Navigating family court is tough. Choosing the right attorney is key to protecting yourself in divorce, custody, and other family-related legal issues. The right lawyer can make the difference between a manageable process and an overwhelming one.
You’re hiring someone to fight for you, so don’t be afraid to ask detailed questions during your consultation. Properly vetting an attorney before signing a contract will save you from future headaches. Here’s a broad overview of the questions to ask.
*This list is not comprehensive and is not legal advice. But it will get you headed in the right direction!*
Experience and expertise
You want someone who specializes in family law and has experience with cases like yours, IE custody cases, uncontested divorce, high conflict, complex assets, domestic violence issues. Ask as many questions as you need to in order to figure this out.
- How long have you been practicing family law?
- What percentage of your practice/caseload is dedicated to divorce cases?
- Have you handled cases like mine? What were the outcomes?
- Do you know the court system and judges in my area?
- Have you worked with my ex’s attorney before?
- Are you familiar with the state and local laws that govern my divorce?
- Do you have the time and interest in taking my case at this time?
- Can I have references and/or reviews from past clients?
Strategy and approach
You need to trust you lawyer’s approach, style, and expertise in order to build a good relationship. If you want vengeance, make sure you hire a shark. If you want to settle things around a conference table quickly and peacefully, find one skilled in mediation or collaborative divorce.
- How do you usually handle cases like mine? What is your overall strategy?
- What are the main legal issues you see in my case? Are there other complex issues I should be prepared to address?
- Do you prioritize collaborating or litigating?
- Even if we prefer mediation, are you capable and comfortable going to trial if needed?
- How do you deal with high conflict or coercive-control situations? Domestic violence?
- Do you anticipate contested issues? If so, how will we solve this?
- Are you comfortable working with other professionals, such as divorce coaches, therapists, certified divorce financial analysts etc? Do you embrace this type of collaboration or endure it?
- Do you have your own network of professionals to tap into?
Fees and billing
Setting expectations and understanding costs upfront is key! You’ll feel more confident knowing what to expect, and more at peace knowing you won’t be hit with financial surprises.
- What is your hourly rate? Do you offer flat fees?
- Do you require a retainer?
- Will there be additional fees, like filing fees or court costs?
- How do you structure your billing?(IE per email, per call, per period of time.) What is the minimum billing time?
- Do you offer payment plans? How often will I be invoiced?
- Do you offer discounted rates when other professionals on your team do work on my case?
- What is the average cost for a case like mine? Is there anything I can do to lower the cost?
- How often will I be billed? How do I pay? (IE can I use a credit card? cash, check, Venmo?
Communication and availability
One of the most frustrating situations during a divorce is feeling like your lawyer is impossible to reach—endless phone tag, missed messages, and constantly feeling out of sync. It can leave you feeling unsupported right when you need guidance the most. Good attorneys are responsive and keep you informed.
- How will be communicating regularly? IE via phone, email, text, app?
- How quickly can I expect responses from you? What do I do if I believe I need an immediate answer to something?
- Who will handle my case – you or members of your team?
- Will I have a role in communicating with my ex-spouse’s lawyer or team?
- What is the best way for me to ask questions? IE. Should I send emails as I think of questions, or should I bundle my questions and communicate only once per day or week?
- How do you handle confidentiality?
Set yourself up for success
✅ Know your goals. Focus on what you want, what you need, and where you are (honestly.)
✅ Do your homework. Educate yourself with us! Check out Find a Professional. Ask your friends and family for recommendations. Interview a few attorneys (= book a free consult at minimum) and compare expertise, style, and fit.
✅ Read the fine print. Carefully review the retainer agreement. Watch for hidden fees, withdrawal clauses, repayment terms, or anything else that doesn’t look right to you.
✅ Read💡 4 Tips To Crush Your Consultation 💡 which supports YOU in making sure that YOU are prepared.
The attorney you choose will be your partner in navigating one of the most challenging periods of your life. They should educate, communicate openly, and advocate fiercely for you. Trust your instincts and don’t settle for less than someone who’s as invested in your case as you are.
You’ve got this—and with the right attorney by your side, you’ll feel empowered to tackle whatever comes your way💫💪