Pigs at the Trough. Unless you have resolved to settle matters between yourselves—Tim and Edra Blixseth, founders of Yellowstone Club in Montana, split their estimated $2 billion estate before hiring lawyers to execute the deal—each spouse will need a lawyer who will not put his fees above a client’s interests. It is essential that clients become educated consumers during this process.

"Lawyers can be persuasive, and clients are generally vulnerable," says Howard Benjamin, a New York attorney who represents clients in divorce proceedings and fee disputes with their lawyers. A former attorney for the New York Departmental Disciplinary Committee, which investigates and prosecutes lawyers in Manhattan and the Bronx for professional misconduct, he also represents lawyers threatened with disbarment.

Clients commonly switch attorneys when they feel their case is being handled improperly. Likewise, it’s not uncommon for divorce lawyers to jettison their clients. The first attorney Penelope hired told her that her husband was too much trouble. Finding new representation can be complicated by attorneys who refuse to take cases in the midst of proceedings. Clients should be ready to cough up another five-figure retainer simply to bring up to speed an attorney who accepts an in-progress case.

"Shopping for a lawyer is harder than buying a used car," Benjamin says. "A used car you can drive around the block and see if it’s going to fall apart. In an interview, you can’t tell competence from incompetence or laziness." He says another pitfall clients face is that their assets are exposed to the very person who is determining what to charge them. "In what other area of law do clients have to show the value of their home, bank accounts, investments, jewelry and everything they supposedly own?" A divorcing spouse should always talk to previous clients of any attorney they are considering hiring, and avoid relying solely on recommendations from family or friends, a magazine article or a lawyer who does not specialize in divorce.

Watch Your Wallet. Clients should not sign a retainer agreement until an outside expert familiar with matrimonial law reviews it. "Clients may read something like, ‘Billing in 15-minute increments,’ and might not think much of it," Benjamin says. "Do you know how many phone calls aren’t 15 minutes long?" In the event of a fee dispute, some lawyers may reserve the right to have a lien put on a home for outstanding bills, although in some states a client can prohibit this tactic. Some states also give clients the right to written estimates of future costs.

Benjamin says the legal system can intimidate even the most successful business people. Clients must become their own advocates and pay close attention. Billing should be itemized and reviewed in detail every month. "Clients should get explanations for anything they don’t understand or think is inaccurate on a bill," Benjamin says. "A lawyer shouldn’t be billing for time discussing the invoice."

Matters such as the tax ramifications on property sales, maintenance payments and legal fees are often ignored by attorneys on both sides of a divorce. These and other issues must be discussed with other professionals of the client’s choosing. Clients should never rubber-stamp the selection of third-party experts to evaluate assets and child custody issues without independently verifying their bona fides. Be especially wary of attorney-recommended experts who often appear before divorce courts.

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