Criteria for Selecting a Divorce Attorney in Washington State

Question 1:

If I want the best attorney, shouldn't I hire a large law firm at the highest cost?

     Answer:

The important criteria to keep in mind is what attorney will actually be working on the case. Why should someone pay a high attorney fee to have the case mainly worked on by an associate with only a few years or less of experience in family law? You should not have your case be the training ground for an attorney, especially if you are paying a top rate.

It is well known that young associates in a law firm to often work for relatively low wages while the "partners" in the firm make a substantial profit from the work.

There is typically only one attorney who is typically going to be in court to represent you. You want to make sure that the attorney doing the work in the office and representing you in court has a great deal of experience in family law in cases with your circumstances.

A large law firm often has a substantial commercial practice such as insurance defense that has little relation to family law. In this case, the fact that you have hired a large firm with "experience" in other areas will have no relation to experience that you need to obtain the best results possible for you in a family law proceeding.

Finally, a large law firm often has very high overhead costs for secretaries, paralegals, computer technicians and may have very expensive office space. These additional expenses may do little to assist you in your case.


Question 2:

My spouse and I have a relatively high net worth. Will I be charged more than a person with much lower net worth?

     Answer:

Not necessarily. You should only pay for the work actually performed. In fact, it is unethical for an attorney to base their fee on a percentage of the assets in a divorce. In many circumstances, cases with a relatively high net worth can be resolved at a lower cost because the parties are more willing to settle. There is simply no reason for a client that has substantial assets to be unfairly charged.

However, additional assets can result in additional attorney work required as well as requiring additional costs. For instance, if there are a number of houses involved that are owned by the parties, additional work will be required to have the houses assessed as well as the additional cost of the appraisal(s).


Question 3:

What are some general guidelines on how to select an attorney

     Answer:

You should select an attorney in a similar manner that you would select any other professional such as a doctor, dentist. You should assess first what you have at stake in your case. Are there children? Is there a house which equity needs to be divided? Is there a civilian or military pension or a 401k plan? Is there an issue of maintenance to be addressed? Is one spouse making considerably more than the other? Is there child support that will have to be paid?

You should focus primarily on your assessment of the attorney's ability and willingness to represent you well in court and the most likely to obtain favorable results through both negotiation and litigation at a reasonable cost.

You should seek an attorney who has a minimum of 5 years primarily in family law who has handled cases like yours or very similar to yours in the past. For instance, if you are retiring from the military, you want to make sure your attorney has had experience with the division, or resisting the division, of a military pension. Has the attorney previously divided a military pension?

Unless it is not possible, you want to meet the attorney personally and assess the attorney personally. Does the attorney have the time to spend on your case and take all the steps needed to maximize the result possible? Does the attorney use the latest technology technology to handle your case? Does the attorney still have an active practice focused on family law or does the attorney try be a "jack of all legal trades"? Does the attorney regularly attend court and feel comfortable in the courtroom if a dispute arises? Is the case going to handled by the attorney you meet with, a junior attorney in the learning process, a secretary and/or paralegal?


Question 4: In paying a retainer, should I agree to a large non-refundable retainer?
     Answer: Attorneys often have a non-refundable retainer when engaging a client. However, I generally do not use non-refundable retainers. I believe a fairer arrangement is to only charge the client for the work performed. If the attorney feels confident in his or her work, why should they be reluctant to refund the unused portion of the retainer?




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Divorce attorney office is located in downtown Tacoma near the Pierce County Courthouse, in Washington across from the armory in Pierce County.

Law Office of Erik Bjornson
Atttorney at Law
711 Court A, Suite 114
Tacoma, WA 98402
Phone (253) 272-1434
Email: ebjornson@msn.com

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