Choosing the right attorney may be your most critical decision in successfully confronting your Family Law issues and beginning the next phase of your life.

The right Family Law attorney can help provide you with financial security. The wrong lawyer may lead to the loss of marital assets that are rightfully yours or even may result in you losing parenting rights with your children.

You need an experienced and concerned attorney to fight for you, to guide you through the legal process and to respect your needs. Litigants in divorce cases sometimes change lawyers before the conclusion of their case. Part of the problem is that often clients do not put enough time and effort into initial attorney selection. To keep this from happening to you, choose your lawyer carefully.

Allow a wide range of factors to weigh into your decision. Do not choose a lawyer based solely on what others say. The fact that your friend or relative recommended a particular attorney does not mean he or she is right for you. Be discriminating. Investigate your options and trust your instincts.

Your selection can best be accomplished by establishing criteria that are important for you and then matching up prospective attorneys against the following standards:

Experience and Knowledge of Family Law.

The most important criteria for selecting a Family Law attorney are knowledge of and experience in family law. An experienced Family Law attorney will be familiar with the law, its trends and the legal system. When a problem or crisis arises in your case, the seasoned lawyer is less likely to be caught off guard and more likely to be prepared to handle it.

Pose the following questions to each Family Law attorney you interview to determine his or her level of knowledge and experience:

• How many years have you practiced law? A lawyer who has practiced 10 or more years is more likely to have a strong base of knowledge and experience.

  Bill Hoge has over 34 years of litigation and Family Law experience.
   

• During the past ten years, what percentage of your practice has been devoted to divorce law? You should look for a lawyer who devotes at least 50 percent of his or her practice to matrimonial law.

  Bill Hoge’s practice has been focused on Family Law for over 15 years.
   

• How many trials have you had during the past five years? Although a lawyer may otherwise be knowledgeable, he or she may have limited courtroom experience.

  Bill Hoge takes many Family Law matters to trial or through complex hearings every month. He has experience litigating in the Jefferson County Circuit, Family and District Court Systems, the Kentucky Supreme Court, the Sixth Circuit Court of Appeals, the U.S. District Court, and the U.S. Supreme Court.
   

• How many contested custody cases are you presently handling? Custody cases require special and unique skills. A lawyer may be experienced in divorce cases but have minimal experience with custody matters.

  Although the number of custody cases fluctuates, Bill Hoge’s practice consistently includes a number of custody matters both within divorce proceedings as well as post-divorce and involving parents who have never been married.
   

• Do you frequently handle complex or large asset cases? You don't want to be the guinea pig for a lawyer who is just learning the ropes or who handles only simple cases.

  Bill Hoge’s practice focuses on complex Family Law matters routinely requiring business valuation and asset appraisal.
   

• Have you written any articles or publications related to any aspect of matrimonial law? A lawyer who has written on various subjects of divorce law has demonstrated knowledge of the law.

  Bill Hoge has published articles for the Louisville Bar Association, the Kentucky Bar Association, The American Bar Association Family Law Quarterly, Fair Share - The Matrimonial Law Monthly, and is Co-author of Divorce in Kentucky - The Dissolution Resolution System, an Interactive Organizer and Video.
   

• Have you presented any lectures on the subject of divorce law and to whom? Lawyers who lecture to the bench and bar are often acknowledged by their peers as experts in the field.

  Bill Hoge makes numerous Continuing Legal Education presentations each year. His audiences include members of the American Academy of Matrimonial Lawyers, the Family Law Sections of the Louisville Bar Association and Kentucky Bar Association, in addition to local Marriage and Family Counseling Professionals.

  In addition, Mr. Hoge was one of the founders of the American Bar Association's Commission on Lawyer Assistance Programs in 1987; he speaks regularly to bar associations across the country, community groups and recovery groups on alcoholism, substance abuse and family dysfunction, including co-dependency.  He has substantial personal and professional experience in overcoming alcoholism, substance abuse and family dysfunction.
   

• Are you a Fellow of the American Academy of Matrimonial Lawyers? As a member of the Academy, a lawyer is acknowledged as an expert in divorce law and has met stringent standards for admission.

  Bill Hoge is a Fellow of the American Academy of Matrimonial Lawyers and was the 2003-2004 Kentucky Chapter President as well as Continuing Education Chair of the Kentucky Chapter.
   

• Have you received public recognition for your expertise in divorce law? Public recognition and awards for practice are received by few attorneys. These lawyers have been recognized for their contribution to the public and the practice of Family Law.

  Bill Hoge was presented with the Louisville Bar Association’s 1999 Judge Richard A Revell Family Law Practitioner of the Year Award.

Rapport With Your Lawyer

As a client, you deserve to be treated with dignity and respect. In this area, your "gut feeling" about the lawyer can be your best guide. Do you feel comfortable talking to the lawyer? Do you feel that the lawyer is condescending to you? Be wary of lawyers who are abrupt and inattentive. Keep in mind that you will spend many hours with your lawyer during the course of your case. Family Law Matters are often time consuming and emotionally draining. If you are uncomfortable with your lawyer, it may be a constant source of additional stress to you.

