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How to Hire an Attorney or Other Professional

Lesson Summary. There are three primary questions to ask when you interview an attorney (or other professional.) About how the case will get done, what the result may be, and what it will cost. I suggest that you not pay for an initial consultation, since the professional is benefitting as much as you are.

You should hire an attorney (and any other professional) by asking 3 primary questions:

1. What do you think the final result of my case will be?

- Family law cases usually have a predictable result. Why spend lots of money and time if the end result is predictable?

2. What is the process to get to the final result?

- Can the attorney explain the expected process? How much time will be involved? Can the process save money and time by avoiding a court trial?

3. What is your estimate of your fee for completing the case?

- Try to get a fixed fee for specific steps to the process, so that you have some control over the amount of fees.

- Avoid an open-ended fee agreement where you are charged for hourly fees & “junk” photocopy/fax expenses without any expectation of a budget.

Use free initial consultations to interview prospective attorneys. Don’t pay for initial consultations, since attorneys use it to market their fees.

Avoid hiring an attorney based on:

1. A comparison of hourly rates and retainers.

- An attorney’s hourly rate is not an indication of value or the ultimate legal cost to you. Either a more or less expensive attorney can cost you much more because of lack of interest in completing your case and because of lack of efficiency. An hourly rate provides no information to you.

- Make sure you get a budget estimate. Or better yet, a system of fixed fees.

- Don’t pay a large retainer (generally not more than $5,000 for a large case.) As a practical matter, you will not get any of it back and the dispute will enlarge so that the retainer is used up. Although a large marital estate with complex assets and debt (or criminal matters) may cost more.

2. A goal or process of revenge or attempting to damage the other spouse.

- Occasionally an attorney will suggest that you get revenge or “hang” the other spouse. Don’t waste your money and time, since this will not happen. Remember that Colorado is a no-fault divorce state.

3. A boast of being extremely successful or being “the most aggressive attorney.”

- Your attorney has little to do with the final result in your case. As long as the attorney is reasonably competent. The same for your spouse’s attorney.

- Exaggerated claims of winning through intimidation will only waste your money and time and lead to poorer family relationships.

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