part of the appointment may be taken up by asking these basic questions that were missed on the questionnaire
- Likely when you book your appointment you will be given information such as – how long the appointment is expected to last, the consultation fee, the forms of payment they accept, and the identification you will need to bring. If not, you may want to ask these questions.
What can one expect at an initial consultation?
It will typically last anywhere from 30 to 90 minutes. Likely you will leave with information overload – you may want to bring your journal to write notes in or to have your list of questions ready.
The lawyer or mediator will listen to your story and ask numerous questions, and will review the next steps in moving forward. The lawyer will provide you with legal information and legal advice based on your situation.
Usually to open up the conversation, the lawyer or mediator will either ask you a general question such as
- “So I understand that you and your spouse have been separated for a couple months – how have things been going since the separation” or
- “I see that you wrote in your questionnaire that you needed to meet with me about X – tell me a little more”
- This will prompt you to tell your story
- Or, they may open up with a series of more direct questions relating to all of the typical topics relating to divorce – to see where things are at on each of the topics
The more information you have provided in your questionnaire, the easier it will be for them to get to the heart of what’s going on and to give you the information or advice you need.
Once you are finished giving the context of your situation, be sure that you haven’t left anything out. Be open and honest – they can only help you as much as you allow them to. If you leave things out, they may not be as effective at helping you.
What kinds of questions should you ask at an initial consultation?
Before you hire your lawyer or mediator, you should ask questions like:
- How does their billing work?
- What is their hourly rate?
- How often do they bill – monthly, quarterly, event-based such as before a particular step in your file happens?
- Ask about the retainer requirements – a retainer is a deposit that you pay to your professional typically prior to starting work on your matter
- How much of a retainer do they require?
- Is your retainer used for paying your bill or do you need to pay your bill on top of your retainer?
- Find out what forms of payment do they accept? Some will accept credit card or electronic funds transfer, and others only accept cheques
- If your matter will be billed by the hour, inquire as to the interval on which they bill –usually it’s by the fraction of an hour, but professionals sometimes charge by the 6-minute intervals, and others by the quarter-of-an-hour interval, yet others offer value-based billing or flat rate billing.
Communication is another key inquiry you should make. Effective communication is key to a workable relationship.
- First, inquire as to what method of communication they use with their clients?
- For email – who should you be sending the emails to – the professional, the assistant, or both?
- Does their office text with clients?
- How are appointments booked and confirmed? By text? By email?
- Next, what are their expectations for document delivery?
- Some prefer that you deliver your paper documents to their office for copying or scanning, others prefer that you send them in electronically.
- Find out what they charge for handling documents – is there a per page cost for scanning or copying?
- If you will be sending your documents in electronically, some prefer by email, while others ask for them to be brought in on an external device like a USB stick or a DVD. Some who are tech savvy operate a secure client portal where you can upload and download documents as well as manage other aspects of your case in one handy secure location.
- If you need to speak with your lawyer or mediator, how are you to arrange this?
- Do you need to book an appointment ahead or can you just call the office and reach them? How far ahead do you need to book?
- Do they typically meet by video-conference, by phone, or in-person?
- If expectations are set out from the start, it can dramatically increase the level of satisfaction you will have as your case progresses. It can either be a source of frustration or a very workable arrangement. It is more likely to be effective if expectations are pre-determined.
- The timeline – how long will this take?
- At the end of the consultation, the lawyer or mediator will have a better idea of your situation, and may be able to give you a guestimate of the degree of complexity, the cost, and even the timeline you can expect.
- When I say guestimate, I mean a very very rough idea – it is very hard to predict in divorces what turns the situation will take along the way
- This is a very difficult question to answer as a divorce professional
- Often the timeline will depend on these 3 things:
- The process you choose – will it be divorce court or one of the negotiation alternatives such as mediation or Collaborative Divorce?
- The level of conflict between you and your former spouse – this can relate back to process, as very often the process can either escalate or de-escalate the conflict level.
- The number of issues to be resolved.
Why is the initial consultation such an important step in your separation or divorce transition?
This appointment sets the stage for the rest of your transition through divorce. You will likely need to maintain a close relationship with this professional for months and possibly years – it’s important that you choose someone with whom you feel you can work closely.
The consultation is a mutual interview – neither you as client or the professional is required to create a long-term relationship from this initial meeting – you will meet with this professional, and from there they will decide if your situation is right for their practice and you will decide whether their style is right for you.
This is why the research ahead of the consultation is so important – you will get a feeling of the professional’s approach, experience & style as well as their office’s client service before even meeting with them.