| HIRING AN ATTORNEY |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
HOW TO SELECT A LAWYER. Choosing the right divorce attorney may be one of
the most important decision you will ever have to make as this decision can
affect your property, money, and even the future of your children. You must be
able to develop a comfortable relationship with the attorney handling your
divorce as you will be discussing very sensitive issues.
Attorney Melvin Bellini, co-author of Divorcing, states the characteristics to
consider when hiring a divorce attorney:
CAUTION IN SEEKING A DIVORCE ATTORNEY. Be very cautious when seeking a
divorce attorney if the attorney guarantees results, promises a quick result for a
low fee, or is giving information that sounds odd or wrong. Also keep in mind
that the cost of an attorney is not indicative of the quality of results. Simply hiring
the most expensive attorney does not guarantee you will have the upper hand in
the divorce.
Obtaining a recommendation from an attorney or someone who has been
through a divorce is an excellent method of selecting an attorney. However, you
must also make an independent choice if this is the attorney for you. It is not
uncommon to have more than one attorney handle your divorce if the attorney-
client relationship is simply not working. The client must feel comfortable
discussing very personal and sensitive information with the attorney. If a client
does not feel comfortable with the attorney, the client should discuss any
concerns with the attorney in an attempt to resolve the problems. If the discord
cannot be worked out after an honest attempt, the client should not hesitate to
seek different legal counsel.
BUSINESS RELATIONSHIP. One of the most important topics to discuss with an
potential divorce attorney is the cost of that attorney. Every law firm has its own
policies and procedures pertaining to payment of its fees. Many people seeking
legal counsel forget that a law firm is a business. As such, the attorney must
receive payment for the services rendered. When an attorney is hired, an
attorney-client relationship is formed that is, among other things, a business
relationship. This portion of the relationship needs to be clearly defined at the
onset of the relationship to avoid confusion later in this relationship. Most
attorneys have the client sign an attorney-client contract. If any questions arise
during the representation, a client can review the contract.
FEE CONTRACT. Prior to hiring any attorney, thoroughly discuss the fees of the
attorney. Most attorneys have the client sign an attorney-client contract detailing
the retainer/flate fee associated with representation; if paying by the hour the
hourly rate of the attorney needs to be included; the billing practices of the
attorney; the responsibilities of the client during the representation; the costs for
which the client is responsible such as filing fee, service fees, copy costs, etc.;
and the scope of the attorney's representation. If you have any questions about
the fee agreement ask the attorney. The attorney should explain what is
expected of the client once the retainer is depleted. Some attorneys will require
additional retainers to be posted upon depletion of the initial retainer. Other
attorneys allow client to make payments if made on a regular basis. Prior to
hiring an attorney, inquire as to what is expected once the retainer is depleted.
INITIAL CONSULTATIONS. Some attorneys charge a fee for the initial
consultation. Other attorneys have a free initial consultation. An initial
consultations can occur in an appointment at the lawyer's office or over the
phone. The subject of cost for the initial consultation should be discussed at
the time the appointment is scheduled. Attorney Angela Lund-Logan offers a
FREE initial consultation , in her office or over the phone.
ATTORNEY-CLIENT RELATIONSHIP
Nature of the attorney-client relationship. A good attorney-client relationship is
a team effort where concerns can be openly and freely discussed, options
weighed, and a mutually agreeable course of action selected. The attorney has
the responsibility to protect the client's interests, including the duty to uncover
issues the client may not have considered. The attorney should be sympathetic
and compassionate towards the client as a divorce can cause a tremendous
amount of turmoil and stress for the client. The client should not expect the
attorney to take the place of a counselor or therapist as the attorney. The
attorney should listen to client's concerns about the divorce and the behavior of
the client's spouse as this could assist the attorney in properly advising the
client in the divorce.
Breakdown of the Attorney-Client relationship. It is not uncommon for an
individual to have more than one attorney during a divorce.
An attorney has the right to file a Motion to withdraw from representing a client at
any time during the representation if the client refuses to meet his/her
responsibilities. The responsibilities of the client include keeping the attorney
informed of his/her address and phone number, communicating with the
attorney to aid the attorney in resolving the divorce, and appearing in court when
necessary. The client must also pay the attorney's fees per the fee arrangement
set forth in the attorney-client contract. If the client fails to meet these
responsibilities, the judge assigned to the divorce will generally allow the
attorney to withdraw. If the attorney is owed fees, the attorney can request
payment of these fees by the client.
Failure to pay attorney's fees. If the attorney is owned fees at the time the
attorney withdraws from representing the client either by request of the client or
by the attorney, the attorney can request a judgment against the client for the
outstanding fees. Upon receipt of the judgment order, the attorney becomes like
any other creditor.
the most important decision you will ever have to make as this decision can
affect your property, money, and even the future of your children. You must be
able to develop a comfortable relationship with the attorney handling your
divorce as you will be discussing very sensitive issues.
