Top 10 Questions to Ask Your Family Lawyer Before Engaging Their Services

When you're dealing with sensitive family issues like divorce or child custody, having the right legal representation is vital. A family lawyer can help navigate the complexities of the legal system, as well as protect your rights and interests. 

 Finding the right family lawyer for your specific needs can be challenging. To make sure you make an informed decision, it's essential to ask the right questions before engaging a lawyer's services. In this blog post, we'll explore the top 10 questions you should ask to help you find the best legal representation for your family law matter.

Question #1: What is your experience handling cases like mine?

Experience matters a great deal when it comes to family law cases. Having a lawyer who has successfully represented clients in situations similar to yours is hugely important.

Don't just ask about years of experience - dig deeper into the specifics. For example, if you're involved with a high-net-worth divorce with a complex asset division, you should have a lawyer who routinely handles substantial marital estate matters.

Additionally, make sure to enquire about their specific knowledge and experience with current Australian family law legislation. 

Asking about their experience level in your particular area of family law, as well as their familiarity with the applicable Australian laws, will give you confidence that they have the skills and knowledge to represent you effectively.

Question #2: What percentage of your practice is devoted to family law?

Following on from our last point, it's equally important to know how much of the lawyer's overall practice is focused specifically on family law matters. You'll ideally want to work with someone whose practice is devoted significantly to this area of the law.

Question #3: How do you approach settlement negotiations versus going to trial?

There are advantages and disadvantages to settling a family law case out of court through negotiation versus taking the matter to trial before a judge. An experienced family lawyer should be highly skilled at both negotiation and litigation.

However, they may have a specific approach that leans more towards one avenue, depending on the circumstances.
Ask about their strategy. Do they make every effort to reach a settlement through skilled negotiation before considering a trial? Or are they more inclined to take an aggressive stance from the start? Make sure their approach aligns with your goals and priorities.

Question #4: How do you handle communication with clients?

Effective and open communication is paramount when working with any lawyer, and it's especially critical in emotional family law cases. You'll want to be kept informed and have your questions answered promptly every step of the way.

A good family lawyer should be:

• > Accessible and responsive, returning calls/emails within a reasonable timeframe
• > A good listener who makes you feel heard
• > Able to explain legal concepts in easy-to-understand terms
• > Upfront about managing expectations
• > Ask specifically about their policies and preferences for client communication. How do they strike a balance between being available when needed while also setting boundaries?

Question #5: What is your fee structure and estimated total costs?

Obtaining legal advice can be expensive; therefore, you'll want to have a full understanding of what you're getting into financially before proceeding.

Ask for a detailed overview of the lawyer's fee structure, whether it's on an hourly rate, or as a fixed  fee,. Enquire about any other potential costs such as filing fees, expert fees, mediation costs etc.

It is worthwhile asking for an estimate of what your total costs could reasonably be from start to finish. This will help set cost expectations moving forward.

Question #6: How long do cases like mine typically take to resolve?

There are ways to resolve any family law matter, either by negotiation, mediation or litigation. A relatively straightforward, uncontested settlement could be finalised by negotiation or mediation within a few months, while a highly contentious litigation battle with numerous complex issues could take several months or even years to resolve.

An experienced family lawyer will be able to provide you with a strategy to best progress your matter and an accurate estimate of how long similar cases generally take to resolve.

Question #7: How many cases are you currently handling?

As family law cases are often time-sensitive, with impactful life decisions hanging in the balance,

It is important to ascertain whether the lawyer you're considering has the time and availability to give your matter the attention and urgency it requires. 

If a lawyer is currently handling an excessive caseload, there's a risk that your case could get overlooked or not receive the dedicated focus it deserves. 

Therefore, prior to engaging with a lawyer, ensure that you have discussed resource allocation and the lawyer’s ability to be able to progress your matter. 

Question #8: Do you have experience with alternative dispute resolution methods?

Family law cases don't always have to go to an adversarial trial to reach a resolution. Methods like negotiation, mediation, or arbitration, can be explored successfully to offer alternative paths that are less costly, faster, and better preserve relationships moving forward.

If you require a lawyer to resolve matters outside of court, ask if the lawyer has direct experience using different alternative dispute resolution (ADR) methods.

Question #9: What's your philosophy on involving other professionals?

Many family law cases can benefit from bringing in other experts and professionals beyond just the lawyers. For example:

• > Mediators to assist the parties in reaching a settlement
• > Family therapists for child custody matters
• > Valuation experts for divorces involving businesses or properties held by the parties
• > Tax professionals to understand the implications of settlements

An open-minded lawyer who sees the value in collaborating with other relevant professionals as needed can give your case a distinct advantage in achieving the best outcome.

Question #10: Why should I hire you over other family lawyers?

This open-ended question allows the lawyer to pitch themselves directly and explain their competitive advantages. Pay attention to how they respond.

Can they highlight specific strengths, accomplishments, and unique values they provide? Do they convey genuine empathy and a client-focused approach? Or do they resort to salesmanship and making lofty promises?

Their answer should resonate with you and give you confidence in their abilities to be the right family lawyer to protect your interests aggressively.

The Importance of Doing Your Due Diligence

As you can see, there are many important areas to cover when vetting prospective family lawyers. Their responses to these questions could also make or break your confidence in their capabilities.

Ultimately, you want a skilled legal advocate who has the right experience, communication style, fee structure, and overall approach that aligns with your needs and objectives. A lawyer-client relationship built on mutual trust and shared understanding is invaluable in these sensitive situations.

It is worthwhile to take the time to ask these questions - and any others specific to your circumstances. 

Looking for the best Family Lawyer in Sydney?

If you're facing a divorce, child custody dispute, or any other family law matter in the Sydney area, our team at Buckley Lawyers is here to help. Matthew Buckley is a trusted family lawyer with significant experience handling a wide range of family law cases.

Our lawyers, led by Matthew Buckley, are not only knowledgeable legal advocates but empathetic counsellors who will take the time to understand your unique situation and goals. We'll fight tirelessly to protect your rights and best interests every step of the way.

Our areas of expertise include property settlements, parenting arrangements, binding financial agreements, and divorce. With a focus on integrity and trust, we aim to minimise costs and achieve the most favourable outcomes for our clients. 
 It is best not to navigate this difficult process alone. Contact us today for a free, no-obligation consultation to discuss your case and see how we can assist you. When family matters, you need the right lawyer on your side.