LAWYERS & FEES
Learn more about finding a lawyer:
What to Look for in a Domestic Relations Attorney
Document Checklist for Your Attorney
Legal Fees
Changing Lawyers
In a perfect world, all clients would be able to secure a divorce attorney’s legal representation. There are circumstances, however, when a client cannot afford to hire a lawyer even though they need one. There are no court-appointed attorneys for spouses in a divorce as there are in criminal cases.
Some clients can afford to hire an attorney, however they choose to save money and act as their own attorney. This can be an enormous mistake if you do not know your rights and what you are entitled to under Massachusetts law. Once a Judgment is entered, there are very limited circumstances under which it can be set aside and motions to do so are rarely granted.
The primary disadvantages of self-representation are that, if the opposing party has retained an attorney for representation during the divorce proceedings, the self-representing party is required to deal with the opposing party’s attorney. Dealing with an attorney as a lay person can be very difficult. The attorney knows information about the divorce process that the lay person may not know. Second, attorneys are knowledgeable about courtroom procedures and lay people generally are not. It may be very difficult for a party to enter a courtroom, which may be intimidating, and represent himself or herself before a judge. Third, if the party opts to represent themselves, they may be harboring a lot of anger, sadness, or may be in a fragile emotional state and may not be able to effectively do so. Fourth, if significant discovery is required during the divorce proceedings, the self-representing party may have a difficult time complying with the discovery requests and may not know of all of the potential discovery tactics. Last, the self-representing party may not be aware of all of the tactics used in divorce proceedings with respect to, among other things, dividing property and debts. Although the court has an obligation to ensure that any type of divorce settlement is fair and equitable, the court is not only looking out for the self-representing person, they are also looking out for the opposing party, whether represented or not.
Our divorce lawyers and family law attorneys have seen first-hand the risks and results of do-it-yourself divorces. Most often, months or even years later one or both spouses encounter legal problems that are directly related to inaccuracies or poor planning from the original divorce. Common problems are vague, non-specific language in a parenting plan, Separation Agreement, or discovering that the divorce was never finalized.
What to Look For in a Domestic Relations Attorney
We have found that when people are looking for a lawyer to handle their divorce, custody, modification or enforcement matter, you should be looking for the following qualities:
1. No matter what your preference to style is, make sure your attorney is local. Your attorney should know the judges, know the local rules and know the reputable attorneys in the area.
2. Your attorney should have a narrow practice focus. If your case is complex or of great significance, you should deal with a lawyer who almost exclusively focuses their practice on the area of law with which you are dealing. In other words, if your case relates to parenting issues or estate planning, you don’t want to work with an attorney who spends half their time on medical malpractice.
Go here to listen to our radio ad #6S. 3. If you have children, find an attorney who will put your children first. The client’s children need to be the number one priority for both the client and the attorney. No one should abuse, misuse, or manipulate the children in a divorce case.
Go here to listen to our radio ad #3N.
4. Your attorney should work at all times, zealously, toward the goal of getting the case resolved. Does the attorney realize that without a specific action plan the case is likely to take more time and cost more? Does the attorney routinely schedule a settlement conference at the earliest time available? Does the attorney typically provide a settlement offer to the other side at the earliest opportunity?
5. Whoever you hire should encourage – better yet insist – that you take charge of your case. Has the attorney explained that the more fighting there is, the more that will be spent for attorney fees? Does this attorney keep the billing up to date so the client knows at all times what the legal expenses are, and what work they paid for?
6. In the final decision, it’s all about feeling comfortable. Ask the right questions. Stay informed.
Contact us for a no-obligation consultation for your contested divorce, or learn about how to get started with your uncontested divorce.
Document Checklist for Your Attorney
The following checklist will prepare you for your initial meeting with your attorney:
- Checking, savings and money-market account statements from the bank
- Retirement account balances
- List of stocks and/or mutual funds
- Monthly Expenses – mortgage/rent, utilities, car payments, insurance, etc.
