Interviewing Family Law Attorneys? Key Questions You Will Want to Ask
Jan 22, 2024Hilary Purtell Contributor
I write about family law best practices and divorce in Massachusetts.
Navigating family court can be an emotionally charged and legally complex process. Whether you are facing divorce, child custody disputes, or other family-related legal matters, choosing the right family law attorney is paramount. A skilled and knowledgeable attorney can make a significant difference in the outcome of your case. But how do you know who to hire? Asking around and gathering references is recommended, but relying on word of mouth alone to hire an attorney without properly vetting them first could have a lasting impact on both you and your family.
To make a thoughtful and informed decision, prepare a list of interview questions for your initial consultation with an attorney. Our members have learned much about the legal process over the years and have compiled a list of questions to share with you that they wish they had known to ask before entering into a binding legal contract with their attorney.
Qualifications and Experience
Family law is a specialized field, and you want an attorney who has a solid track record of handling cases similar to yours. Inquire about their years of practice, specific cases they've handled and their success rate in achieving favorable outcomes for their clients. Every family court case is different, and each attorney brings their own skillset to litigation; depending on your specific needs, it may be beneficial to work with an attorney who specializes in the area relevant to your case.
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How long have you been a family law attorney?
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What experience do you have trying family court cases versus other matters?
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Have you had experience with my ex’s attorney and if so, what was the outcome?
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How often do you advocate for the higher earner and/or the party seeking support?
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What are the most recent support guidelines that relate to my case?
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How many cases have you settled versus those that went to trial?
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Have you ever tried a case before my Judge (for cases already docketed) and if so, were you successful?
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In what jurisdictions have you tried cases and what Judges have you practiced before in my jurisdiction?
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Have you ever filed an appeal on a ruling? What was the outcome?
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What is your experience dealing with cases involving addiction, domestic violence/coercive control?
Fees and Billing
Discuss the attorney's fee structure and payment options upfront. Some attorneys charge hourly rates while others work on a flat fee or contingency basis. These questions will set the financial expectations and prevent surprises, especially if your case is complex or drags on.
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Communication and Availability Another important topic for discussion with an attorney is communication. Define your expectations upfront. Find out who you will be communicating with during the process and when to expect an answer. You will need to know how and when the attorney’s staff will be involved in your case. Establishing clear expectations can prevent misunderstandings and frustrations later as the case progresses.
Legal Strategy and Approach Family law firms’ approach to litigation, including discovery, subpoenas, settlement negotiations, hearings and appeals can vary. While attorneys must follow basic procedural rules, most experienced attorneys have developed their own strategy to navigate their way through the system using various methods and tactics to win their cases. Experienced attorneys are skilled at manipulating the process to their desired outcome, often testing the boundaries to see what Judges will allow. Ask questions to learn how the attorney will likely argue your case, and then decide if you are comfortable with his or her approach.
Coercive Control Cases Cases including domestic abuse (violence, emotional abuse, coercive control) are often high conflict. Ask the attorney about their approach to handling high-conflict cases and how they would advocate for you effectively. Coercive control is a serious issue in family law, and it often leads to litigation abuse, another form of control by the ex-partner. It is crucial to choose an attorney who understands this form of abuse and can effectively address it. When hiring a family law attorney to handle your case make sure you feel comfortable with their approach. It could be a very complicated, emotionally charged matter and impact both you and your children.
Third Party Experts It is also very important to ask what other third-party experts the attorney typically uses to support their cases, particularly when there are children involved, such as matters that may require a Parent Coordinator or a GAL (guardian ad litem). In addition to knowing what other fees you may incur, it’s important to have a clear understanding of the expert's role and how their involvement will impact your case.
Expertise and Conflicts If your case involves unique circumstances such as complex property division or international custody disputes, inquire whether the attorney has any specialized expertise or additional qualifications that could be beneficial in your situation. Discuss the attorney's availability to take on your legal matter and their ability to meet the deadlines that will be related to your case. Lastly, confirm whether they have any potential conflicts of interest or other commitments that could impact their availability to represent you effectively. Alternative Dispute Resolution (ADR) In your initial consultation, we suggest you explore whether the attorney is open to alternative dispute resolution methods such as mediation, collaborative law or conciliation. These types of services can often provide a less adversarial and more cost-effective way to resolve family law disputes, and some attorneys encourage these methods while others may not.
Conclusion There may not be enough time to ask every question, but the more ground you cover the better informed your decision will be. Getting sufficient answers before you sign a contract (and yes, always sign a contract!) can not only help prevent future misunderstandings or conflicts, but the information can also serve as a guide to how your case will be settled or presented in court. You will learn a lot about your case during the interview process, including certain legalities and pitfalls that you may not have been aware of. Take notes, or even better, bring a friend or family member with you to take notes for you. It will be a lot to process.
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