Hiring the Best Divorce Attorney for Your Case

Selecting the best attorney to represent your interests in any type of legal proceeding can be overwhelming, particularly if it’s related to issues as personal as divorce, child custody, and other family court proceedings or in related negotiations.  We hope this guide can assist you in selecting the best attorney to counsel and guide you through what may be a lengthy and potentially contentious process.

1. Researching Attorneys: Do a Thorough Online Search

If you do not have a referral by someone who has previously worked with the attorney, here are some tips on what to look for during your online search:

License in your State

Make sure that the attorney is licensed to practice law in your state.  In California, you can look up an attorney on www.calbar.org.  You should also see if the attorney’s membership is in good standing with the California State Bar.  The attorney’s profile will  include any disciplinary actions taken against them.

Expertise

Figure out if you want an attorney who specializes in family law or someone who does a little bit of everything.  We believe that an attorney whose practice is focused in family law is best for most clients going through a divorce or any other family court proceeding or related negotiation.  

Fortunately, the State Bar of California Legal Specialization Council has made it easy for clients to obtain assurances that they need to know that their attorneys are truly expert in the area of ​​family law.  When you hire a family lawyer, who is also a California certified family law specialist, also known as a "CFLS", you can rest assured that you are represented by someone with experience and expertise to deal with all aspects of your divorce.

In order to become a CFLS, the attorney must be accredited by the State Bar California Legal Specialization Council or an organization that has a certification program (its requirements equivalent to the State Bar program) accredited by the State Bar.  The lawyer must demonstrate proficiency in the field of family law by completing the required experience and education, as well as taking and passing a written test in the field of family law.

After passing the specialized examination and obtaining a certificate, CFLS must continue to demonstrate a high level of expertise and skill in the field of family law, fulfill the requirements of ongoing legal education and evaluate it positively by lawyers and other judges who are knowledgeable about their work.

If you are looking for a lawyer who has the training, experience and expertise to deal with various aspects of your divorce, hiring a California CFLS attorney is your best choice.

Reviews by Clients, Awards and Recognition

Look at the attorney’s reviews on their website, Yelp, Google, Avvo and other reliable websites to learn a little bit about how the attorney interacts with clients or potential clients, whether the attorney is accessible, and the skills and experience they have in family law proceedings.

Another way you can learn more about the attorney’s skills and expertise is by looking at their awards and recognition which are often highlighted on their websites.  For example, there a Super Lawyers recognition is provided to outstanding lawyers who have attained a high-degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations and peer evaluations.  A recognition by Avvo is provided to attorneys based on their experience, background, legal community recognition (peer endorsements, associations, awards), and legal thought leadership (publications and speaking engagements). Some attorneys may also be recognized by local and/or state bar associations for their achievements in their field.

2. Ask Questions During the Initial Consultation

Getting to know the attorney handling your case

During your initial consultation, it will be important for you to get to know the attorney who may be handling your case.  You should ask questions to determine the breadth of experience he or she has on handling cases like yours such as how many divorce cases has he or she handled, what his or her experience is with property division, child custody etc.  

You should also find out who will be working on your case (e.g. will the case be handed over to an associate, and if so, what kind of experience does the associate have in handling cases like yours) and who your direct contact will be if you have questions or need to get a hold of the attorney. 

Learning more about costs and fees

While the retainer agreement will cover this, the initial consultation will be a good time to go over the details related to the legal fees, court fees and other costs related to your case.  You should ask about the initial retainer, the hourly rate of the attorneys working on your case (is it an hourly rate or flat rate), and how often the firm requires replenishing the retainer.

3. Other Factors to Consider

Here are other factors to look into during your online search and/or topics for discussion during the initial consultation:

Demeanor

A family law proceeding often requires divulging personal and intimate details about your marriage, finances, and information about your children.  You will need to be comfortable with the attorney you ultimately select.  You will need to be able to trust your attorney and follow his or her advice.  During your initial consultation, take note of the attorney’s demeanor and how he or she makes you feel.  

Attorney’s Litigation and/or Negotiation Style

As each family has a unique set of circumstances, each family attorney’s approach to negotiation and litigation can vary.  You should reflect on what your goals are and see if these goals would be best achieved by a long and potentially costly proceeding or by an attorney who would aggressively litigate from the get-go.  Factors like whether children are involved, the type of assets in dispute, how quickly the parties want to resolve the issues are important to consider in deciding which approach makes sense for you.  

Language

Selecting an attorney who speaks your language fluently and/or has an associate or interpreter on their staff to best assist you during this difficult time is going to be important.

Reputation and Involvement in the Community

Family law is a small legal community so an attorney who is well-respected and involved in the family courts and community is another factor to consider when hiring a divorce attorney as he or she is likely more knowledgeable as to how certain judges may rule and have more resources through their network for support.