Choosing your advocate

Things to Ask an Attorney in a Family Law Case Before Hiring Them

When facing a divorce or custody action, the emotional and legal stakes are high. Choosing the right attorney is crucial to ensuring that your case is handled with the care, knowledge, and expertise it deserves. But with so many professionals to choose from, how do you decide who is the best fit for your needs? Here’s a list of important questions to ask before hiring a legal expert to handle your custody or divorce case.

1. What is Your Experience with Cases Like Mine?

Experience matters. Divorce and custody cases can vary greatly depending on the circumstances, whether there are complex financial elements involved, or if you’re dealing with issues like domestic violence, substance abuse, or interstate custody. Ask the expert about their specific experience handling cases similar to yours. For example:

• How many years have they practiced family law?

• Have they dealt with custody battles in cases similar to yours?

• Do they have experience in high-conflict or complex divorce situations?

Knowing they have relevant experience can give you confidence that they’ll understand your case and can navigate the legal complexities that may arise.

2. What is Your Approach to Resolving Custody or Divorce Cases?

The way an attorney approaches a case can significantly affect its outcome. Ask them about their strategy for handling divorce or custody disputes. Some attorneys are more focused on mediation or collaborative divorce, while others may advocate strongly for litigation. Consider:

• Do they prefer a collaborative approach, or are they ready to go to court if necessary?

• Will they prioritize amicable solutions for custody arrangements, or do they lean toward aggressive tactics?

• What is their success rate with settlements versus trial outcomes?

Your case might require a specific approach, so understanding their general approach can help ensure you're on the same page.

3. What Will the Process Look Like from Start to Finish?

Divorce and custody cases can take months or even years to resolve. It’s important to understand the entire process from the initial consultation to final resolution. Ask the attorney to walk you through each stage of the case:

• What steps will be taken in your case?

• How long do they expect each stage to take?

• What are the potential roadblocks or delays that could arise?

Having a clear understanding of the process will help manage your expectations and reduce the uncertainty that can come with the legal system.

4. What Are Your Fees and How Are They Structured?

Legal fees can add up quickly, so it’s crucial to get clarity on costs before hiring an attorney. Ask them about:

• How they charge (hourly rate, flat fee, retainer, etc.)

• What the estimated cost for your case might be

• Whether they offer payment plans

• If there are any additional costs (court fees, expert witnesses, etc.)

It’s essential to have transparency about pricing upfront to avoid surprises down the line.

“The complexity of a case and the frequency of communication significantly increase the cost of legal representation. Full disclosure during the consultation will help your attorney give you a better idea about costs.”

-Amanda Lotspeich

5. How Will You Communicate with Me Throughout the Case?

Communication is key during a legal case, especially when emotions are running high. You’ll want to work with someone who will keep you informed and be responsive to your concerns. Ask the expert about their communication style:

• How often will they update you on the progress of your case?

• What is the best way to contact them if you have questions or concerns?

• How quickly do they usually respond to emails, phone calls, or messages?

Clear, regular communication can help you feel supported and confident throughout the process.

It’s important to keep in mind that if your attorney charges an hourly rate, the more communication you desire, the higher the overall cost of your case. If you know that you will likely require frequent communication (i.e. every week), you need to communicate this during the initial consultation so the attorney can accurately quote you a retainer deposit.

6. What Are the Risks and Possible Outcomes?

While no one can predict the exact outcome of a custody or divorce case, a seasoned attorney should be able to explain potential risks and likely outcomes based on the specifics of your situation. Ask them about:

• The strengths and weaknesses of your case

• Any potential risks or challenges you may face

• What possible outcomes you could expect in both best- and worst-case scenarios

Understanding the range of possible outcomes helps you prepare for what lies ahead.

7. How Will We Work Together as a Team?

Finally, ask how you can work together to achieve the best outcome. Successful cases often depend on cooperation between the client and the attorney. You want someone who will make you feel like an active participant in your case. Ask:

• What role do you expect me to play during the case?

• How can we collaborate most effectively throughout the process?

• Will you involve me in key decisions, or will you make those on my behalf?

Working as a team helps ensure that everyone is aligned and focused on achieving the desired outcome.

Conclusion

Choosing the right attorney for your divorce or custody case is a big decision, and asking the right questions can make all the difference. By inquiring about their experience, approach, communication, fees, and more, you can make an informed choice about who to hire for your case. Remember, you deserve an attorney who will listen to your concerns, advocate for your best interests, and guide you through the legal process with confidence and empathy.