Working with a Lawyer

Working with a Lawyer

Source: This section is drawn from the booklet entitled "Legal Rights in Marriage and Divorce in Maryland" produced by and available from The Women's Law Center. Updated 3/30/01.

Finding a Lawyer
Basic Considerations in Choosing a Lawyer
Your First Meeting
Fees and Expenses
Problems with Your Lawyer

Finding a Lawyer

Once you decide that legal advice is appropriate, your immediate task is choosing a lawyer. If you have a family lawyer, contact that person. Although he or she may not choose to take your case, your family lawyer can recommend another attorney who specializes in domestic relations. If you do not have a family lawyer, you might seek the recommendations of friends, business associates, your clergy or counselor.

If you do not know the name of a lawyer, you should call the Lawyer Referral Service of the Bar Association in your county or Baltimore City. You will be given the name of an attorney who can help with your particular problem. For a small fee, you are entitled to one consultation with a recommended lawyer. After the first interview, the attorney will charge according to his or her regular fees.

Through the Legal Aid Bureau, free legal assistance may be available to parties who are income eligible. To determine whether you qualify for such assistance, you should call the Legal Aid Bureau in your county or Baltimore City. The Maryland Volunteer Lawyers Service, Inc., (410/547-6537 or 1-800-510-0050) may also assist you in finding a lawyer to provide free or reduced fee representation if you are financially eligible.

Because a lawsuit is an adversarial or two-sided proceeding, you and your spouse absolutely should not use the same lawyer. The court may not respect an agreement where each party has not been independently represented by a lawyer freely selected.

Additional Resources on Finding a Lawyer

Basic Considerations in Choosing a Lawyer

Your First Meeting

Before you meet with your attorney, you should make a list including the following information:

the date and place of birth of you and your spouse;
the date and place of your marriage and whether a religious or civil ceremony was performed;
the date and place of any previous marriages of either spouse as well as the date, place and circumstances under which such marriages were terminated;
the name, date of birth, and place of birth of each child born or adopted during the marriage;
an estimate of the income, expenses, assets and liabilities of each spouse;
a brief indication of what you want the attorney to do—e.g., offer advice about alternative courses of action, obtain a limited divorce, or file for an absolute divorce; and,
if you know what grounds you have for the action, a brief description of the grounds and available evidence.

To properly represent your interests, your lawyer must know the facts – All the facts! Your reluctance to discuss the details of your private life with a stranger is understandable, but remember an attorney-client relationship is strictly confidential.

Your lawyer must be in a position to evaluate objectively both your bargaining leverage and that of your spouse. Do not conceal any misconduct on your part that your spouse may use against you. If you do, your lawyer will not be prepared to protect you.

It is important to choose a lawyer that you trust as a professional. Your lawyer should be able to answer your questions in terms that you understand. You should also be assured that your lawyer will communicate with you when appropriate and be responsive to your concerns.

Fees & Expenses

At your first meeting with your lawyer, do not hesitate to talk about money. Find out how much you can expect your case to cost. Costs include attorney's fees, the expense of a private detective (if your lawyer thinks an investigator is necessary), and court costs. Determine also whether you or your spouse will be liable for payment.

A lawyer may charge a flat sum or an hourly rate. A lawyer cannot charge a contingency fee in a domestic case. A contingency fee is a percentage fee based on an amount you expect to recover or win in your case.

If the lawyer’s charge is an hourly rate, costs will increase with the complexity of the case. The attorney will likely charge you for the following time spent:

meeting or speaking with you, either in person or on the telephone;
researching the law as it applies to your particular circumstances;
negotiating with your spouse and his attorney;
drafting and filing the necessary documents (separation agreements, formal complaints); and,
appearing in court.

You can expect to be asked for an advance payment (a retainer fee) when the lawyer agrees to take your case. Often, the entire fee is to be paid prior to the courtroom appearance. If your spouse is subsequently ordered to pay your attorney’s fees at the time of the trial, your attorney will reimburse you for expenses already incurred.

Problems With Your Lawyer

You have the right to have a lawyer that does the following:

represents you in a diligent, prompt and competent manner;
keeps you reasonably informed about the status of your matter and promptly responds to reasonable requests for information;
charges a reasonable fee;
keeps your information confidential, except when necessary to adequately represent your interests; and,
avoids representing clients that are in direct conflict to you, such as your spouse.

If your lawyer is not fulfilling his or her obligations to you, and you have attempted without success to resolve the situation, you can call the Attorney Grievance Commission of Maryland at 1-800- 492-1660.

Source: This section is drawn from the booklet entitled "Legal Rights in Marriage and Divorce in Maryland" produced by and available from The Women's Law Center. Updated 3/30/01.

Last date of legal review 01/31/08 (M.A.J.)