July 27, 2015 by mndivorcelawyer
Filed under Blog, Divorce, What to Know Before Meeting with Your Divorce Attorney
What Happens At Intake With A Divorce Attorney
Welcome to our fourth blog post in the series, What to Know Before Meeting with a Divorce Attorney.
Next, our second post regarded how to schedule an intake appointment with a divorce attorney by providing you with a checklist of things you’ll want to ask and do before you meet. Save yourself some hassle and get the checklist now.
Following along with intake preparation, our third post focused on what you should bring with you to the intake appointment. Review the list from this article with your divorce attorney ahead of time to determine if there is anything else s/he would like to add.
Which brings us to today, What Happens At An Intake Appointment With A Divorce Attorney? So let’s talk about the actual intake appointment itself. Again, not all divorce and family law firms are the same, but we’ll give you a general idea of what happens so you can feel prepared.
Basic Agenda for an Intake Appointment with a Divorce Attorney
Ideally, you can expect these five things to occur during an intake appointment with a divorce attorney:
1. Establishing a Relationship:
Perhaps the most significant aspect of the intake appointment, is that it’s your first opportunity to establish your relationship with your divorce attorney. It’s essential that you feel comfortable talking to your divorce attorney and that you can confide in him/her. We’ll go into more detail next week about the client-attorney relationship.
In addition, if possible, take a moment to introduce yourself to any other additional staff you’ll be working with, such as a paralegal, before leaving the intake appointment. Although paralegals can’t provide any legal advice or guidance, you save money by working directly with the paralegal on case matters such as scheduled court appearances, correspondences, and filings.
2. Completing the Engagement Letter & Fee Agreement (Contract):
The divorce attorney you meet with might refer to this as the client retention contract, the engagement letter, the representation and fee agreement, etc… Regardless of what the contract is called, it’s important that you’re able to review it with your divorce attorney, ask any questions you may have, and receive a personal copy for your records.
The contract sets forth the parameters of the client-attorney relationship, legal fees and service payments, client and attorney responsibilities, and other additional information regarding representation and firm policies. Although the contract can be intimidating at first due to it’s length, it’s reassuring to have everything in writing and clear expectations from the start. If the divorce attorney doesn’t have a contract, his/her contract is extremely vague and short, or s/he is unwilling to sign a contract with you, this is a BIG red flag and consider looking for a different divorce attorney.
*REMEMBER: It’s important that you understand the contract before signing it. If there is anything you don’t understand, don’t hesitate to ask the divorce attorney. S/he should be more than willing to explain and answer any and all questions. In addition, if a concern or question regarding representation and/or legal services isn’t addressed in the contract, bring it up and consider adding it to the contract before signing.
3. Depositing the Retainer:
Work on your case will start and you’ll officially have representation when you and your divorce attorney have both signed and dated the contract, and you’ve provided the retainer. Since we’ve discussed the retainer throughout this series (see links in the first paragraphs of this article for past posts), we won’t go into more detail here.
4. Discussing Your Divorce & Providing Legal Guidance:
Most divorce attorneys will collect information about you, your family and your spouse at the intake appointment. It’s not uncommon for the divorce attorney to ask you a wide-range of questions during the intake appointment. Although it can feel invasive, it gives the divorce attorney an overview and helps him/her spot possible issues that may arise in your case. We’ll talk more about this in our post next week.
At this time, you can also bring up any other issues not yet discussed and seek legal advice on any pressing concerns or family matters. In addition, if you’ve been served with divorce papers or have any other previous court orders, your divorce attorney will review such documents with you at this time. If you’re unable to bring these documents to the intake appointment for whatever reason, it’s essential that you and your divorce attorney still discuss such matters and that a plan is set in motion to get these documents as soon as possible.
5. Developing a Plan & Next Steps in Case:
At the end of your intake appointment, based on your goals, situation, and preferences, you and your divorce attorney should develop a plan for moving forward with your divorce. Before leaving the intake appointment, the divorce attorney should clearly explain what s/he will be doing and what s/he will be needing from you.
Hopefully, you now have a better idea of what happens at an intake appointment with a divorce attorney. Now, check out our 5 tips when meeting with a divorce attorney at intake.