Choosing a solicitor

[merrilywego]

I separated this summer from DP of 14 years and we have one DC. I'm currently trying to find a good solicitor to get me through the divorce process (I've seen a few via the free half hour) but I'd like some advice on how to choose a good one. We don't have huge assets to divide, but a good chunk of equity in the house, and I earn a lot less than ExDP. Plus we have a second charge on our property to sort out. The main issues are finances really, and Ex is being pretty difficult, refusing to talk sensibly about anything etc.

My question is whether paying for a seasoned, experienced solicitor is worth the extra money or not? Have seen 2 I like, one is a youngish, fairly recently qualified (and cheaper), the other is mid forties, calm but steely with years of family law experience. And a partner in firm so more expensive.

I'm doing straightforward negotiation through the solicitor eg: not collaborative law where I expect you really want a toughie on your side. So does it really make a difference to the outcome which solicitor you choose?

Many thanks

Have posted similar thread in divorce board, but am hoping for a bit more traffic here?

If your husband is likely to be hostile and uncooperative then go for the one that you describe as 'steely' and with experience. Even if you're not going for the adversarial approach, it helps to have someone who can word an offer such that it'll be taken seriously.

Make sure they are Family Law Specialists - not 'Jack of all trades', and ask them whether they mostly deal with Children's issues or Finance issues.

A good solicitor is usually a very, very busy one! So they don't always do 'free half hours' because they aren't competing for work as it were.

I would also go with experience myself. Simple maths is if the more expensive one is going to cost X more in divorce (say another 3K) then they need to be able to get you at least 4K to make it worth it.

However, at this point you need to look at your own circumstances. Is he likely to be co-operative (up to a point) with the divorce (when he gets his own solicitor) or is he very decisive and firmly fixed on what you're getting. In other words are you fighting a bully or just divorcing someone that you no longer love.

Finally, look at you - what kind of person do you want to work with? Divorce is incredibly stressful at times, and your chosen solicitor is going to be the person you air your 'dirty laundry' to, so you want someone who is not just firm with you and your STBXH, but also sufficiently sympathetic to your needs.

Most divorces don't go 'all the way' (e.g. to a Final Hearing) most are negotiated and settled at the First Appointment. Indeed the onus is on the divorcing parties, and their representatives, to settle out of court at all times so you want someone who you think will negotiate the most effectively.

I hope that helps.

Thanks Cog and WellWhoKnew. All good points made. I'm leaning towards Ms Steely, but am worried about the cost - she was very upfront about fees but even things like emails get charged so I'm sure it could really rack up. I'm thinking 6 hours or so of work - does this sound reasonable or completely clueless??! I've really got no idea. She did say she'd work to a cap on budget so I can give her a figure and she'll let me know when we're up to that, plus pay monthly. Both are Resolution members, which is supposed to give assurances that they put children first, don't take antagonistic approach etc.

A straightforward, solicitor-led divorce costs between 5K and 10K. An "all the way" divorce (to final hearing) costs around 25K+

Saving on costs by doing your own leg work, clearly, will keep costs much lower - you can then use your solicitor to help you with the wording of any orders/arrangements that you can file at court. This keeps costs very low.

Mediation is much, much cheaper so look towards that first, I'd expect if you're thinking around 6 hours of solicitor time.

Does that help?

I'm doing straightforward negotiation through the solicitor eg: not collaborative law where I expect you really want a toughie on your side. So does it really make a difference to the outcome which solicitor you choose?

Yes. For all kinds of reasons, not least that you may find the other side trying to pull a fast one that a non-specialist will not spot.

Generally, when choosing any professional adviser there are two key rules (1) you should choose someone who is personally recommended to you by someone who has had experience of their work and (2) broadly speaking, the more experienced a person is the better, because they are less likely to make a mistake and will have seen more. I say broadly speaking because obviously there is a cut off - and you don't want someone too past it or jaded.

Negotiations can also be quite tough and any sort of litigation of any kind has the capacity to be unpredictable. You never know what is going to set someone off on a train of unreasonable behaviour. If your Ex is "refusing to talk sensibly about anything" it is not a good sign. If your more senior woman is recommended to you, I'd go for her.