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Resources

10 Questions to Ask When Interviewing an Attorney

Key questions to ask an attorney you are consulting with for potential representation.

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When interviewing an attorney to represent you in your divorce, asking the right questions is key to ensure you find the right fit for your needs and goals. Here are some key questions to consider:

  1. How much family law/divorce experience do you have? Inquire about the attorney's experience in handling divorce cases. Ask how many divorces they have     handled, especially those similar to your situation, and inquire about their success rate in achieving favorable outcomes for their clients.
  2. Do you have a specific area of expertise? Some attorneys have more experience working with particular clients or in particular situations. You will be better able to assess the fit of an attorney if you understand the attorney’s specific expertise.
  3. How do your typically approach a divorce? It is important to understand what process or strategy an attorney will use in your case. You should discuss their stance on negotiation versus litigation, and how they plan to advocate for your interests throughout the process. Ask about the attorney's approach to resolving conflicts and disputes that may arise during the divorce process. Try and understand how they handle disagreements with your spouse or their attorney and how they prioritize amicable resolution whenever possible.
  4. What is your communication style? Clarify how the attorney communicates with clients and how frequently you can expect updates on your case. Ask about their preferred methods of communication, whether it's email, phone calls, or in-person meetings, and ensure they are responsive to your needs.
  5. What are your fees and billing practices? Discuss the attorney's fee structure and billing practices upfront to avoid any surprises later on. Ask about their hourly     rates, retainer fees, and whether they offer alternative billing options such as flat fees or payment plans.
  6. Who will be working on my case? You should make sure you understand the division of labor on your case.  Some attorneys do all the work themselves while others may delegate work to administrative staff, paralegals, or other attorneys. Ask who will be your main contact and how to know who is doing what on your case.
  7. What are the potential outcomes for ______________? You may have particular areas of concern or worry and it would be helpful to obtain an attorney’s view on     an issue.  Seek clarity on the potential outcomes case and the factors that may influence the final settlement. Ask about best and worst-case scenarios based on the specifics of your situation and how the attorney plans to mitigate risks and maximize favorable outcomes. You should understand what the attorney's definition of a favorable outcome is.
  8. Do you have experience with my spouse’s attorney? Communities often have a small number of family law professionals and attorneys may know each other or     have professional experience working on cases. It can be helpful to understand the experience an attorney has with a specific opposing counsel. It can often help a case be more effective and keep costs down if the attorneys have a good working relationship.
  9. Can you provide client references? Request references from past clients who have worked with the attorney on divorce cases. Hearing firsthand accounts of their experiences can provide valuable insights into the attorney's strengths, communication style, and effectiveness in representing clients.
  10. What can I do to help the process be efficient and effective? It may seem unusual to ask a potential attorney what they want from you in the process, but there are often things you can do to help the process go well. Discussing your role in the representation is a good way to get to know the attorney and understand what it would be like to work together. And knowing up front what is expected of you should make the process more efficient and effective.

By asking these questions and engaging in open dialogue with potential attorneys, you can make an informed decision about who to trust with your divorce case. Choosing an attorney who is experienced, communicative, and aligned with your goals will provide you with the support and advocacy you need during this challenging time.

See the downloadable handout on 10 Questions for your Attorney Interview.

Resource

Attorney Introduction

A brief overview of the attorney role and expectations for an attorney in divorce process.

Resource

How to Find an Attorney

Learn the steps to research and find an attorney.

Resource

How to Decide if you Need an Attorney

Learn about the considerations that go into deciding if you need an attorney to represent you in divorce.

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