San Diego Divorce lawyer - Top 5 Questions You Should Ask During Free Consultation

You may or may not have been divorced before.  Even if you have been through a divorce in the past, you will still benefit from the assistance of a divorce attorney.  That is, as long as you hire the right divorce attorney.  The wrong divorce attorney will make your case last too long and cost too much.  The right divorce attorney will make every effort to end your case on terms acceptable to you in a reasonable period of time.  That will result in a more cost efficient resolution of your case. 

What questions should I ask a divorce attorney in San Diego?

Ask five attorneys the same question, and you will probably get five different answers, unless you are asking a question that is simply unknowable.  An attorney will not be able to accurately predict how long your case will last, how much it will cost, or what the likely result will be.  An attorney can, and should, answer the following questions.

1.  What will you do to reduce the costs of my divorce case?  The most common answers to this question are probably that divorces are just expensive, that the attorney’s fees are high because the lawyer is so brilliant, and that someone needs to pay for the attorney’s office rent, associate attorneys, staff, and all the other costs of overhead, so it’s going to have to be you.  Are any of those answers satisfying?  Of course not. 

If you ask me that question, I will tell you that I aggressively pursue settlement.  Why do I do that?  I do that because there are no guarantees if you take your case to a judge.  If you negotiate a deal with your spouse, you get certainty.  Also, it can be much quicker.  Although it is possible that you may achieve a better result at trial, the advantage will likely be offset by the costs in time, money, and emotional toll it takes to get that result.  Divorces can last years.  Some delays are unavoidable.  Some delays occur because attorneys do not zealously advocate for a more expeditious divorce process.  It is usually in an attorney’s interest to keep a case going as long as possible so he or she can continue billing the client for as long as possible.  That is not the proper role of an attorney.  The attorney’s proper role is to zealously advocate on behalf of the client. 

2.  What will you do if the other side is delaying the proceedings?  The most common answer to this is probably to “punt” and blame the backlogged system or the judge for any delays in the case.  This, however, ignores the fact that there are attorneys who intentionally delay proceedings in order to line their own pockets and to damage the other party.  I will tell you that I will call out the other attorney for wasting time, and I will do it in writing.  I want the other party—not just their attorney—to know that I will not tolerate wasting my client’s time and money, even if the other party will.  Judges have power, but fair judges will listen to both sides.  I will make it crystal clear to the judge that while I am trying to expeditiously move the case along, the other side is trying to delay the case. 

3.  What will I be billed for?  In even a small firm, several attorneys will work on your divorce case.  They will likely bill between $300-500 per hour.  The attorney in charge of your case will also likely employ a paralegal and/or office assistant.  They will bill you for their services for at least $100 per hour.  They will charge you for every little thing.  I, however, am a solo practitioner.  I will do all the work on your case for the same hourly rate on every hour of work I do.  I have no employees.  I utilize a smart office.  I will communicate with you primarily by e-mail and text message.  I scan all documents so they are available via my laptop at all times and do not require extra physical space to store.  You will be billed for the work I do, and not a bunch of extras which other divorce attorneys charge.

4.  ill you be a fighter for me?  I was a prosecutor for 14 years.  I come from the trenches of legal warfare.  I have tried 50 jury trials, everything from DUI to murder.  I am a real trial attorney.  Many controversies in divorce cases are within the discretion of the judge.  The law simply allows the judge to decide.  But when you need to prove a set of facts in order to require the judge to make a particular decision, you need a trial attorney.  A real fighter.  Many divorce attorneys simply gather paperwork and regurgitate it to the court.  I will put in the effort to make the most persuasive case possible to the judge in your divorce case.  I will fight for you as if it were my own personal case. 

5.  How do I know you will do a good job for me?  The likely answers to this question are all over the map.  Divorce attorneys may tell you about a particular time his or her client was satisfied with his or her representation.  My answer is more personal.  I have had personal experience with my own disastrous divorce.  Taking too long, costing way too much, and almost ruining my life.  I commit myself to making all of my clients’ cases take less time, cost less money, and inflict less damage on the client’s life. 

The choice of the right divorce attorney can make quite a difference in your case.  There are good attorneys who nevertheless take the wrong approach or fail to push back against a client who wants to pursue an ill-advised strategy.  I provide the best advice I can, even if the client does not want to hear it.  My job is to guide the client through a process which is often not one of the client’s choosing.  And I will choose the best possible path. 

If you need a Divorce Attorney in San Diego for a  Free Consultation, you should seek the advice of a California State divorce attorney.  The San Diego Divorce Attorney at the Law Office of Michael C. MacNeil have many years of divorce law experience and will competently represent your family law case.  Please call for a no-cost divorce attorney consultation at (858) 922-7098. We look forward to helping you with any of your questions about divorce in San Diego.

This blog post is not intended as legal advice and should be considered general information only.

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