Q. I’m trying to hire a divorce lawyer and finding it more challenging than I expected.  Appointments are weeks out, I get calls back from paralegals and not the lawyers. All they do is ask questions.  I am hoping to separate over the summer so we can figure out a parenting plan and let our kids get used to things before they go back to school in September.

A. Don’t be offended that you are getting return calls from paralegals as opposed to the lawyers themselves.  It is the paralegal’s job to get some background information from prospective clients and pass it along to the lawyers.  Indeed, before talking with a potential client, the lawyer is going to want to know something about the case in order to have a meaningful discussion with you. Do you want to be charged a few to several hundred dollars for the lawyer to ask questions to elicit your biographical / statistical information?  It is far more cost effective to have the paralegals get the background so we know can offer at least some meaningful advice and strategy during the first conversation.

The pandemic set the courts back but also set the lawyers back.  When the courts were closed or only operating over Zoom hearing a limited number of cases per day, lawyers accumulated large backlogs of cases that were unresolved.  These lingering cases translate to an inability to take on as many new matters and have as many consultations as we used to have.

Now more than ever, I recommend clients thinking about a divorce or modification prepare a written narrative.  Essentially that means writing a history of your situation, how you came to be where you are now and including all of the important details like births of children, significant illnesses, job changes, moves, etc all with dates and as much detail as you can fill in.  Also providing a list of assets and liabilities is helpful  If you prepare this narrative, when the paralegal calls to get information, offer to send by email.  When you do get to meet with the lawyer s/he will then be able to set some expectations for you on an eventual outcome and provide a strategy on how to get there.

Email questions to whickey@brickjones.com