June 29, 2015 by mndivorcelawyer
Filed under Divorce, What to Know Before Meeting with Your Divorce Attorney
Scheduling an Intake Appointment with a Divorce Attorney – What to Know and How to Do It
This is our second post in our blog series, What to Know Before Meeting with a Divorce Attorney.
It’s common to feel uncomfortable when you’re meeting with your divorce attorney for the first time. After all, it’s normal to feel a little awkward when you’re in an unfamiliar situation and you can’t rely on previous experience to help you prepare.
So that’s what this blog series is all about – uncovering the unknowns and giving you a better idea of what lies ahead so that you’re not left guessing.
In our first post, we discussed what to expect from a consultation with a divorce attorney and how to use the consultation to find the divorce attorney that’s right for you.
Today’s blog post is dedicated to what you should do next after you’ve selected a divorce attorney – schedule the intake appointment. In addition, we made a checklist at the end so you know what to ask when you’re scheduling your intake appointment with a divorce attorney.
Schedule an Intake Appointment with a Divorce Attorney
Once you’ve decided to retain an attorney for your divorce, you’ll want to set up an intake appointment with the divorce attorney as soon as possible. This may seem obvious. In fact, you may be wondering why we even brought this up. However, it’s one of those things that’s easier said than done.
For a lot of people, calling to schedule an intake appointment to retain a divorce attorney means the start to the end of a marriage. Even if you haven’t been happy for a long time or have been talking about getting a divorce, it’s the completing of this step that often makes it “more real” for people and with that realization can come a flood of unwanted emotions and unanswered questions. At this point, it’s very easy to become paralyzed with fear and worry.
However, if you’re past the contemplation stage and you’re absolutely sure that you want a divorce, allowing yourself the chance to meet your divorce attorney can help with some of those unanswered questions and fears and, provide some support.
Schedule an In-Person Intake Appointment with a Divorce Attorney
Personally, we recommend meeting with a divorce attorney in person at his/her office for the intake appointment. This allows you the chance to meet face-to-face and get to know the divorce attorney who’ll be representing you and anyone else (such as, a legal assistant or paralegal) who’ll be working with you throughout your divorce.
The only time we don’t meet in person is when the firm has been retained by an individual who lives far away, has mobility concerns or time constraints, and therefore, prefers to have the intake meeting over the phone or by using video software like Skype or FaceTime.
Intake Appointment Scheduling Checklist
1. If you’d prefer not to meet at the office or if it’s difficult for you to meet in person with the divorce attorney, determine if the firm has the resources and ability to accommodate your needs/preferences before you schedule an intake appointment. For example, you can ask if the divorce attorney is willing to meet you at a different location that’s more convenient for you.
* If this is the case, just make sure that the location you select still ensures your privacy and confidentiality. Or if you’ve decided to phone or video conference make sure to exchange information, such as Skype user names, and arrange who will initiate the phone/video conference when you set up the intake appointment.
2. When you schedule the intake appointment, ask how long it will take so you’re not stretching yourself too thin.
* Trying to rush through the intake appointment because you only allocated 30 minutes (when you could really use an hour) adds stress. It’s hard to focus if you’re worried about making it to your next commitment on time. Therefore, schedule the intake appointment for a day when you’re less busy. If that’s not possible, you can always ask if the lawyer would be willing to spread the intake appointment out into 3 smaller meetings. Or try to get some help with your commitments to lighten your schedule. For example, arranging a carpool with another parent for your kid’s soccer practice that night so that you have enough time for the appointment.
–> In addition, map out your route ahead of time and make sure you take into account parking and traffic on the day and time of your intake appointment. Always give yourself longer than you think it will take to get to your intake appointment. That way, you’re not running into your intake appointment already frazzled because you’re late.
3. Provide a safe and secure (meaning, it should be private, confidential and password-protected) phone number with voicemail and/or email address, in case the divorce attorney needs to reach you before your intake appointment or if you’d like to receive an intake appointment reminder from the firm.
* If you haven’t been asked already, let the firm know the best way to reach you and your preferred method of contact. If you don’t have access to a secure phone line or you have reason to believe that your email has been compromised, inform the firm immediately so that steps can be taken to protect your confidentiality and privacy.
4. Confirm the address of the law firm and don’t be afraid to ask for directions and nearby landmarks.
5. Ask about parking options for the intake appointment.
* You’ll want to confirm ahead of time if you need to find a nearby parking ramp, have cash/change for a meter, or if the firm provides free parking through it’s own parking lot.
6. If you didn’t do it at the phone consultation or forgot, confirm the retainer amount and discuss the method of payment.
* If you’re planning on having someone else pay the retainer on your behalf, it’s a good time to bring this up when your scheduling your intake appointment.
Learn more about: How to Pay for a Divorce Lawyer.
7. Determine what you should be bringing to the intake appointment with the divorce attorney. Use this list of what to bring with you when you meet your divorce attorney to give you an idea and as a starting point. In addition, if you’re planning on bringing someone else to the intake appointment with you, it’s a good idea to discuss this now.
8. Before getting off the phone, ask if there is anything else you should know at this point. This gives your divorce attorney the opportunity to add anything else s/he may want you to know or discuss ahead of time.
Hopefully this series, What to Know Before Meeting with Your Divorce Attorney has been helpful. To prepare for your intake appointment, read: What Happens at Intake with a Divorce Attorney and 5 Tips When Meeting with a Divorce Attorney at Intake or pin them to read later!
