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SELECTING COUNSEL
WHEN YOUR CLIENT INTERVIEWS YOU
As matrimonial attorneys, we are used to interviewing our clients. Part of the secret of success in practicing family law is sifting
out the wheat from the chaff, both in terms of the relevant from the irrelevant, and in weeding out undesirable cases or clients. But how accustomed are we to the same process, when we are the subject of the
inquiry?
The purpose of this article is to provide the matrimonial practitioner with a list of questions that informed divorce clients should be
asking their prospective counsel.
1. Where did you go to college? Where did you go to law school? Have you authored any articles in family law? Do you
belong to any relevant associations or organizations, like the American Academy of Matrimonial Attorneys?
2. Are you board certified in matrimonial law?
3. What percentage of your practice is in family law? What percentage of your clients are women and men?
4. What percentage of your cases are negotiated and settled, as opposed to litigated to conclusion?
5. How many contested cases are you presently handling? How many contested matrimonial cases have you taken to and through
trial? Appeal? How many of these have been contested custody cases?
6. How does the division of property work? What percentage of the assets is my spouse likely to receive? What assets are
immune from division?
7. How is child support determined? What are Child Support Guidelines? What is the amount of child support likely to be
awarded in my case?
8. How do the courts deal with alimony? What are the differences between permanent, temporary, rehabilitative and reimbursement
alimony? What is the likelihood that alimony will be awarded in my case?
9. What is the effect of adultery (or other fault grounds) on either the division of property or the award of alimony in my case?
10. How automated is your practice? Do you have computers, word processing and scanners? Do you have a website? Do
you use e-mail?
11. How familiar are you with the practice of matrimonial law in [x] county? How familiar are you with Judge [x]?
12. Do you know my spouse’s lawyer? What do you know about this lawyer?
13. What particular experts do you recommend using in my case? Accountant? Business appraiser? Psychologist? Private
Investigator? Real estate appraiser? Do you have any contacts with or do you recommend any particular expert?
14. How do you feel about alternate dispute resolution? How do you feel about arbitration vs. mediation? How many cases have you
arbitrated or mediated, either as an advocate or as the neutral?
15. Do you have any ethics proceedings pending against you? Do you have any fee arbitration cases pending against you? Do you
have any malpractice cases pending against you? Have you had any of these in the past and what were the circumstances and outcomes?
16. Having reviewed the basic facts of my case, can you give me a rough outcome/outline of what I can expect, knowing that there are no
guarantees?
17. Approximately how long will it take to compete my case?
18. What are your charges for your services? What is your hourly rate? What is your retainer? May I see the form of
retainer letter you expect me to sign? Knowing that some of the variables are out of your and my control, can you nevertheless give me a rough budget of what my case might cost to complete?
If you are uncomfortable answering any of these questions, you may need to reassess your own motivations. Otherwise, be prepared to give
frank and fully informed answers to these legitimate inquiries. Not only will you be in a better position to properly service your clients, but the attorney-client relationship will be off to a smoother start,
based on full and open disclosure.
Charles C. Abut practices in Hackensack and Springfield, New Jersey. He is a Certified Matrimonial Attorney and a Fellow of the American Academy of Matrimonial Attorney. He has been designated by the New Jersey Supreme Court as a Certified Matrimonial Attorney from 1998-2007 and as a Certified Civil Trial Attorney from 1984-1998.
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