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HOW TO SELECT A NEW
JERSEY DIVORCE ATTORNEY
- Above all, select a divorce specialist! Never retain a divorce attorney until you have had
a personal consultation with the attorney. In New Jersey, the initial consultation may last
from five minutes to up to an hour or more. The cost will vary from free (generally for a five
minute consultation) to three hundred dollars or more. Our firm charges $100.00 for an initial
half hour consultation. At this initial consultation, you should not ask the attorney whether
or not he or she "handles divorce cases", but rather, ask "what percentage of your
professional practice is devoted exclusively to divorce, separation and custody matters?".
If the answer given is less than 80%, you do not have a true matrimonial specialist and
you should look elsewhere! In addition, write down several questions before the interview
to test the attorney's knowledge of current divorce law, recent tax law changes, etc.
- Discuss fees candidly. A good matrimonial attorney will respect you for bringing up the
question of fees at the first meeting. Some important questions are:
- How is the fee determined - on the basis of the number of hours of legal services
rendered, on a flat rate basis, etc.
- If there is more than one attorney in the firm, who will be handling your case?
- Will one hourly rate apply regardless of which attorney performs the services, or will you
be charged less if an associate attorney performs certain portions of the case?
- If you would prefer to have the partner or owner of the firm perform all parts of your case,
even if it will cost more, do you have that option?
- How often will you receive bills? Beware of non-itemized bills. Rather, insist upon fully
itemized bills rendered monthly. A fully itemized bill, which our firm uses, helps to keep
you advised of the progress of your case as well as to help eliminate the possibility of
any errors occurring in the preparation of your bill.
3. Watch out for attorneys who pressure you to retain them during the initial
consultation. Ethical divorce attorneys will usually encourage you to think over whether or
not you wish to proceed. At our firm, we discourage your retaining our firm during the initial
consultation since we believe that divorce or separation is a major step in your life which
should only be undertaken after careful consideration. If you are uncertain as to how to
proceed, we will be glad to recommend a marriage counselor, priest, etc.
4. After you have met the prospective attorney at the initial consultation, ask yourself
whether or not you felt comfortable discussing personal and often intimate details of
your life and marriage with that attorney. Did the attorney seem too busy to properly
handle your case? Did the attorney "talk down" to you and refuse to answer your questions in
simple sentences? If you decide that you feel comfortable with the attorney, you should then
try to find out the attorney's reputation in the New Jersey-New York area. Is the attorney
known as a knowledgeable, forceful and aggressive fighter for his client or as an attorney
who is often unprepared and afraid to go into Court to protect his client if Court action is
necessary? If you determine that the attorney is well known in New Jersey as a good
matrimonial attorney who fights for his clients, then you probably have found yourself the right
divorce lawyer!
Provided as a public service by:
William J. Leininger, PC
Attorney at Law
34 Dumont Ave.
Staten Island, New York
(718) 979-5200
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