June 10, 2015 by mndivorcelawyer
Filed under Blog, What to Know Before Meeting with Your Divorce Attorney
The Consultation Myth Revealed
As kids, most of us didn’t like going to the dentist office because it was unfamiliar territory. For most people, meeting with their divorce attorney for the first time is the same thing. However, it doesn’t have to be anxiety-provoking if you have a better idea of what to expect.
Therefore, to help ease the process of meeting with your divorce attorney for the first time, we started a blog series known as, “What to Know Before Meeting with a Divorce Attorney.” So prepare yourself by reading the first post in the series on The Consultation Myth Revealed, and make sure to check out the rest of the series, with Scheduling an Intake Appointment with a Divorce Attorney: What To Know and How To Do It as your next stop.
Most divorce attorneys do a great job advertising free or low-cost consultations, but fail to explain what a consultation is in the legal field. This ambiguity is a disservice to you, because it creates confusion and frustration during the consultation, which often translates into a missed opportunity for you to get to know the divorce attorney better.
So let’s help you get over the biggest barrier when it comes to understanding and utilizing a consultation, and that’s revealing the consultation myth.
The Consultation Myth : Legal Advice & Counsel
At the consultation, the divorce attorney will not provide any legal advice or guidance regarding how to proceed with your divorce, what steps you’ll want to take next, or how to go about getting custody of your child, for example. Needing legal guidance and counsel in your divorce are reasons to hire an attorney.
To illustrate, it may be helpful for you to think about the medical profession. When you go to the doctor, you inform him/her of your symptoms and based on his/her knowledge, expertise, training, etc… s/he determines what’s wrong and provides a remedy. You see a doctor because you lack the knowledge and experience required to diagnosis yourself and therefore, pay the doctor for these services. Similarly, when you obtain a lawyer, you’re paying for his/her legal knowledge, experience and expertise.
Therefore, if you’re looking for legal advice or counsel, not looking to retain a divorce attorney or can’t afford legal services, a legal consultation will only be irritating and a waste of your time.
Instead, you’d benefit from searching the Majeski Law, LLC website for articles on specific topics such as, “Can I Leave the State with my Child?” In addition, our sister website, MN Family Law Attorney, has several resources such as, links to: county family courts in the Twin Cities area; Minnesota Court Forms; Minnesota Family Court Rules that you’re expected to know and follow; Minnesota State Law Library; and Free Legal Help and clinics in Minnesota. You may also find doing an internet search for pro bono divorce attorneys in your area helpful.
Understanding & Utilizing the Consultation
So to clarify, a legal consultation is like a job interview. At the consultation you’re asking questions of multiple applicants (in this case, several different attorneys and/or law firms) to determine the best person for the position of being your divorce attorney.
If the firm has a good website and provides you with additional materials to look over at your convenience, the consultation can be done over the phone and in as little as 20 minutes. Either the divorce attorney or a good legal assistant/paralegal can conduct the consultation with you and answer questions you may have before making your decision. Therefore, although you won’t receive any free legal advice or counsel, a consultation still has great value to you and you should seek consultation before retaining a divorce attorney and here’s why…
6 Benefits of a Consultation Before Meeting with a Divorce Attorney
1. You ensure that the divorce attorney you’re looking at hiring practices in family law and has experience with divorce cases similar to your own.
* Although hopefully the firm’s marketing takes care of this issue by making it clear what types of cases and areas of law the attorney practices on the firm’s website, it’s always good to double check. Especially with large law firms, you’ll want to make sure that the divorce attorney who is representing you in your divorce case not only will be the same attorney throughout your divorce, but also that s/he practices in divorce and family law, and has significant experience with divorce and family law cases.
2. You ensure that the divorce attorney you’re looking at hiring can dedicate the time and effort your divorce case deserves and that s/he isn’t overloaded with a number of other matters at the moment (like this guy below).
* Tip: It’s very reasonable for you to ask during the consultation about the attorney’s caseload in order to confirm that s/he is equipped and capable of serving you as a client.
Learn more about: Why your attorney’s caseload matters when it comes to your divorce.
3. You ensure that the divorce attorney you’re looking at hiring doesn’t have any conflict of interests or any other ethical reasons for why s/he would not be a good fit for you and your divorce.
* This is why a divorce attorney should be requesting basic information about you and your divorce case, such as, your full name, address and spouse’s full name at the consultation. It’s the divorce attorney’s responsibility to inform you immediately if s/he is not able to talk with and/or represent you due to a conflict of interest.
4. You ensure that any questions you have about the divorce attorney and/or the firm are answered ahead of time, free of charge (or for some firms, at a reduced rate) before committing to a divorce attorney.
5. You ensure that you understand the divorce attorney’s and/or the firm’s legal practices, such as, the engagement and fee agreements.
6. By consulting with a divorce attorney beforehand, you increase your chances of finding a divorce attorney that fits best for you. As a result, you’re more likely to be satisfied with his/her services in the end.
Lastly, 2 key things to remember about a consultation with a divorce attorney:
1. A consultation allows you to shop around so that you can find the best divorce attorney for you and your divorce. In no way are you bound to one divorce attorney simply because you participated in a consultation with him/her. Instead, a client-attorney relationship only forms after the both of you have signed some sort of engagement letter and fee agreement.
2. With the above in mind, visa versa is also true. Therefore, we caution against making the unfortunate mistake of believing that an attorney is working on your divorce case when you haven’t established a working relationship with him/her by signing a formal contract and providing the retainer.
Learn more about: What you should know about a retainer before meeting with an attorney.
What’s been your experience with consultations when it comes to divorce attorneys, or attorneys in general? Chime in through the comment field below!
Thanks for reading and check out the rest of our posts in the series, What to Know Before Meeting with Your Divorce Attorney, so you’re better prepared!