You are in the midst of getting a divorce and in a haze of stress and high emotions, you hire one of the first lawyers that pops up in a Google search. However, you soon realise that you may not have made the best decision. Not only are you more stressed than ever, but you are also unsure about how much your legal fees will cost because your lawyer is being vague about their billing system.

This is why it is incredibly important to do your research before choosing a divorce lawyer in Sydney, especially when there are so many options available to you. Doing your due diligence before choosing a lawyer can save you stress, further emotional turmoil, and financial hardship.

Red Flag 1: Lack of Transparency About Fees and the Billing System

Hiring a divorce lawyer isn’t cheap, but reputable lawyers are always transparent with their pricing and their billing structure.

The first and most important red flag to look out for is if your divorce lawyer is vague about their billing system and the legal costs involved in your divorce case, and refuses to give you straight or definite answers.

Some things to be vigilant about:

• Vague answers: If your lawyer refuses to give a straight answer about their billing structure or estimated costs. If they make comments like “let’s worry about the bills later”, it should instantly raise red flags.
• No written cost agreement: In Australia, the law requires a written cost agreement between a lawyer and their client, which is legally binding. It details the workload, a rough timeline, the billing structure and estimated costs.

It’s important to note that while your divorce lawyer may not be able to give you an exact total billing amount, they should at least be transparent and be able to provide information about their hourly rates, an estimated cost range and their billing structure.

Transparency will automatically build trust between you and your divorce lawyer.

Red Flag 2: Promising Positive Outcomes

An overly positive lawyer may seem like a good thing, but how much of that positivity is authentic?

Beware of divorce lawyers who overpromise positive outcomes such as “You’ll definitely get full custody” or “You’ll win everything.” Lawyers are not psychic, and they cannot make that promise to their clients.

An overly positive and promising lawyer may indicate:

• Inexperience
• A failure to assess risk properly
• Dirty sales tactics
• Something that is too good to be true

Final legal decisions are made by the court and are based on the law and the evidence presented.

A sign of a good divorce lawyer is one who is honest and realistic, even when they have to deliver less than favourable news or results. Knowing that you can trust your divorce lawyer to be truthful with you at all times goes a long way to building a strong and stable lawyer-client relationship.

Red Flag 3: Poor Communication

The legal process of divorce is a stressful time, and the last thing you need is to hire a divorce lawyer who has poor communication, which only adds to that stress.

If your divorce lawyer is a poor communicator from the beginning, it’s unlikely that they will improve as time goes on.

Signs of bad communication include:

• Slow replies: If emails go unanswered or unread for days at a time, or if phone calls go unanswered and they take their time to call back.
• No updates: If you have to chase your lawyer for information regarding updates and the status of your divorce case.

Divorce lawyers are busy, but good divorce lawyers will always:

• Acknowledge emails received
• Give you regular updates
• Provide clear response time expectations
• Inform you about court appearance dates
• Answer your emails in a timely manner
• Return phone calls within an acceptable amount of time

Poor communication can lead to missed deadlines, incomplete documentation, and higher legal fees. Not to mention, your stress levels reaching an all-time high.

Red Flag 4: Encouraging Unnecessary Litigation

Unfortunately, court appearances and litigation are sometimes necessary during a divorce case. However, no divorce lawyer should be pushing for you to file in court immediately. It will not only cost you more, but will also cause emotional turmoil that can sometimes be avoided.

Litigation can lead to higher costs due to:

• Court appearances
• Barrister involvement
• Affidavit drafting
• Compliance with procedural rules

If your lawyer is aggressive without reason and deliberately pursues conflict without a strategy in mind, it is a big red flag.

Escalating conflict can lead to:

• More court appearances
• Higher legal bills
• Increased consultations

Successful divorce lawyers aim to negotiate and mediate rather than litigate. They weigh the benefits and drawbacks of each strategy before choosing one.