Commitment and Desire to Obtain a Favorable Result

Does the lawyer want to WIN for you? This may be difficult to determine during an initial interview. However, there is a greater likelihood that the lawyer will be committed to your case if he or she is interested in and excited about your case at the onset and is not distracted or preoccupied. A lawyer's interest in your case may be revealed by a lively and energetic search for facts and detail.

Availability to Other Lawyers and Support Staff

A matrimonial attorney often needs the assistance of other attorneys and paralegals. This is particularly true in a complex case where a team of specialized professionals may be very effective and cost efficient. Your lawyer can delegate certain tasks, such as document research, to junior associates or paralegals with lower billing rates. By doing this, your lawyer will spend less of his or her more expensive time doing work that the support staff easily can handle.

Bill Hoge’s team includes paralegals and associate counsel with over 15 years of experience in Family Law. This team approach is utilized to gather, organize and produce information in an effort to contain costs for clients.

Reputation of the Lawyer and the Firm With Whom He or She is Associated

A lawyer should have a reputation for being trustworthy, credible, well prepared and reasonable while still being a strong advocate for their clients. Obviously, any questions you ask lawyers about their firms or their own reputations will generate self serving responses. To obtain objective information, ask other lawyers, accountants or former clients of the firm. Your lawyer should be able to provide you with references from former clients who have consented to the release of their names.

Diversity of Firm and Other Resources

Often divorce cases require knowledge of other fields of law, such as real estate, bankruptcy, personal injury, criminal, commercial, estates, trusts and tax law. A matrimonial lawyer must rely on outside experts to render opinions related to custody matters and appraise assets such as businesses, real estate, pensions and personal property. Find out whether the lawyer has prominent and credible experts accessible to him or her for these services.

Assertiveness and Tenacity

Make sure you choose an attorney who is willing and able to adapt to your changing needs. Though you may want a lawyer who is sensitive and compassionate toward you, keep in mind that these qualities alone are insufficient. There are also times when your attorney must be assertive and tenacious, especially when dealing with your spouse, your spouse's attorney, and the Court. A lawyer who exudes strength and confidence during your initial interview is more likely to be able to be aggressive when the need arises.

Strategy and Focus

Every case requires a plan of action consistent with goals that the lawyer and client mutually agree upon. Unless your lawyer develops a strategy and remains focused on your goals, your case may become prolonged and costly. During the interview, ask the lawyer what result could be reasonably obtained and what strategies could be implemented to achieve your goals. The lawyer's response to this question will give you insight into his or her analytical skills and ability to develop a blueprint.

Proximity of Lawyer's Office

If your case is complex and contested, you may need to consult regularly with your attorney. If you consider selecting an attorney whose office is located a substantial distance from your home or office, you must weigh the additional burden against other factors.

Bill Hoge’s office is conveniently located in downtown Louisville, within a block of the Jefferson County Judicial Center.

Legal Fees

Good legal practice mandates that an attorney and client have a written fee agreement. The agreement normally provides for an Engagement Fee or retainer (an initial lump sum payment that will be applied toward future bills) and hourly rates charged by the attorney and his staff members. The difference in hourly rates and Engagement Fees among experienced divorce lawyers is relatively insignificant. It is most important that you feel confident that the lawyer is trustworthy because you cannot independently verify all the time spent on each task.

An expensive attorney is not always a skilled attorney. Be wary of lawyers who lack the credentials to justify substantial fees. Do not assume that because an attorney is expensive, he or she must be competent. On the other hand, do not let legal fees deter you from retaining a skilled lawyer.

Remember to keep counsel fees in perspective. For example, if your lawyer obtains for you an additional $50 per week in child support for your 3 year old, after 18 years you would receive an additional $46,800. An experienced lawyer may be better able to procure a bigger or longer term maintenance settlement. Similarly, good lawyering may enable a litigant to maximize or minimize the value of a business being distributed. An experienced lawyer may cost more now, but the long term financial benefits may tremendously outweigh that cost later.

A divorce can be extremely stressful and painful. It can be a very difficult time for you and as well as for your children, relatives and friends. If you are getting a divorce, you do not need the added stress of wondering, "Did I choose the right lawyer?"

Your lawyer should be part of your solution, not a part of your problem. If you have a strong, experienced lawyer fighting for your best interests, you will not have to worry about your case. Rather, you can devote more of your time and energy to emotional and psychological well being, and you can start looking forward to your new life. Don't make it harder on yourself by choosing your lawyer haphazardly. You owe it to yourself to choose carefully and to choose the best lawyer for you.

Other important reading on this subject:

Alternative Dispute Resolution Options
Controlling Legal Costs
What Lawyers Do
What Happens in a Divorce?
Dissolution Flow Chart (PDF)
Divorce Manual - A Client Handbook (PDF)