Hiring the Right Lawyer in an Economic Downturn

Your savings have taken a hit, your job is less secure, and you're doing what you can to scale back costs, the last thing you need is to go through a costly divorce.   However, many people thinking about divorce simply cannot wait it out:  you must begin the process for the well being of you, your spouse, and your family.
The following are points to keep in mind when deciding which lawyer to retain:
1. Hire the right lawyer

Retain a lawyer that practices a large amount of family law.  He or she should have an idea of how a judge would likely view your case. Be sure you are comfortable with your lawyer. You should not find your lawyer intimidating or unresponsive. Your lawyer should be able to explain the process in a way that you understand. Choose a lawyer who is responsive and confident, but one who isn't aggressive or hostile, because that will prolong the process and increase fees.

2. Communicate with your spouse
Divorce proceedings are highly emotional.  Allowing your emotions control will result in a higher cost of services.  The number one way to keep costs down is to keep conflict low.  If there is a high level of conflict, there will likely be a low level of communication between spouses. Attorneys will become your go-between and, remember, each time you use your attorney to communicate, you will be billed for his or her time. If you can't Thus, if verbal communication is unlikely, communicate through text messages or email, but establish a good routine of communication. Keeping your divorce short and uncomplicated will help you spend less: the court process is slow, and issues can multiple and compound the more time it takes to reach a resolution. The more time it takes to come to a resolution, the more money you will spend.
3. Communicate with your attorney by email
Being in touch by e-mail allows your attorney to efficiently work with you, addressing your question at a time when he can focus on your case and providing you with a concise written answer to which you may refer later if confusion arises.
4. Provide all information to your attorney in electronic format
This is a key cost-saving practice. When providing information regarding property, debt, or for discovery responses in hard copy (nonelectronic) form, you will incur costs for the attorney’s assistant to type up the information in the correct format. Instead, ask your attorney’s assistant send you the proper form(s) electronically, then fill in all necessary information yourself where called for on the electronic document. When you’ve finished, save the document on your computer and send it back to the attorney via email attachment. Your attorney can then quickly make any necessary minor changes or corrections before finalizing the document.
5. Make sure your computer software is compatible with your attorney’s software
Generally, you will need only standard Excel and/or Word, which is standard with Microsoft Office, however, keeping up with Microsoft can often times be a daunting task.  If the files you are attempting to open or review have .docx (Word) or .xslx (Excel) and you are currently running Office 2003 download the compatibility pack.  Check with your attorney to determine which programs they currently use.  With everyone trying to get into the computer game, Google Docs, Corel, and Open Office provide dcoument processors.   Additionally, make sure, at a minimum, you have the capability to read PDF docs.  Adobe Reader is free.
6. Organize all complete, supporting documentation yourself
At some point in your case you will likely be required to supply several months or years of taxes, bank statements, credit card statements, retirement statements, monthly utility bills, pay check stubs, blue book appraisals, real estate tax assessments and the like. You will save several hundreds of dollars if you first organize the documents by document type, then in chronological order. Separate them in a logical manner so the attorney can easily see what you have provided. Also, be sure that all information is complete before providing the documents to your lawyer or, if a few key documents are missing, make a note for your lawyer of which documents are missing and when you will have them available. Noncomplete, disorganized documents cause your lawyer to spend a lot of unnecessary time trying to determine what you have provided and what is missing. And, of course, their time is your money.
7. Talk to your lawyer’s assistant
A lawyer’s assistant bills at a lower rate than your attorney. For simple questions such as “has something happened on my case yet?” or “did my attorney get my fax?” it is often quicker and cheaper to ask the assistant. Also, your attorney will often have to ask her to get answers on paperwork issues, anyhow.
8. Hire a lawyer
