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A free consultation with a divorce lawyer can be a great idea, and most divorce attorneys offer a free or low-cost consultation. But lawyers don’t always explain what a consultation is, and consultations vary from office to office. That can lead to confusion and frustration.
Free Consultation with a Lawyer: What it is
A free consultation with a divorce lawyer is like a job interview. You’re the one asking questions, and the applicants are the divorce lawyers you’re considering.
A consultation serves several purposes. First, the lawyer needs to confirm that your situation is one they’re qualified to handle. Most people find Majeski Law online, so they know we handle divorce and family law, but we still sometimes get calls about legal issues outside our practice.
Second, it lets the lawyer confirm that your case is in a state where they can practice. For example, Majeski Law practices only in Minnesota. Because we’re near the Wisconsin border, we sometimes get calls from Wisconsin families, and we have to refer them elsewhere.
Third, it gives you a chance to evaluate the lawyer and the firm. Questions usually focus on the lawyer’s practice, the process, and cost. A consultation usually doesn’t need to take more than 15 to 30 minutes.
Either the divorce attorney or an experienced legal assistant may handle the consultation and answer your questions. You won’t receive free legal advice, but a consultation still has real value.
Free Consultation with a Lawyer: What it is Not
Getting legal advice and guidance is the reason to hire an attorney. At a free consultation, a divorce attorney usually won’t give significant legal advice about how to proceed or what steps to take next.
“Legal advice” isn’t always clearly defined, but here are some typical examples:
- I have “X” family situation. What should I do?
- How does the law apply to my situation?
- What are my chances of winning?
- What legal process should I use for my situation?
- How do I do “X” legal procedure?
Why Lawyers Might Not Give Free Legal Advice
Lawyers generally don’t give free legal advice for three main reasons.
First, lawyers are paid for their services, and legal advice is a service. It’s no different than going to the doctor. Patients pay a doctor even for a diagnosis alone, because they don’t have the knowledge and experience to diagnose themselves. When you hire a lawyer, you’re paying for the lawyer’s legal knowledge, experience, and expertise.
Second, a brief consultation usually doesn’t give the lawyer enough information. A lawyer can’t give well-informed advice based on a short phone call.
Third, free legal advice creates ethical problems. This ties to the second point: lawyers shouldn’t give advice without fully understanding the situation. Giving advice can also create confusion about the lawyer’s role. And if the advice turned out to be wrong and the person relied on it, the lawyer could be liable.
So if you’re hoping to get free legal advice at a consultation, you may end up frustrated and feel it was a waste of time.
Benefits of a Free Consultation, Part I
Despite these limits, a free consultation still has real benefits:
- You confirm that the attorney practices family law and has experience with cases like yours. A firm’s marketing usually makes clear what kinds of cases it handles, but it’s always good to double-check. Especially at large firms, make sure the attorney you meet will be the attorney handling your case throughout, and that they focus on divorce and family law and have significant experience with it.
- You confirm the attorney has time for your case and isn’t overloaded with other matters. It’s reasonable to ask about the attorney’s caseload to make sure they can serve you well.
- You confirm the attorney has no conflict of interest or other ethical reason they can’t represent you. To check, the lawyer will ask for basic information, such as your full name, where you live, and your spouse’s full name. If there’s a conflict, the attorney must tell you right away that they can’t talk with you or represent you.
Benefits of a Free Consultation, Part II
- You get your questions answered about the attorney and the firm before you commit.
- You understand the attorney’s and firm’s practices, such as the retainer amount and the attorney’s hourly rate.
- You’re more likely to find the right fit, and therefore more likely to be satisfied with the attorney’s work in the end.
- You can shop around. You’re not bound to an attorney just because you had a consultation. The attorney-client relationship begins only after you’ve both signed an engagement agreement, which comes later.
One more thing to know: even though the attorney isn’t representing you yet, what you share in a consultation is generally kept confidential.
Have another divorce or family law question? See our list of topics or the FAQ page.
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