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If you go to a consultation prepared, in about minutes you should be able to figure out whether the attorney on the other side of the desk is truly prepared to handle the issues in a "military divorce", or whether you're being fobbed off with generalities which mask a lack of knowledge.
If you already have specific question in mind, fire away and see what answers you get. But if not, here are some basic questions which every military divorce attorney should be able to answer. How many cases have you handled involving military personnel? That means we've handled hundreds of "military divorce" cases.
Click here for suggested questions you should use to interview a prospective civilian counsel. Our navigation bar also has links with "Free or Cheap Help. Military Divorce Guide U. You should not delay -- even a valid claim can be lost simply because you waited too long. Some civilian attorneys have very little court-martial experience, consistently obtain poor outcomes for their clients, or overextend themselves by taking on too many state, federal, and military clients. First, you should interview the civilian counsel that you are considering hiring.
This is a bit sneaky, since it's a double trick question. Second, the SCRA has no specific requirements on how to serve the summons on a servicemember.
Does service of process in Colorado give the court jurisdiction to divide a military retirement? The Uniformed Services Former Spouses' Protection Act requires either domicile or the servicemember's consent to divide a military retirement. How many years of marriage are needed before a military pension is divisible? What benefits is the civilian spouse entitled to after divorce? Unless married for at least 20 years, none.
The Civilian's Guide to Lawyers™: How to Hire a Lawyer: The first of three That's part of how lawyers and their bar organizations limit. legal system especially with lawyers new on kindle the civilians guide to lawyers how to hire a lawyer seven steps to find the right lawyer to save money and.
And those 20 years of marriage must overlap at least 15 years of service for one year of transitional medical benefits, or overlap 20 years of service for full military benefits after divorce. The 9-month deal protected the client and was the best possible outcome in his case.
Be skeptical of these comments. While some military counsel are inexperienced and overworked, that is not always the case. The vast majority of military counsel are very hardworking and do have your best interests in mind. So sometimes there is such a thing as a free lunch. You should treat your decision to hire a civilian counsel like you would with any other important decision — do your research and get the needed facts to make a wise decision.
First, you should interview the civilian counsel that you are considering hiring. You should ask how many years of experience the counsel has in defending soldiers, how many contested cases have they tried, and whether they have experience in your type of case. You should also ask the civilian counsel about their plan for providing the best possible defense for you.
Click here for suggested questions you should use to interview a prospective civilian counsel. The answers these questions should provide you with a good feel for whether the civilian counsel you are considering hiring is the right fit for you. Finally, if you are exploring the possibility of hiring a civilian counsel, there are two more things that you should keep in mind.
First, not all civilian attorneys are good at what they do. It could be a problem with fees, with the results, with the burdens of discovery, with the delays, or with the irrationality of the system. Often they blame the lawyer for the problem, but don't know what to do about it. Maybe it's not the lawyer's fault at all -- they just don't know. They also feel that the entire legal system is designed to protect its own -- they don't know who to turn to or what to do. Clients, even large corporations, also feel that if they ask their lawyer questions or doubt their lawyer, the lawyer will retaliate against them.
No matter how sympathetic or irrational the situation may be, there are also times when the lawyer or legal system is not wrong or to be blamed. Sometimes you just need to move along. While every issue is not alike, here are some common ways to address the problems with lawyers we see most often:. If you think you have been a victim of legal malpractice, the normal remedy is a new lawsuit for malpractice.
It is generally not malpractice simply for a lawyer to lose -- the question is usually whether the lawyer was negligent in representing you and it caused you harm. Your first step is to try to locate a lawyer who handles such cases in your area.
Check with local bar referral sources to find a lawyer who handles this type of claim. Helpful links appear below. It is normal for clients to be concerned that the system will protect its own. There are, however, lawyers who will sue lawyers -- just find the right one. Lawyers who prey on their clients will rely on every trick of their trade to avoid liability -- clients seeking to pursue a legal malpractice claim must be prepared for a grueling experience. Even if a lawyer says he or she cannot help you, ask them for a referral to someone who can.
You should not delay -- even a valid claim can be lost simply because you waited too long. Certain types of malpractice can also be an ethics violation, so you can also contact a bar organization. Keep in mind, however, that the bar is looking for evidence of an ethical violation, which is not necessarily the same as malpractice.
Many examples of incompetent, unethical, or unnecessarily expensive legal services are not malpractice -- malpractice is not just a mistake. If you think a lawyer has done something unethical , the normal remedy is to report him or her to the state bar organization, which should have a separate committee or group that investigates and disciplines lawyers. Your complaint normally must be in writing and you must provide enough detail for the bar to identify the lawyer, investigate the complaint, and determine whether it might involve an ethics violation.
As with malpractice claims, there are many situations in which lawyers make mistakes, behave badly, or charge more than you can afford that are not unethical. One advantage of the ethics complaint is that the bar provides the resources to investigate and prosecute the complaint -- the client still have to invest time, but not as much as a malpractice complaint normally entails.