You and Your Attorney: Your Next Big Relationship, Part 1

January is the biggest month for new divorce filings. Why? Well, I thinkg there are a number of reasons. Lots of people want to get through the holidays first, keep the peace for friends and family during this time, and so forth. For still others, it's hoping that there will be some holiday magic that somehow changes things. Finally, lots of people look at the new year as a time to make a fresh start.

Matrimonial attorney, Amy De Shong, has some things to say about selecting an attorney. I'm posting the first part today, and the second part on Thursday:

Do I need an attorney? Say you and your spouse want to work amicably toward a low cost divorce outcome. Consulting with an attorney – especially if you do not tell your spouse about it – can feel like a betrayal. Worse, if you do tell your spouse about it, he or she may become angry. (“You promised we wouldn’t lawyer up!”)

Just as you would not sign yourself up for heart surgery without learning about your condition and your options, you should not try to settle with your spouse without having at least one consultation with an experienced family attorney. Your attorney will explain the law and how it applies to your situation. Everything you tell him or her is confidential – even the fact that you were there in the first place! When you learn about your legal rights, obligations, and options – as well as those of your spouse – you will feel the power that can only come from knowledge. There is no substitute for that.

Believe it or not, it’s better for you if your spouse does the same thing.

Can’t we just use the same attorney? In most jurisdictions, attorneys are prohibited from representing both of you. And that makes sense, once you think about it. A homemaking mom’s goals and incentives differ from those of her husband: an attorney representing mom usually seeks a high level of financial support for as long as possible, while counsel for husband seeks to minimize the support obligation and may offer an increased portion of the marital assets in lieu of sharing her client’s income.

I’ll make the appointment: now what? Your attorney should spend one to two hours with you. Expect to pay for the meeting. When you contact his or her office, ask whether there is a charge, the amount, whether payment is expected at the meeting, and whether the firm accepts payment by credit card. Think about how you will pay for the appointment if you do not wish for your spouse to know about the meeting. (If you pay with cash, your attorney should give you a written receipt.)

Ask whether you should bring any documents and expect to be asked to bring your last tax return, paystubs for you and your spouse, and a basic outline of your assets and liabilities. Know the amounts of certain monthly bills, such as your mortgage, real estate taxes, and homeowners insurance, so that the attorney can run a support calculation. Don’t be afraid if you don’t have all of that stuff – just do the best you can. Bring along a list of all your questions. When you make the call for the appointment, be ready to provide your spouse’s name and employment information, so that the attorney can run a conflict search before you get there. (This is particularly important with larger law firms, where another attorney at the firm may have already met with your spouse or the firm may already represent your spouse’s employer or family members.)

If you and your spouse signed any agreements together, including a Prenuptial Agreement, bring them along. The more information you can supply, the more useful the attorney can be. Most jurisdictions use grids or guidelines in assessing child and spousal support obligations. These are usually based on incomes and/or living expenses of the parties and their kids. If a spouse or child has special needs or unusual expenses, such as medication or therapy, bring that information along.

What will I learn at this meeting? As long as you bring the necessary information, your attorney should give you an overview of support, custody, and property distribution. The attorney should answer all of your questions and treat you with compassion and respect. Expect to become emotional and maybe even to cry during the meeting. Your attorney should listen to you, not interrupt you, and not lecture you.

Your attorney should be able to speak to you clearly and in plain terms. If he or she bristles at your concerns, is high-handed, or makes your feel stupid, thank him or her for the time and end the meeting. No experienced attorney should be threatened by your questions. At the same time, however, remember that things you may have read about divorce on the Internet or heard from the folks at your neighborhood bar are not always correct.

On Thursday - see "I've retained an attorney - what next?"

Amy P. De Shong, Esquire
Fellow, American Academy of Matrimonial Lawyers
Wisler Pearlstine, LLP
460 Norristown Road, Suite 110
Blue Bell, PA 19422-2326
Phone: (610) 825-8400
adeshong@wispearl.com
www.wislerpearlstine.com

copyright 2011 Amy P. De Shong