Legal Question in Family Law in New York
im at wits end
I need to know from a lawyers point of view, how/what is the best way to find the best lawyer possible for a divorce litigation. I have been involved in litigation for almost 2 and 1/2 years now. i am also on my 3rd lawyer. i fired the first one after 6 months due to inexperience (7years) and he def gave me bad advice. i fired the second one after a little over a year because i was not a priority in any means, i would call him with questions and it would take weeks to get a response (he had 20 years experience) so i moved onto the newest lawyer who assured me that things would move faster now. (he has 40 years of experience) however i hired him in the beginning of march and ABSOLUTLEY nothing has been done. i have met with him several times and he reads the notes that he wrote when i interviewed him the first time and we start all over again. then he tells me to go through the file and call him for another appointment.
i dont know whether to start yelling at them or what approach to take to get this moving, the only thing that was settled in 2 1/2 years was custody.
how do i go about finding a lawyer, with experience, that wants to represent me??
i am obviously doing something wrong, and word of mouth isnt working??
3 Answers from Attorneys
Re: im at wits end
I appreciate your frustration - but it doesn't seem as if experience is the real issue. After 2 1/2 years, with three attorneys of varying degrees of experience, you're still litigating a divorce.
That indicates a problem other than merely the lawyers (that's not to say that bad lawyering may have contributed to the failure to resolve your case.)
In the past year or so I've been the second lawyer into two protracted matrimonial battles, and have found there always is a solution. The first thing to do is identify the issues, and from there analyze what the sticking points are. In your case it sounds like it's equitable distribution.
One of those sticking points can be that some members of the matrimonial bar, given a wealthy client who would rather fight than settle, will rack up large numbers of billable hours. And there's no excuse for not returning calls promptly, or keeping the client fully informed.
But to directly answer your question as to how to search for the right attorney, I'd start with a traditional search - a couple of consultations with attorneys in your area, asking not just whether they're qualified, but who they liked among those who've been their opponents.
Another interesting way to find the better attorneys is to see who teaches the Continuing Legal Education courses in matrimonial law in your area. The New York State Bar Association website will help you with that. (And, no, I don't teach courses!)
Feel free to call if you're in New York City or Westchester and want to kick some ideas around.
Re: im at wits end
You should either consult with your friends, family, or local bar association. Otherwise, you should explore the internet and interview lawyers you feel my be qualified.
Daniel Clement
Re: im at wits end
One suggestion I want to make is to do your own research on the litigation process. I think it would be beneficial for you if you could get a realistic idea of what to expect in the sort of case you are involved in. A lot of people hire attorneys with no clear undertstanding of the process and therefore they have expectations that neither a seasoned attorney or novice can satisfy.
After that, you should consult with several attorneys that were referred to you by friends or by surfing the internet. YOu should get a feel for the attorney's syle just from the consultation. At the consultation be sure to explain what you expect and the frustrations you have had.
And last point, keep in mind that we are professionals, we sometimes need to hear from you how we are doing and the opportunity to serve you better.
I hope you find someone that suits you because I know personally, I am reluctant to accept cases where there were three prior attorneys on the case. However, once I explain the manner in which I work ( which I do without exception) I give the prospective client the choice.