10 Things to Ask Before You Hire a Tennessee Divorce Attorney
1. Which areas of law do you practice?
In my experience as a Nashville divorce attorney, the best divorce lawyers practice only family law. This is not to say there aren't great lawyers out there who consider themselves a "jack of all trades." However, if you want a divorce attorney who is up-to-date on the new cases and laws you should hire an attorney who specializes only in divorce and family law.
2. Is your retainer refundable or non-refundable?
A refundable retainer is one that is paid into a lawyer's trust account and if the lawyer does not use all of the funds, he or she is obligated to return those funds to you once your case is resolved.
3. What do I need to know about the Judge?
See question and answer 1. An experienced divorce and family lawyer will know the Judge or list of Judges before whom you will appear. Judges are human and therefore have preferences and dislikes. Your attorney should be able to advise you about the particulars of your Judge and what he or she prefers and his or her tendencies. This will help you prepare for testifying in court and also help you to resolve your case in mediation.
4. What is your return call policy?
If I've heard it once I've heard it a thousand times, "I hired an attorney and they won't return my phone calls until weeks later, if at all. I usually only get to speak with the attorney's paralegal." If prompt return phone calls are important to you, and they probably are, ask the attorney what his or her policy is. Every experienced and respected attorney should have a policy and should be upfront with you about those policies.
5. What is your hourly rate?
You should find this rate in the client/attorney contract you sign upon hiring your attorney. Before you sign, make sure you are familiar with the attorney's hourly rate and the rate for a paralegal. Attorney's who charge a lower retainer fee may charge a higher hourly rate. Make sure you know before you sign.
6. Do you attend mediation with your clients?
Every contested divorce in Tennessee is required to be mediated by a neutral third party. Some attorney's do not attend mediations. As I believe it is important to have your attorney with you at all steps in the process, make sure you know your attorney's policy. Generally, if you request the attorney to be present he or she will do so.
7. What is the final cost of a divorce case that goes to trial?
Although this is a moving target in every case, your lawyer should be able to give you a range of possible final costs. If cost is an issue, you need to have a serious discussion with your attorney as to whether your case could end up costing you $30,000. Your attorney should be open and honest with you and should give you a range and, if they can't, find an attorney who can.
8. Has the attorney ever been reprimanded by the Board of Professional Responsibility?
This is a serious issue and you should do your homework before you hire an attorney. I would refrain from asking your attorney directly and instead do an online search on the Tennessee Board of Professional Responsibility. Make sure you read the facts of the reprimand and ask yourself if you are comfortable hiring this attorney. These reprimands are public knowledge and attorneys and judges alike are familiar with attorneys who have been reprimanded. Make sure you are spending your money on an attorney with integrity.
9. Will you meet with me before court hearings and trial?
Inquire as to whether your attorney plans on meeting with you and how often. Your attorney should have a general policy to meet with the client prior to any hearing in which your testimony will be given. Preparation for testifying can make all the difference in the world and if your attorney does not have the time to prepare you, hire an attorney who does.
10. After your initial consult, what is your gut feeling about that attorney?
Intuition is everything. Stick with your gut feeling and interview several attorneys before making your decision. You should be able to be open and honest with your attorney and trust them to work hard for you and your objectives. If your gut tells you to move on, then keep interviewing attorneys until you find the right fit for you.