10 Must-Ask Brutal Questions to Expose Your Family Solicitor Before It's Too Late
The First Call with a Family Lawyer
Any reputable solicitor should be willing to spare 10 minutes for an initial discussion. This conversation can help you gauge their knowledge, experience, and personality to determine if they might be a good fit for your needs.
Understanding whether the solicitor works within a specialised family law firm will also provide insights into their expertise and the resources available to handle your case.
During this time:
Spend about 5 minutes introducing yourself and explaining your situation. Avoid getting too emotional or going too deep into details; otherwise, you may not have enough time to ask important questions about the solicitor, such as:
Their experience with cases similar to yours.
Their charging rates and billing structure.
Who at the firm is likely to represent you?
Once you’ve had a few 10-minute calls and know your solicitor options, you can proceed with a formal 45-minute or hour-long consultation. Be sure to prepare all relevant documents and materials in advance and follow the guide below to learn how to present yourself effectively and what questions to ask, ensuring that you make a solicitor choice you won’t regret.
I. Understanding the Legal Team
Knowing the specific family lawyer and team who will handle your case ensures you’re aware of the expertise dedicated to your divorce and the continuity of service.
Key Questions to a Divorce Solicitor:
“Who are the specific divorce lawyers that will be working on my case, and what is their experience?”
“Who will handle my case when the main lawyer is on holiday or unavailable?”
“Do you have juniors who will help with administrative tasks at a lower hourly rate?”
Potential consequences of not asking:
Your case might be handed off to inexperienced junior lawyers without your knowledge, potentially leading to crucial mistakes in strategy or documentation related to family law issues.
During critical moments, you might deal with someone unfamiliar with your case, causing delays or missteps.
You could end up paying high rates for routine tasks that could be handled more cost-effectively by junior staff.
II. Case Strategy and Approach
This is the most crucial aspect to address during a consultation, as a good divorce lawyer will spend time developing a tailored plan for your specific case. Sometimes, lawyers will spend more time highlighting their past experiences and achievements, than discussing your specific situation. You should aim to spend at least half of the formal consultation on developing a case roadmap. Treat this initial meeting like a job interview for the lawyer—you are considering them for a role in handling your case.
Key Questions to a Divorce Solicitor:
"Can you provide a written plan outlining the strategy for my case, including a timeline?"
"What legal routes do you recommend for my situation (contested or uncontested divorce or alternative routes)?"
For uncontested divorces:
"How long will the uncontested divorce process take?"
"What are your fees for an uncontested divorce? Do you offer fixed-fee packages?"
"How will we handle child custody, division of assets and financial settlements?"
"What steps are involved in the no-fault divorce process, and can we pursue this option?"
"How can we ensure the divorce agreement protects my interests?"
For contested divorces:
"How long might a contested divorce take, and what factors could affect the timeline?"
"What are the potential grounds for contesting a divorce in my situation?"
"What would be our strategy to minimise conflict overall and reduce the emotional impact on the children?" (if you have children)
"How will child custody and maintenance be determined?"
"What are the potential outcomes if we cannot reach an agreement and must go to court?"
"How do you handle complex assets or business valuations in a contested divorce?" (If you have a business)
Potential consequences of not asking:
You may leave the consultation without a clear understanding of the next steps, leaving you without peace of mind.
It will be challenging to decide if you want to work with that solicitor if you don't understand whether their approach aligns with your goals.
A lack of understanding about the divorce type and the solicitor's experience with similar cases could lead to unrealistic expectations about timelines and outcomes, resulting in frustration.
In contested divorces, failing to discuss strategies for minimising conflict could lead to an unnecessarily prolonged, emotionally draining, and expensive process.
For complex asset cases, not addressing valuation methods early on could result in an unfair distribution of property.
III. Communication Strategy
Effective communication with your family solicitor is the backbone of a smooth divorce process. It’s crucial to establish clear expectations about how and when you can reach your solicitor. Knowing the specific channels they’ll use—whether it’s email, phone, or an app—and the hours they’re available will help you stay informed and reduce stress.
Key Questions to a Divorce Solicitor:
"How will you communicate with me (app, email, phone)?"
"How often will update me on the case and its status?"
"What's your typical response time, especially for urgent matters?"
"How will you handle communication with my spouse or their solicitor?"
Potential consequences of not asking:
Communication might be handled across different channels, making it difficult to track what is happening and to refer back to previous discussions, especially in complex cases and if multiple team members of the law firm are involved.
You can be unexpectedly billed for the work that you were not aware of, adding financial stress to an already difficult process.
Miscommunication between you and the solicitor could lead to misunderstandings about settlement terms, potentially resulting in outcomes you did not want.
You might miss critical deadlines or opportunities to respond to your spouse's actions, weakening your position in negotiations or court proceedings.