To choose your lawyer , it is common to trust the opinions of those around you or those published on the Internet. Although these recommendations can prove useful, it is nevertheless necessary to take a certain number of criteria into consideration before selecting the lawyer best suited to your case. DivorceMG takes stock.
Choosing your lawyer: basic notions
Consulting lawyer or litigation lawyer?
If you wish to be assisted in the negotiation of a contract or supported in setting up your company, a lawyer whose main activity is advice is preferable. Conversely , if you plan to take legal action, it is strongly recommended that you contact a lawyer experienced in court.
General lawyer or specialist lawyer?
Likewise, you may be required to select a general lawyer or, on the contrary, a specialist in a particular legal field depending on the case that concerns you.
Mastering family law issues, the practicing lawyer in this area will be able to support you throughout your procedure and answer your questions.
The specialist lawyer has in-depth knowledge of a very specific legal area. It will therefore be useful when your case is particularly complex and requires cutting-edge expertise. Note that a lawyer can highlight his specialization when his professional skills have been validated by a jury, and attested by a certificate issued by the National Bar Council.
Extra-legal skills
. He must therefore listen to his customers and establish with them a relationship of trust conducive to good collaboration.
Good to know: lawyer training
In France, all lawyers have the Certificate of Aptitude for the Profession of Lawyer or CAPA. To take this exam, he must also have a master’s degree in law and follow training for 18 months. Please note that certain legal professionals may benefit from special conditions of access to the profession.
Choosing your lawyer: in-depth analysis
Do I necessarily need a lawyer near me?
This is undoubtedly a secondary criterion when selecting your lawyer. The most important thing remains competence, adequacy with one’s needs or even the relational aspect.
Expertise and experience are also fundamental when choosing your lawyer . However, it is important to keep in mind that a lawyer who is too far away will undoubtedly charge travel costs. He will have to go to the court where your divorce case is being judged, which will generate costs for you .
Are high fees a guarantee of quality?
Fees are free. From one lawyer to another, their amount can vary greatly. And this is unfortunately not always representative of the quality of their work. The size of the firm, the presence of a large number of assistants, the reputation of the partners are all factors that can impact a lawyer’s fees and therefore the price of the divorce
In any case, a conscientious lawyer will present to you the amount of his fees at the first meeting . He can therefore offer you a fixed price or based on the time spent according to a defined hourly rate. Since 2015, before starting his mission, your lawyer must provide you with a fee agreement. This contract, signed by both parties, makes it possible to clearly set the amounts owed by the customer. You are free to accept or not its conditions.
Finally, please note that if you do not have sufficient resources, you can request legal aid .
Please note, however: not all lawyers agree to work within the framework of legal aid, the amounts allocated for their work are very modest.
Should I consider the lawyer’s reputation?
Obviously, it is always better to use a lawyer you have heard good things about than the other way around. That said, it is essential to remain objective about your business and your needs. Above all, your lawyer must have the necessary skills to handle your case while offering fees adapted to your budget .
Should I trust my first impression?
This is indeed an important element. During your first meeting, you will be able to assess the tone used by the lawyer, the way in which he explains the handling of your case or his listening skills. It is also important that you can assess its availability.
He must be able to follow your business closely, be responsive when necessary and answer your questions.
What are the qualities of a divorce lawyer?
The first is perfectly obvious: he must be competent in family law matters. Whether you choose to divorce by mutual consent or in court, your lawyer must be able to support you throughout the amicable or contentious procedure. He must also be able to listen to you. This ability is essential because divorce strongly impacts the lives of future ex-spouses and their families. He must also be able to explain the procedure to you in a simple and understandable manner.
He must explain the procedure to you as well as the terms relating to divorce clearly and precisely. We are not all lawyers: lawyers must put themselves at the level of their clients.. It is indeed essential that he keeps you regularly informed of the progress of your file.