- Marital Home Information – recent appraisal, mortgage balance, equity lines, etc.
- Credit Cards
- Recent income tax returns
- Recent paystubs and/or W-2 statements
- Social security numbers
For a more detailed checklist of the documents and information you need for your divorce, go here.
Legal Fees
In Massachusetts, the legal fees you’ll invest in a divorce case will primarily be determined by the level of contentiousness between you and your spouse.
Here are the factors that will determine how reasonable – or expensive – your legal fees will be:
- Whether your divorce is adversarial or collaborative. The more you and your spouse are able to agree on the less you will spend on attorneys, legal fees and court costs. If it is at all possible to discuss and agree on such issues as custody & parenting, college education, asset & debt division, tax implications, the marital home and retirement, you should do so.
- If you and your spouse battle over custody of the children. In a custody battle you may incur fees related to psychiatric evaluations. If the court appoints a Guardian Ad Litem, you will have that expense. Your attorney may want to call expert witnesses, which will be an added expense. Additionally, a custody battle means more work for your attorney who will most likely be billing you by the hour.
- The legal strategy of your attorney and your spouse’s attorney. If you or your spouse hires an attorney who believes the only way to win in divorce is to become aggressive or adversarial you will most likely end up paying for their attitude. Just keep in mind that lawyers do not get paid well to settle fast. You have to eat what you kill – and in law, it’s all about the billable hours. The best scenario is for a client to know, in advance, what it will cost to resolve all the issues of the divorce. Massachusetts Flat-Fee Divorce Attorneys gives you have final control over how your attorney handles your divorce case. Learn about our services and fees.
In the end, it is up to you and your spouse how much your divorce will cost. You can work together and try to settle all major issues outside the courtroom or, you can leave it up to the attorneys and judge and incur the expense of not being able to put your differences aside and save yourselves money.
Changing Attorneys
It is not uncommon for clients who are going through the divorce process to change lawyers in the middle of a case. Most people facing a divorce go to the first attorney they meet – hire the attorney who did their real estate closing or helped with a traffic ticket. Many “general practitioners” are ill-equipped to handle the intricacies of a contested divorce matter. Other people hire an attorney who focuses on family law matters, but soon conclude the chemistry isn’t right or that the lawyer is incapable or unwilling to prioritize the client’s objectives.
If the lawyer you first retain isn’t getting the job done to your satisfaction, no matter how far along your case is, you have the right to change direction and retain new counsel.
When it comes to contested matters, once you retain The Massachusetts Family Law Group in the middle of a case, we give our new client a head-start by helping you remove your old attorney from the case, reviewing your bills to make sure that your former attorney didn’t overcharge you, and we take over.
It’s simple. All you need to do is call us at (800) 910-DIVORCE, or contact us for a no-obligation consultation.
Our offices are all across Massachusetts. To look at our Consultation Calendar, go here.
Once you decide it’s time to make a change, we send you a form to sign. We’ll then file our own Appearance in your case and make our introductions to your spouse’s attorney. We’ll notify your current attorney and demand that he or she turn over your file and a detailed ledger of your account. We typically do all of that on the same day you hire us – in rapid speed!
We’ll take care of the change-of-attorneys procedure with the court. We’ll take care of notifying your existing lawyer (and you won’t have to make that uncomfortable call). You can have a new team of lawyers working on your case immediately.
We will provide you with a sound strategy and begin to put the plan into motion. We’ll keep you up-to-date; well informed, and well advised. You’ll get excellent representation and for that, you’ll pay a reasonable fee.
Attorney Irwin M. Pollack devotes his entire family law practice to contested and uncontested divorce in Massachusetts. Use our quick links to learn more about divorce planning, discovery and hidden assets, tax implications, alimony and the need to file first.
Call (800) 910-DIVORCE to learn more about your options, or contact us for a no-obligation consultation relating to contested divorce matters. To get started on your uncontested divorce, go here.