A lawyer's time is his stock in trade. ~Abraham Lincoln
Not all initial consultations are created equal. Many attorneys, especially in the area of divorce and family law, charge an initial consultation fee. There are several attorneys who offer free consultations, but the advice you get, if any, may be worth exactly what you pay for it.
The nature of the advice you get in an initial consultation will vary greatly depending on the nature of the case about which you are consulting with the attorney. If you are just beginning a divorce case, you will get much different information than if you are in the middle of a contested case. It will also depend on if you are merely on an information gathering visit or ready to file something immediately.
During your first meeting with an attorney in addition to the other information you should bring, which we discussed here, you should be prepared to provide the following information to your attorney:
- A brief history of the marriage
- Background information on you, your spouse, your children and other pertinent members of your family
- Information about your immediate situation and/or needs
- Your goals regarding your post-divorce future and, more specifically, your relationship with your soon-to-be ex-spouse
- The information you need from the attorney, i.e. come prepared to ask questions
The attorney you meet with should be able to provide you with the following:
- A summary of how divorce works in Kentucky and a rough outline of how the case will progress
- A discussion of the issues that are relevant to your case and how he/she might approach each issue
- A preliminary assessment of your rights, obligations and responsibilities under the law
- Background on the attorney, the firm, and their experience in family law matters
- Information about fees, court costs and other expected litigation expenses.
The initial consultation is an opportunity for you to develop a rapport with the prospective attorney. You will be putting the immediate (and possibly long-term) future of you, your children and other members of your family into this person's hands. It is imperative that you trust this person and are satisfied with the advice they give you and that they have the ability to handle your case. You should expect them to not only answer your questions, but ask you questions that show he/she understands your situation. While it is impossible for an attorney to answer every single question at an initial consultation, you should be able to develop some sense of comfort with the person. If not, you need to keep on searching.
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