What Questions to Ask When Choosing an Attorney
In family law cases, the stakes are high and the details matter. Choosing the right family law attorney isn’t just a box to check—it’s a decision that can shape the outcome of your case and your future. Whether you’re navigating a divorce, custody battle, or estate planning, selecting the right attorney is essential.
A skilled family law attorney brings clarity, helps you navigate legal complexities, and advocates for your best interests. On the other hand, choosing the wrong one can result in delays, miscommunication, and outcomes that may not fully protect your rights or reflect what’s fair.
In this guide, we’ll walk through key questions to ask during an initial consultation to help you find a family lawyer who is the right fit for your needs.
The Benefits of Choosing the Right Family Law Attorney
Having experienced family attorneys in your corner can mean the difference between feeling lost in the system and confidently moving forward with clarity and strength.
Here are some key benefits of choosing the right family law attorney:
- Strategic guidance when emotions run high: A seasoned family law attorney keeps the focus on long-term goals, not short-term reactions.
- Clear communication and transparency: You’ll always know where your case stands, what’s coming next, and what your options are.
- Courtroom confidence: Preparation and familiarity with local judges and rules can influence outcomes in meaningful ways.
- Efficient case management: With the right team structure—attorney and paralegal—your case progresses without unnecessary delays.
- Protection of what matters most: Whether it’s your children, your assets, or your peace of mind, the right legal counsel ensures nothing is left to chance.
Questions for Attorneys: 15 Essential Questions to Ask When Choosing a Family Law Attorney
Your attorney will play a critical role in shaping your future. You’ll be making significant decisions based on their advice, which is why it’s crucial to ask the right questions upfront.
Here are 15 questions that every client should ask when vetting a family law attorney:
1. Are you board-certified in family law?
This should be your first question. In Texas, board certification in family law means the attorney has undergone a rigorous process, including extensive testing, peer evaluations, continuing legal education, and a demonstrated track record of excellence in the courtroom.
At Johnson McNulty, we believe clients deserve more than competence—they deserve mastery. Board certification is one of many ways we ensure you’re supported by someone who not only understands the law but also knows how to apply it when everything is on the line.
2. What percentage of your caseload is dedicated to family law?
If it’s less than 85%, keep looking. Family law is not simple. It’s complex, emotional, and constantly evolving.
Civil litigators may be excellent in their field, but when a family case starts to unravel, general experience won’t be enough. You need someone who’s been through the storm—who knows where the pitfalls lie and how to steer clear of them.
3. How long have you been practicing family law?
Experience matters—especially in family law, where legal strategy intersects with complex emotional and financial issues. A seasoned attorney will have seen a wide range of scenarios and know how to respond when things don’t go as planned.
As a general benchmark, look for someone with at least 7+ years of focused experience in family law. This level of experience typically reflects not just time in practice, but depth of knowledge gained through handling custody disputes, property division, enforcement actions, and courtroom litigation.
4. How do you bill your clients?
Understanding how an attorney bills is crucial to managing the costs of your legal representation. One of the most important questions to ask is whether they bill in tenth-of-an-hour increments or quarter-hour increments.
Most law firms use quarter-hour billing (15-minute increments), but smaller increments—such as tenth-of-an-hour (6-minute increments)—can provide a more accurate reflection of the time spent on your case.
Smaller billing increments mean that you’re charged closer to the precise amount of time the attorney spends on your case, not rounded up to the nearest quarter hour. It may also help reduce overall costs, especially in cases that require frequent but brief communications or tasks.
5. Do you send detailed monthly invoices?
Transparency in billing isn’t just good practice—it’s essential. A detailed monthly invoice gives you a clear picture of the work being done on your behalf and how your resources are being used.
Ask whether you’ll receive monthly statements and what level of detail they include. You should expect your attorney to provide billing that is not only accurate but also easy to understand: breaking down the time spent, the tasks performed, and who performed them.
6. What is your communication protocol with clients?
You should never feel like you’re left in the dark or wondering about the status of your case. A strong communication protocol is not just a courtesy—it’s a critical part of effective legal representation.
A good family law attorney will ensure you’re always informed, providing regular updates and being accessible when you have questions. They will establish a clear plan for how and when you’ll receive important information.
7. How do you typically communicate—email, phone, client portal?
As a follow-up to the previous point, communication style is more than just a method—it’s a foundation for the entire attorney-client relationship.
