SHOULD I HIRE THIS DIVORCE LAWYER?

Once you have found a divorce lawyer to potentially represent you, there are some important questions that you should ask, and some observations that you should make.

First, you should look to see if the lawyer has a website or a blog or both. If they have a website, see what type of information is posted on that website. Some lawyers will post a picture of themselves, give some information about different areas of law, give contact information. This is a good first step in researching the lawyer that you want to represent you.

Ask for a consultation

Most lawyers will give you a consultation--some will charge you for it, and some will offer it for free. It is important for you to meet with any potential divorce lawyer, because you have to determine if this is a lawyer that you will be comfortable with.

What to look for at the consultation

When you arrive at the office for the consultation--you should look around you at what the office looks like. It should be neat, clean, and organized. You should not be left waiting for a long period of time.

The lawyer should give you their undivided attention at the consultation--and you should not be interrupted. The lawyer should give you a brief description of Michigan law and divorce, and explain issues such as the filing fee, the waiting period, what issues need to be resolved in a divorce, and what county you would be filing in.

The lawyer should also tell you exactly how they would charge you for representing you--whether it is a flat fee or an hourly rate. The lawyer should tell you exactly what the flat fee includes and doesn't include, and if hourly, how the hour is billed (what type of minute increments), and what costs are charged as well. You should find out how often billings are sent out (monthly, quarterly), and how much time you have to pay the bill when it is sent.

The lawyer may charge you a retainer. Generally, a retainer is a prepayment of fees and costs, and all work performed after receiving the retainer comes out of the retainer. If the lawyer is charging a retainer, you need to know exactly how this retainer is going to be treated, and what happens when the retainer runs out.

The lawyer should also ask you who your spouse is, because the lawyer cannot meet with you if they have already met with or talked with your spouse. This is a very important question to ask the lawyer.

The lawyer you meet with should make you comfortable and should come across as confident, knowledgeable, and professional. They should listen to you and address your concerns without dismissing them, and should not be condescending or judgmental. You should like them and be compatible with t hem, because you will be working very closely with them for some period of time.

You should be aware that lawyers are often more relaxed with clients, and how they act with you does not reflect how they act in court or with other attorneys. Just because they are nice and accommodating to you does not mean that they are a pushover with the judges or other attorneys.

Keep in mind that your attorney will not ever speak to your spouse unless your spouse represents themselves. If your spouse has an attorney, your attorney will always speak to that attorney only.

What to ask at the consultation

You should ask a variety of questions, and here are some that are helpful:

• how many family law cases does the lawyer handle?
• how many people are on staff?
• who will be working on the case, appearing in court, and handling settlement negotiations?
• if the case went to trial, who would handle the trial?
• how is the case billed? hourly? flat fee?
• if hourly, what is the hourly rate for everyone?
• is there a retainer, and if so, how much and what happens when it is depleted?
• what costs are charged?
• what are options for communicating with the lawyers?

The questions above are just some initial questions that the lawyer should answer in the consultation. There will likely be more questions you will want to ask once you are in the consultation.

I want to hire this lawyer, what now?

If you are pleased with the consultation--ask the lawyer how to go about having them represent you. All lawyers should be very clear that they will only represent you once a Retainer Agreement is signed. You should have a signed agreement setting out the details of what your legal representation will involve. The lawyer will often require a retainer as well. You should ask for a receipt for your retainer.

Lastly, but most importantly, you should make sure that you can afford your attorney. Often a divorce case is more expensive than you anticipate--and you need to make sure that you can afford the lawyer from the beginning until the end of the case. If you ever feel as though you are having difficulty meeting your financial obligation to the lawyer, you need to contact them to discuss it.

At Pear Sperling Eggan & Daniels

We offer our clients free consultations for all issues. At that consultation we do give you a basic summary of the law as it pertains to your particular issue, and are very clear about what costs and fees and involved in representation. If you go to our website, you will see pictures of the attorneys, as well as pictures of the office so that you can see it ahead of time.


If you are interested in learning more, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.

HOW DO I FIND A DIVORCE LAWYER?

If you are contemplating a divorce, or your spouse has filed for divorce, the first thing that you should do is consult a lawyer. Most lawyers will offer a consultation--some for free and some for a charge. In that consultation, you can find out some information about Michigan law and divorce, but also find out if that lawyer may be a good fit for you and your case. What questions to ask the attorney in that first consultation will be the subject of the next blog. However, first things first.

Where do I find a divorce attorney?

In the electronic age that we live in, sometimes finding lawyers becomes easier--but sometimes it becomes harder. There is an abundance of information on the internet--some that is good, and some that is misleading. To simply--here are 3 possible sources for finding a divorce attorney.