​Red Flag 5: No Clear Strategy

The average person is unfamiliar with the legal landscape and will rely on their divorce lawyer to navigate them through the strange terminology, legal processes and court appearances. They should also be able to outline a clear strategy plan.

A red flag is if your divorce lawyer is vague and doesn’t provide a clear strategy or plan, including the following:

• Estimated timelines
• Any potential risks
• The likely roadmap
• Possible settlement options

Competent divorce lawyers will discuss:

• Any potential weaknesses
• The strengths in your case
• Various possible outcomes
• Practical settlement ranges

Although no clear outcome can be predicted, your divorce lawyer should have a clear strategy plan in place, which involves the following steps:

• Attempt negotiation: Attempting negotiation and mediation can save clients money, time and further emotional turmoil.Unless there are mitigating factors, a divorce lawyer will always attempt negotiation for the best possible outcome for their client.
• Exchange disclosure: Both parties must disclose honest and accurate financial information, including assets, property ownership, debts, liabilities and income.
• Attend mediation: A neutral third party helps both spouses negotiate conflicts related to custody arrangements, property, and finances.
• Prepare for hearing (if required): You may be required to attend a hearing at the Federal Circuit and Family Court of Australia if you have children under 18, or your divorce case is more complex.

Your divorce lawyer will prepare you for this eventuality.

This strategy pursues the simplest outcome in negotiation and mediation, while also preparing you for a potential court hearing, ensuring that all bases are covered.

Signs of a GOOD Divorce Lawyer

Not all divorce lawyers are created equal, and some stand apart from the rest. Signs of a good divorce lawyer include the following attributes:

Provide Realistic Advice and Updates

Some advice or news may not be what you want to hear, but a reputable divorce lawyer will always strive to be as honest and realistic as possible with you. Although it can be tempting for your lawyer to provide you with false hope, it will do greater harm than good if results turn out differently from what you expect.

Aim for Resolution Where Possible

Divorce lawyers will always focus on resolution wherever possible, as that is usually the best outcome for their client. It is the most cost-effective and least complicated approach, saving their client money, time and reducing their emotional turmoil.

Explains All Possible Risks

It’s important to be aware of all the possible risks when going through a divorce. A competent divorce lawyer will be straightforward and honest with you from the beginning, laying out potential risks, including:

• Possible court appearances: If the divorce becomes more complicated, it may reach litigation and court appearances, which can be daunting and add to your emotional turmoil and the cost of your legal bills.
• Prolonged divorce case: If you and your spouse face conflicts and can’t come to an agreement, it may prolong your divorce case.
• Financial costs: Legal bills are not cheap, and your lawyer should be transparent with you about the cost range and their billing structure.

Upfront About Their Strategy

A good divorce lawyer will always create an effective strategy, which they will share with you, so you are both on the same page.

Guide You Through the Legal Process

Most people will have no idea how to navigate through the legal landscape, which is where your divorce lawyer comes in.

A reputable divorce lawyer will keep you informed and explain things to you in a clear and concise manner, so that you don’t feel too overwhelmed.

Conclusion

Meredith Family Lawyers strongly recommends that you do your due diligence and research multiple family lawyer firms before hiring a divorce lawyer. Read reviews and testimonials, ask family and friends who have been through a divorce for recommendations, and call up different family law firms to enquire about their services.

We understand that going through a divorce is an emotionally and financially challenging time, but that’s why you deserve the best representation possible, and somebody who will stand up for your rights.

Finding the right divorce lawyer can make all the difference in a divorce case.

If you’d like to learn more about how Meredith Family Lawyers can help you, we’d love to hear from you. Our friendly team is happy to answer any questions you may have and walk you through the services we offer — with no obligation. Reach out to us today by calling 1300 537 306, emailing admin@meredithlawyers.com.au, or visiting our contact page to book a consultation. Taking that first step doesn’t have to be daunting, and we’re here to make it as easy as possible.