Attorney Melvin Bellini, co-author of Divorcing, states the characteristics to
consider when hiring a divorce attorney:
- The lawyer should be sensitive and objective
- Straightforward about billing and costs
- Clearly explain what legal terms mean and what the legal procedures
are about
- Answer questions without making the client feel uncomfortable
- The lawyer should not promise any particular results
- He or she should avoid unnecessary adversity while working hard to
protect your rights and best interests
- The lawyer will communicate with the client about the progression of the
case
- Knowledge about the divorce laws of Illinois and how the laws are
applied in the county in which your divorce will be handled
- He or she should minimize your costs by encouraging mediation,
discussion being the spouses, settlement conferences, etc.
CAUTION IN SEEKING A DIVORCE ATTORNEY. Be very cautious when seeking a
divorce attorney if the attorney guarantees results, promises a quick result for a
low fee, or is giving information that sounds odd or wrong. Also keep in mind
that the cost of an attorney is not indicative of the quality of results. Simply hiring
the most expensive attorney does not guarantee you will have the upper hand in
the divorce.
Obtaining a recommendation from an attorney or someone who has been
through a divorce is an excellent method of selecting an attorney. However, you
must also make an independent choice if this is the attorney for you. It is not
uncommon to have more than one attorney handle your divorce if the attorney-
client relationship is simply not working. The client must feel comfortable
discussing very personal and sensitive information with the attorney. If a client
does not feel comfortable with the attorney, the client should discuss any
concerns with the attorney in an attempt to resolve the problems. If the discord
cannot be worked out after an honest attempt, the client should not hesitate to
seek different legal counsel.
BUSINESS RELATIONSHIP. One of the most important topics to discuss with an
potential divorce attorney is the cost of that attorney. Every law firm has its own
policies and procedures pertaining to payment of its fees. Many people seeking
legal counsel forget that a law firm is a business. As such, the attorney must
receive payment for the services rendered. When an attorney is hired, an
attorney-client relationship is formed that is, among other things, a business
relationship. This portion of the relationship needs to be clearly defined at the
onset of the relationship to avoid confusion later in this relationship. Most
attorneys have the client sign an attorney-client contract. If any questions arise
during the representation, a client can review the contract.
FEE CONTRACT. Prior to hiring any attorney, thoroughly discuss the fees of the
attorney. Most attorneys have the client sign an attorney-client contract detailing
the retainer/flate fee associated with representation; if paying by the hour the
hourly rate of the attorney needs to be included; the billing practices of the
attorney; the responsibilities of the client during the representation; the costs for
which the client is responsible such as filing fee, service fees, copy costs, etc.;
and the scope of the attorney's representation. If you have any questions about
the fee agreement ask the attorney. The attorney should explain what is
expected of the client once the retainer is depleted. Some attorneys will require
additional retainers to be posted upon depletion of the initial retainer. Other
attorneys allow client to make payments if made on a regular basis. Prior to
hiring an attorney, inquire as to what is expected once the retainer is depleted.
INITIAL CONSULTATIONS. Some attorneys charge a fee for the initial
consultation. Other attorneys have a free initial consultation. An initial
consultations can occur in an appointment at the lawyer's office or over the
phone. The subject of cost for the initial consultation should be discussed at
the time the appointment is scheduled. Attorney Angela Lund-Logan offers a
FREE initial consultation , in her office or over the phone.
ATTORNEY-CLIENT RELATIONSHIP
Nature of the attorney-client relationship. A good attorney-client relationship is
a team effort where concerns can be openly and freely discussed, options
weighed, and a mutually agreeable course of action selected. The attorney has
the responsibility to protect the client's interests, including the duty to uncover
issues the client may not have considered. The attorney should be sympathetic
and compassionate towards the client as a divorce can cause a tremendous
amount of turmoil and stress for the client. The client should not expect the
attorney to take the place of a counselor or therapist as the attorney. The
attorney should listen to client's concerns about the divorce and the behavior of
the client's spouse as this could assist the attorney in properly advising the
client in the divorce.
Breakdown of the Attorney-Client relationship. It is not uncommon for an
individual to have more than one attorney during a divorce.
An attorney has the right to file a Motion to withdraw from representing a client at
any time during the representation if the client refuses to meet his/her
responsibilities. The responsibilities of the client include keeping the attorney
informed of his/her address and phone number, communicating with the
attorney to aid the attorney in resolving the divorce, and appearing in court when
necessary. The client must also pay the attorney's fees per the fee arrangement
set forth in the attorney-client contract. If the client fails to meet these
responsibilities, the judge assigned to the divorce will generally allow the
attorney to withdraw. If the attorney is owed fees, the attorney can request
payment of these fees by the client.
Failure to pay attorney's fees. If the attorney is owned fees at the time the
attorney withdraws from representing the client either by request of the client or
by the attorney, the attorney can request a judgment against the client for the
outstanding fees. Upon receipt of the judgment order, the attorney becomes like
any other creditor.
| WEBSITE OF THE LAW OFFICE OF ANGELA LUND-LOGAN |