Choosing An Attorney - by Sheree Hoffman

Hiring an attorney to assist you with any family law matter is one of the most important decisions you will make. The relationship you have with this professional will sometimes last for many months or even years. Find someone who is right for YOU!

There are a number of factors to consider - Experience Counts!

Don't choose based exclusively on what someone else tells you. Just because your neighbor recommends Joe Big Mouth doesn't mean that you have the same type of case with the same issues or that you will get along with him.

A lawyer should have a reputation for being trustworthy, credible, well prepared and reasonable. There are internet sites that provide some of this information (www.awo.com) and also provide information about whether an attorney has has been disiplined by the Tennessee Board of Professional Responsibility.

Don't choose only on the basis of price. Attorneys charge a wide range of fees. It is common to pay a retainer up front and to have to keep that retainer account funded during the process. Usually, family law attorneys charge an hourly rate which is applied against the retainer. The amount of the required retainer and the hourly charge depends usually on the experience of the attorney (Remember the old adage, "You get what you pay for"....or do not pay for). Don't be penny-wise and pound foolish. Money spent to hire an attorney you really want is an investment in the ultimate outcome of your case. The Tennessee Rules of Professional Responsibility strongly suggest that the attorney and client have a written fee agreement that sets out the specifics of your arrangement. You should have adequate time to read the agreement and ask any questions before signing it.

Check websites and use the internet to gather information about the professional you are considering. (If you are reading this page, then I am preaching to the choir!)

Take the time to speak with and preferably meet with the attorney you are considering. Your personalities should mesh. Trust your gut feeling on this. Are you comfortable talking with the attorney? Do you get the sense that the attorney is giving you good information or just telling you what you want to hear. At the consultation meeting, is the attorney willing to give you forms, copies of statues and/or lists of information you will need? Do you get the sense that this attorney will listen to your concerns and collaborate with you to get the resolution you want, the way you want to proceed. Remember, you are hiring the attorney. I would never hire a lawyer who told me essentially, "It's my way or the highway" and for the record, many of them do say this. Remember, this is your case. You want your lawyer to give you good advice and assist you, but ultimately the decisions should be yours to make.

Make sure you are treated with dignity and respect by your lawyer. Surely, this should go without saying but unfortunately, there are horror stories of lawyers screaming at clients or even calling them names.

Ideally, you want a lawyer who handles Family law issues all or at least most of the time. As with any legal area, statues are modified, case law updates are available almost daily. You want an attorney who keeps up with this field of law. It is very difficult to be a "general practitioner" lawyer and keep up with necessary and relevant information.

"My lawyer can beat your lawyer" - It is important to know that your lawyer does go to court. However, I have clients ask me all the time if I am a "tough" lawyer. My response is always the same..."The right question to ask is, whether your lawyer is a SMART lawyer". Being tough (as in "we will fight them to the death") is not always in your best interest. In the heat of the moment when you are angry, this may seem enticing to you, but don't be fooled. Going to court has become cost prohibitive for most people. It is also not usually a good investment of your hard earned money. You want an attorney who can provide options for the most appropriate way to handle your legal matter. Whether it's Mediation, Collaborative Law, Settlement Conferences or Trial, it is best to find a lawyer who can do it all.