Hiring a Family Law Attorney

Should it become necessary that you need the services of a family law or domestic law attorney, one of the best places to start your search to locate one is referrals from family and friends. Ask if they were satisfied with the outcome, with the attorney's responsiveness to their needs, was the attorney up front about their ability to succeed in reaching their goals and costs to be incurred, did they feel like their attorney kept them informed of the process as they went along? What about their ex-spouse's attorney - do they feel like he or she did a better job?? The Louisiana State Bar Association recognizes family law as a specialty - does your case require the expertise of a Board Certified Family Specialist?

When seeking the assistance of an attorney for family law matters you should not expect a free consultation. In Louisiana, the attorney is not and cannot take your case on a contingency basis (like a car wreck); that is, an attorney cannot obtain a divorce for you and base his fees on any portion of your recovery. When consulting an attorney, you are obtaining knowledge from him that you may utilize later in your divorce, whether you hire that particular attorney or not. A better attorney-client relationship is fostered when the financial guidelines are clear from the onset. In that most persons seeking a divorce have never utilized the services of an attorney before, they may not be familiar with billing practices. Generally, fees charged for family law services will vary in accordance with the geographical locations and the expertise of the attorney.

Most attorneys' billings are stated in increments of tenths of an hour. That is, one-tenth of an hour (.1) is six minutes; two-tenths (.2) of an hour is twelve minutes, etc. It is also important to realize that usually you will be charged for telephone calls, travel time and delays waiting to be heard in court. The majority of the time spent working on your case may not involve personal contact with you.

Typically, a domestic or family law attorney will quote you a fee which you will be required to pay in advance before work commences. The amount of this deposit or retainer fee will depend upon the degree of difficulty and anticipated time involvement in your case. You should clarify with the attorney if this fee is a deposit, where additional sums may be necessary in the future, or if this fee is a true retainer or flat fee. Clarify the attorney's hourly rate.

Your deposit should be placed into the attorney's trust account and as work is completed the attorney will pay himself from that account. Remember, you are entitled to (but may need to request) an itemized invoice for the attorney's time spent on your case. Your invoice should also reflect payment of actual costs in your case, such at court costs or subpoena costs. Some attorneys charge separately for copy or mailing costs. Should your case be brought to conclusion for fees and expenses in an amount less than the deposit, you may be entitled to a refund on any unused portion of the initial deposit.

You also need to clarify if any interest will be incurred on any unpaid balance on your account. Also inquire regarding what costs may not be covered by your deposit, such as mental health professionals, private investigators, or experts such as accountants. You also need to speak with your attorney regarding his policy of providing you with copies of correspondence and/or pleadings. These documents should keep you abreast of the progress in your case.