Columnist Sandra Thompson: Check prospective lawyer thoroughly

Sandra Thompson

Sunday, May 7, 2000 | 8:39 a.m.

Sandra Thompson is vice president/associate editor of the Las Vegas Sun. She can be reached at 259-4025 or thompson@lasvegassun.com.

A Las Vegas marriage and family therapist, who for years counseled people on how to deal with divorce and stress issues, got a different perspective when her daughter went through the Family Court process.

She says that if more people knew how long it can take and how financially draining it is, maybe they would think twice about getting a divorce.

Seven years ago it cost one of her relatives $1,600 to get a divorce. Last year the therapist and her husband spent $35,000 in attorney's fees to help her daughter obtain a divorce.

Although not a complicated case, it took more than a year, four judges and several attorneys before the divorce was finalized.

It's not uncommon for litigants in Family Court to be represented by three or four attorneys at different times during the case. Sometimes clients are unhappy with their attorneys' performance (or nonperformance). Sometimes attorneys are unhappy with their clients and they opt off the cases.

The therapist says two attorneys "fired" her daughter because they did not ever intend to prepare for court. One attorney went to court the day of the trial -- with no trial preparation and no records -- and asked to be relieved of the case. This was after he accepted a $4,500 retainer for approximately six weeks on the case and had advised there would be no further charges.

"Fortunately, the judge disallowed this ridiculous motion to withdraw, but I have been told by other officers of the court since that time that this is not an uncommon practice by attorneys who never intend to go to trial," the therapist says.

Sometimes cases are turned over to associates.

"Most of my clients have not been represented by the person they hired, and the skills (of the associates) are deficient both in law and in dealing with the very strong emotional impact of two people divorcing," the therapist says.

She advises clients to know upfront which attorney will handle their case and what the go-to-trial statistics are.

Obviously, attorneys can't be blamed for all the problems in the divorce/child custody process. Family law clients can be difficult or unfairly demanding. Because the fees are so high, clients can end up owing attorneys thousands of dollars. Some attorneys place liens against those clients' assets, which only adds to the hostility.

Know what you're getting into before you hire an attorney. During the initial consultation, before he asks you details about your case, ask the attorney questions.

A website, www.thelaw.com, offers excellent checklists on what you should ask and know about a lawyer in any legal case.

How many cases has he handled? How many went to trial? Where did he go to law school? Does he have time to take on a new case? Does he know your ex-spouse or his/her attorney?

Be sure to ask about day-to-day operations: Will anyone be assisting on the case? What is his experience? Can you meet them now? What work would the attorney do and what work would the assistant do? Who will try the case? Will you get copies of all letters, faxes, legal papers and other documents in the case? Will you be charged for those copies?

Make sure the fees are clear. What is the attorney's hourly billing rate? What is the associate's rate? Are you billed for both if both are working on the case at the same time? Is there a retainer? What happens when that is used up? What extra fees should be expected? Are you billed for telephone calls?

Make sure you know what your role in the case will be. How much input will you have on the strategy? What problems does the attorney foresee?

When should you call your attorney? This is important because you may be billed each time you call the law office just to check on the status of a case. If your ex-spouse brought the kids home late from visitation, is this reason to call your attorney?

Doing your homework can save you headaches and money later on in the case.