1. Recommendations or word of mouth

Friends & Family
If you are comfortable talking to friends and family--this should be the first resource you look to for a possible attorney. Talk to friends that have recently gone through a divorce. They may recommend their own attorney, an attorney they saw in Court, or their spouses's attorney. (yes, this does happen!) Talk to family too--they may often have a referral for you, or know of someone who knows an attorney, etc.

Co-Workers
Again, if you are comfortable talking to someone at work--they may know if a divorce attorney and may provide you a potential referral. Most people know of someone who has gone through a divorce--and if the attorney really helped them--that attorney's name will be remembered.

Professionals
If you are seeing a counselor or a therapist--ask them for a referral. Often lawyers and therapists and counselors have professional relationships, and you may find that your therapist or counselor has some potential referrals for you. You should ask people at your church, including those in leadership positions. Sometimes churches have information on lawyers who attend their church, or have information about lawyers in the area. This is a good source as well.

If you are uncomfortable asking about attorneys for yourself, you can always make it non-personal by asking in general--maybe for a friend or family member. However, this is such an important source of names for attorneys. Knowing someone who has worked with the attorney is such valuable information, and whether or not that attorney will be a good fit for you--at least you have information about how they have helped someone you know.

2. Professional Lawyer Referral Networks

The State of Michigan and the individual counties in Michigan each have professional lawyer referral networks. Attorneys can submit their information to these referral networks, including a description of their areas of focus, their location, and their experience (among other things), and the attorneys are then put on a list as a potential lawyer in that area of law. The general public can then call a phone number and tell the referral network what type of lawyer they are seeking, and the referral network will give them a name of an attorney. The attorneys are referred on a rotating basis. Here are the numbers of local referral networks:

Wayne County--the Detroit Metropolitan Bar Association
(the attorneys registered here often practice in Wayne, Oakland and Macomb counties)
313-961-3545

Oakland County
248-338-2100

Macomb County
586-468-8300

Washtenaw County
734-996-3229

Genesee County
810-232-6000-338-2100

And finally, the State of Michigan also has a referral list. If you call this number, be very specific on the county that you live in. The State of Michigan referral list will also have contact information for attorneys outside of the metropolitan Detroit area.

State of Michigan Referral Network
1-800-968-0738

The referral networks are a good resource for locating attorneys, and the attorneys that are registered may even provide free, or lower cost consultations.
3. Advertising or the Internet

This is another potential resource for locating an attorney. Sometimes searching on search engines will provide information on attorneys in your area, and may show you websites or blogs of local attorneys. There are other sources for finding attorneys as well, like the Yellow Pages or Yellow Book--whether in paper form or online, the newspaper, local publications or newspapers, Craigslist, your church newsletter, your school newsletter, tv, radio..... etc.... the list goes on and on. While many attorneys you find this way will be unknown to you--if they have a website or a blog, it may provide you some initial information about them before you make the call.

I've found an attorney that I want to talk to--what do I do next?

Once you have located an attorney that you would like to meet--you should call them to find out if they provide an intial consultation. Some attorneys give this initial consultation for free (like the Alton Law Firm), and some attorneys charge a consultation fee. It is important to sit down with a potential attorney to talk with them and find out if this is someone you want to work with during your divorce--in fact, there are important questions to ask in this consultation, and those questions will be the subject of the next blog entry.


Long story short--divorce is emotional, stressful, conflict-ridden and life-changing. It is important to find an attorney to at least give you information on the divorce process, and important to find an attorney to represent you and your interests. Often there are complicated issues in even the easiest divorce cases--and an att.orney can help you sort through all of these issues.

This list of potential sources for finding an attorney is just a starting point. There are many attorneys out there, and many ways to find them. However, you do not need to feel as though the information is too overwhelming or in the alternative, feel lost. There are a number of ways to locate the right attorney for you.


If you are interested in learning more, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.

YOU'RE REALLY A DIVORCE LAWYER?

Yes, I hear that question all the time. And honestly, it is a question that I seriously asked myself when I first started focusing in family law (divorce & custody) 2 years ago. The answer is absolutely YES! I am so pleased that I can assist families during such a conflict-ridden time in their lives.

Putting aside any personal feelings about divorce and marriage, the fact is that many marriages end in divorce. It is by far one of the most emotionally challenging times of your life. If you have children, it can be even more emotional and upsetting.

What we provide for our clients is compassion, attentiveness, professionalism and affordability. We treat each client with patience and respect. We understand how difficult this time is, and we are here for our clients to try to work through those difficult times.

I have also been through divorce myself. I know how difficult it can be. It is my goal to help clients in this difficult time, and help them move toward healing.

This blog will be a source of information about the laws of Michigan as they relate to divorce and custody, and will hopefully provide clients and potential clients with valuable insight into options for getting through a difficult time...


If you are interested in learning more, please call Wendy Alton at 734-665-4441 or email her at walton@psedlaw.com. More information about her firm, Pear Sperling Eggan & Daniels, P.C., can be found here: www.psedlaw.com.