One common problem is that people often get information from the wrong source. You cannot get a good understanding of the system by talking to friends about their divorce, nor can you bring courtroom television into the regular courtroom. Those who have gone through the process have a hard time seeing things from both sides. They know whether they were satisfied with the result or not but may not understand how the judge got to that result. As a result, sometimes people have very unrealistic expectations of what the Judge is empowered to do or what the Judge is going to do. A common problem with people drafting their own complaints for divorce without legal advice is that they often ask for things a judge is unlikely to grant, which then causes their spouse to feel unnecessarily threatened and upset, thereby making their spouse approach the case aggressively. Even if you only pay a lawyer for legal advice before and while drafting a complaint, hiring a lawyer can save you money by knowing what you and your spouse will likely be entitled to, and therefore, what you should (and should not) be asking for.
9. Beware of legal forms
Even if you are able to get a divorce without an attorney, without the benefit expertise of a lawyer who has seen the problems of an ill-drafted Decree, the terms of your Decree may create more problems than it solves. Even self-represented litigants are expected to understand the nuances and technicalities of the law. Because each divorce case is highly fact-specific, consulting with a lawyer can ensure you have language in the Decree that protects you for future custody battles, omitted assets and debts, issues with selling or refinancing a home. A relatively small attorney’s fee up front for review of a proposed Decree can save you thousands of dollars after the fact.
10. Remember that your lawyer is not a psychologist
Try not to vent about your spouse or discuss each and every problem you had in your marriage with your attorney. Divorce lawyers do care about your feelings, however, they are more concerned about the facts in the case and assisting you in resolving the divorce. While it is important that your lawyer know all facts relevant to your case, resist the urge to relive the minutae that are not important to your case.
11. Remember that a “Zen” resolution is unlikely
People often want the divorce process to provide them with a satisfying feeling of completion and wholeness, as one judge quipped, a “Zen” resolution. They've gone through an emotional crisis and they expect the legal system to somehow fix that. The law can provide a resolution that is as fair and equitable as possible, but they have to accept that law cannot and will not address their emotional or moral concerns. Those who fail to accept this fact can extend the divorce process, and of course that means spending more money.
12. Prepare your lawyer with a succinct, written account of facts for custody issues
A brief but thorough and honest written account of issues concerning the children is crucial in assessing, negotiating, then trying your case. Supply a chronological, bullet-pointed list naming all relevant events—positive and negative about both parties—at the beginning of your case. As you remember facts, you may edit and supplement your list through the case. This will help your lawyer to quickly assess your case, and will provide a concrete outline focusing issues for future possible litigation. Not being prepared from the beginning on these highly fact-intensive custody issues can lead to messy situations that extend the length of the process and, of course, the costs.
13. Prepare your lawyer with a complete account of your property and debt
Account statements have a way of disappearing when the divorce process starts. Before starting the process, collect statements for all your financial holdings. Additionally, begin a list of all assets. Remember to note the present value of each asset, in whose name the asset is held, and when the asset was acquired. This list should include, but is not limited to:
• Retirement Assets (Pensions, 401ks, IRAs, etc)
• Liquid Assets (all bank accounts, stocks and bonds)
• Real Estate
• Personal Property
• Cash Value Life Insurance
• Business Interests
14. Consider jointly hiring an attorney
One low-cost solution for anyone whose divorce cases are somewhat non-hostile is to jointly hire an attorney to supervise and facilitate a settlement. In such a role, the attorney can advise you about flexible financial or custodial agreements. Such an approach would minimizes your separation and divorce bill for the reason that billable hours would be decreased. You and your spouse would have the task of accumulating and revealing information yourselves.
15. Be reasonable
The old adage that “Nobody gets everything they want in life,” is especially true in divorce. But you shouldn’t cave in on important issues. Make a list of your priorities and have a clear idea of what is negotiable and what is not. Keep in mind that the more you fight, the more expensive it will be. Be willing to compromise and keep an open mind. Judges are fond of saying that if both parties are unhappy that they lost something at the end, it is a fair resolution of the case