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The Importance of Choosing an Attorney
Why you need an attorney
It has been our experience that the final or permanent orders of a court, especially in divorce and
family law cases, closely resemble the earlier temporary or emergency orders entered by the judge.
These temporary or emergency orders can be entered or granted at your first court appearance. It is
imperative that you are fully prepared to present your strongest position at that time. Judges are
used to particular rules and procedures, which effect their perception of you, your case and the
ultimate outcome.
What to look for in an attorney, other than professionalism and competence
The best way to manage what could quickly become a crisis is to employ the services of an attorney.
You should only be represented by an attorney with whom you are comfortable and with whom you can
communicate clearly. The results of poor communication between an attorney and client in both
directions will be disastrous. An attorney who does not possess all of the facts cannot prepare
adequately to advocate for the client. A client who is not fully informed cannot effectively
participate in the decision making process to assist in their case or help develop the strategy
and focus of their case. Therefore, the most important aspect of your case may be choosing your
attorney and the second most important will be getting your attorney involved early in the process.
What you should know in advance
One other issue that leads to confusion and frustration due to poor attorney/client communication is the cost
of representation. You should discuss the potential legal fees and expenses involved in your case before
you hire your attorney. You should know how your attorney expects to be paid, whether at an hourly rate, a
flat fee or on contingency fee basis for a percentage of any settlement or award. If your attorney is to be
compensated with a flat fee or on an hourly basis, there will be a required deposit or retainer to cover the fee.
The fee arrangement should be reduced to writing so that all of the terms of the agreement are clearly understood.
You are free to request an estimate of the potential overall fees and expenses, once your attorney has had a reasonable
amount of time to fully investigate your case. This estimate will be made in good faith and subject to change due to
the issues that arise during the litigation of your case. Finally, you should know where your money has gone, which means
you are entitled to periodic statements that itemize the time expended by your attorney or his agents and costs related to
your case. Should you have problem or disagreement about the fees or costs that you cannot resolve with your attorney, you
have the right to request mediation or fee dispute resolution.
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Gerard R. Roux II
Attorney at Law
English Park Executive Center
336 Harris Hill Road
Williamsville, New York 14221
Tel: (716)633-3120 Fax: (716)639-8282 *
gerardroux@roadrunner.com
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