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William J. Leininger, PC

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1. Above all, select a divorce expert
!
  Never retain a divorce attorney until you have had a personal consultation with the attorney. On Staten Island, that 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 90%, 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.


2.  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 on Staten Island. 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 on Staten Island as being a good matrimonial attorney who fights for his clients, then you probably have found yourself the best divorce lawyer for you!


5. Does the Divorce Attorney offer a low initial retainer - without any minimum fee?  Many Divorce Attorneys on Staten Island insist upon a minimum legal fee for the divorce - frequently $5,000 or $7,500.  They usually do so so that they can take your entire retainer deposit immediately, even though the legal services have not yet been performed. For 30 years our law firm has never charged a minimum legal fee on any divorce case.  All retainer deposits are always refundable if not used up. While many Divorce Attorneys on Staten Island require a substantial up-front retainer on every divorce matter - frequently $5,000, $7,500, or even $15,000, our firm will accept most divorce cases - no matter how  difficult and no matter how substantial the assets -  for an initial retainer of only $3,000, if the matter is not in Court litigation. 


6. Does the Divorce Attorney keep your retainer deposit in his or her escrow account until he has billed you?  For 30 years our law firm has kept all retainer deposits in our escrow account until an itemized bill for services has been rendered to the client! Make sure the Divorce Attorney you are considering will agree to hold your retainer in their escrow account and not spend it until they have earned the fee!  Many Divorce Attorneys do not keep your retainer deposit in escrow, but rather take the entire deposit and put it in their operating bank account to pay their bills - even before they have done the legal work they were hired to perform!  They may do so if you agree to a minimum legal fee.  So be a smart legal consumer and insist that all retainer deposits be kept in an attorney escrow account until a bill is rendered!



Provided as a public service by:

 William J. Leininger, PC
Attorneys at Law

34 Dumont Ave.

Staten Island, New York

(718) 979-5200

E-Mail: mail@silaw.com

Web:

www.staten-island-divorce.com