It’s essential that you choose an attorney whose communication style aligns with your needs. Whether you prefer email, phone calls, or a secure client portal, your attorney should have a system in place to ensure you’re always in the loop.
8. How well do you know the judges and local rules in my county?
Every county has its own procedures, filing requirements, and courtroom expectations. What works in one jurisdiction may fall flat in another, so choosing an attorney who understands the local landscape isn’t just helpful—it’s critical.
An attorney familiar with your county’s judges and courtroom protocols will know how to tailor arguments, anticipate questions, and avoid procedural missteps that could delay or complicate your case. They’ll understand how certain judges tend to rule on issues like custody, property division, or enforcement—and how to strategically prepare for those tendencies.
9. Do you know the opposing counsel?
In family law, the relationship between attorneys can significantly influence the tone and outcome of the case.
If your attorney knows the opposing counsel—and has a history of mutual respect and professionalism—it can lead to more efficient communication, less unnecessary conflict, and more productive negotiations.
These working relationships often make it easier to resolve issues outside of court, which can help avoid lengthy litigation, reduce legal costs, and spare you additional emotional strain.
10. What is your strategy for my case?
This question gets to the heart of what you’re really hiring an attorney for: judgment, foresight, and a plan. A strong attorney should be able to articulate an initial approach tailored to your specific goals and challenges.
Asking about strategy is also a way to evaluate how well the attorney understands your case and how seriously they take your concerns. Look for someone who speaks with confidence, flexibility, and focus—someone who isn’t just thinking about the next move, but the endgame.
11. Do you rehearse with your clients before hearings or trials?
Preparation is key to achieving the best possible outcome in family law cases. Effective rehearsals help ensure that clients are fully prepared for the challenges of a hearing or trial.
Ideally, your legal team should create detailed scripts for each client, rehearsing every statement and argument, and ensuring each piece of evidence is seamlessly linked to its corresponding exhibit.
This level of preparation allows clients to approach the courtroom with clarity and confidence. When a case is well-prepared, it significantly increases the likelihood of presenting a strong, compelling argument in the courtroom.
12. How do you manage deadlines and court dates?
In family law, missing a deadline or court appearance can have serious consequences. That’s why it’s important to ask how your attorney manages the logistics of your case behind the scenes.
Ask whether they use a dedicated project management system to track filings, court dates, and response deadlines. Well-organized attorneys typically rely on structured internal processes—such as case management software, calendaring systems, and regular team check-ins—to keep everything on schedule.
13. Do you have a dedicated paralegal assigned to my case?
As a follow-up to the previous point, it’s worth asking whether your case will have a dedicated paralegal. A strong support team is a key part of effective case management—and a skilled paralegal can make a significant difference in how efficiently and smoothly your case moves forward.
Paralegals handle much of the drafting, document organization, and communication logistics, which allows your attorney to focus more fully on legal strategy, court preparation, and negotiation. They act as a second set of hands and ears during meetings or calls, helping to ensure nothing falls through the cracks.
14. What is your approach to settlement vs. litigation?
Not every family law case needs to end up in court. Many are resolved through skilled negotiation or mediation. But when litigation is necessary, you need an attorney who can shift from skilled negotiator to strong courtroom advocate without hesitation.
Ask your attorney how they balance these two approaches. Do they start with a mindset of resolution, but prepare if the case will go to trial? Are they proactive about identifying opportunities for settlement without compromising your core interests?
You’ll be making high-impact decisions based on their advice. Their judgment on when to push forward, when to compromise, and when to stand firm will shape the outcome of your case.
15. Will you tell me the hard truths—even when I don’t want to hear them?
Effective legal guidance requires honesty. You deserve an attorney who will be upfront with you about the strengths and weaknesses of your case, even when the information is difficult.
Family law decisions carry long-term consequences. That’s why it’s important to work with someone who can provide a realistic assessment, help you manage expectations, and guide you toward sound, informed choices—not just agreeable ones.
Final Thoughts: How to Choose an Attorney for Your Family Law Case
Selecting the right attorney is one of the first and most important decisions you will make during a family law case. By asking thoughtful questions and understanding their approach, you can ensure that the attorney you choose is well-equipped to protect your interests.
If you’re ready to take the next step and discuss your situation with a team of experienced and board-certified family law attorneys, Johnson McNulty is here to help.
With our deep specialization in family law, we are committed to navigating you through every stage of your case with clear, expert advice and a focus on achieving the best possible outcome for you and your family.
Contact us today to schedule a consultation.