What's In It For Free: Are Free Consultations Really Worth It?

We are living in the land of the free in this day and age, more and more than ever. It seems that every provider of goods and services is giving something away for free. There are free samples, free estimates, even a free month’s rent when you sign an apartment lease. Many lawyers are following the consumer driven trend and offering free legal consultations.

Certain areas of the law, such as personal injury, where a lawyer receives a contingency fee (he/she only gets paid if money is recovered for the client), have always gone the way of the free consultation route. Traditionally, divorce lawyers have always charged for initial consultations. One of the main reasons is because, once a divorce attorney meets with one of the parties, the attorney client privilege applies and the attorney cannot represent the other party. Knowing this, some parties embark on a course of lawyer shopping- meeting with all of the top lawyers in the county to prevent their spouse from hiring these attorneys. The other reason is that divorce attorneys are paid by the hour and only for the hours that they work, unlike personal injury lawyers who get a percentage of the recovery in a case. Giving away a free hour of one’s time would not be an effective business practice since, as the saying goes, there are only so many hours in a day.

Despite the economic considerations, some divorce attorneys offer free consultations. But is a free consultation the same as getting free legal advice? Much like the saying “there’s no such thing as a free lunch” it is equally true that there is no such thing as a free consultation. Or, more correctly stated, there is no such thing as free legal advice. Most free consultations are merely attempts to sell the potential client on the particular attorney or law firm. The consultations are kept short, usually 30 minutes or less, because the lawyer is not being paid for his/her time. The client is usually provided with general information concerning divorce and vague promises concerning possible outcomes that may or may not happen. The whole purpose of the “free consultation”, from the lawyers perspective, is not to offer the potential client the free benefit of the lawyers training, experience or advice, but to get the potential client to sign a retainer letter and pay a fee. There is little, if any, advice being offered.

Divorces are complex, especially where finances and children are involved. In order to provide legal advice, a lawyer needs to know the entire picture and needs to help the client determine what is most important to him/her. In cases involving children, long term marriages and/or a significant amount of assets, it would be difficult, if not impossible, to do this in 30 minutes or less.

Divorce is one of the costliest changes in a person’s life. It is natural for someone beginning the process to be concerned about their financial resources. Because divorce is so personal and has a permanent impact on the future, many people prefer to interview at least a couple of attorneys to find out if they feel comfortable with the attorney and whether they feel that he/she will be able to handle their case. A free consultation seems to be a cost effective way to proceed. But, given what is at stake, it might be a more prudent decision to choose a divorce attorney after having the opportunity to discuss your situation and concerns in detail.