One of the most difficult decisions a parent must make if a divorce or custody dispute appears inevitable is the attorney who may be hired to represent that parent. Failure to choose an attorney who will effectively abide by a client's desires and properly represent a parent in a legal proceeding can be devastating, especially when children are involved. Therefore, it is important to take the time to properly select an attorney who you believe will act in your best interests. This article will explore steps that may be taken in the process of selecting an attorney.

There are many resources available which can assist a parent in locating a lawyer. Friends and relatives who have been through a divorce can refer you to an attorney who they believe was beneficial in representing them. The Bar Association in your state may have a Lawyer Referral Service which may provide the names, free of charge, of three attorneys who practice in the specific area of divorce or custody. For issues concerning Alaska law, the telephone number of the Alaska Lawyer Referral Service in Anchorage is (907) 272-0352, or toll free from points outside of Anchorage: (800)770-9999.

The Yellow Page listing of a telephone directory is another place where family law attorneys can be located. Review the Marital and Family Law section of the Fields of Practice portion of the directory at the end of the listings under Attorneys. The list is overwhelming, and it is difficult to determine who to call based on the advertisements placed therein. If you know an attorney in the area who practices where the matter is to be litigated or have hired one for another purpose it may be helpful to ask for a recommendation.

Regardless of how a lawyer is located, it is important to interview an attorney at the start of the process to ensure that he or she has the qualifications and experience that you desire. It is helpful to remember that you are hiring the attorney to work for you.

It may be useful to prepare written questions for an attorney in advance of your appointment to get the most out of your meeting, and to insure that all of your important issues are discussed.

Attorneys often provide a consultation which can last for a half hour or more. Attorneys who are referred by the Alaska Bar Association may not charge more than $50.00 for a one half hour initial consultation. At a consultation, you can question the attorney to determine whether he or she can assist you with your legal problems. You can also inquire regarding the fees charged and services that the attorney provides.

Many attorneys ask for a retainer from potential clients which is required to be given to the attorney prior to performing any work for a client. A retainer is a deposit of money which is placed in a special trust account until fees are actually earned by an attorney. Find out before or during the consultation whether or not the retainer is refundable. If it is, you will be billed for services provided, and at the end of the representation, if the retainer is not exhausted, any money remaining in the trust account will be returned to you. If the retainer is non-refundable, the attorney may keep the entire amount regardless of the extent of the services provided. Some attorneys charge an hourly fee, and others charge a flat fee. Ask the attorney how you will be charged for the services provided.

If you are able to afford more than one consultation, it may be wise to consult with two or more attorneys and compare their services and rates. Also, it is important to choose an attorney who you feel comfortable speaking with, who appears to be interested in your particular case, and one upon whom you believe that you can rely to speak to the court on your behalf. Find out how long the attorney has practiced law in your state, and how much of the attorney's practice includes domestic matters.

Finally, it may be important to seek out an attorney who will act in a manner that is consistent with your desires in your particular case. If you believe that the case will be complex and require an aggressive approach, you may want to seek an attorney who has demonstrated a willingness to be aggressive when necessary. Similarly, if you believe that your attorney should work toward settlement, look for someone who agrees with this approach.

Steven Pradell is an Attorney with a practice located in Anchorage, Alaska, emphasizing family law, including divorce, custody, child support and adoption. ©2000 by Steven Pradell. Steve's book, The Alaska Family Law Handbook, (1998) is available to assist those involved in Alaska family law matters in understanding domestic law issues. This article is not intended to provide legal advice and should not be relied on for that purpose.
Visit Steven Pradell's web site at www.alaskanlawyers.com