The most important question to ask before you hire a family law attorney

I’ve spent much of my career in family law and have seen clients frustrated by a gap between the lawyer they thought they hired and the representation they actually received. One question can help you avoid that surprise.

There are many questions to ask a family-law attorney before hiring them. I cover more of them in my guide to choosing a family-law attorney. But this is one I consider especially important:

Unless there is a true emergency, will you personally handle the significant court proceedings in my case?

In my original article, I emphasized appearing personally and in person. The underlying point is accountability: know who will handle your important hearings and whether that person will appear in court or remotely. Discuss those expectations before you sign the engagement agreement.

Understand how the work will be assigned

A firm’s use of associate attorneys is not inherently a problem. Associates can prepare documents, manage parts of discovery, and handle appropriate appearances. Delegating work can benefit a client when the responsibility matches the lawyer’s experience and the arrangement is clear.

For example, a discovery dispute may require a written response and a hearing on whether additional documents must be produced. An associate may be well suited to handle that work. The point is not that discovery is unimportant; it is that you should know how the case will be staffed and why.

For a hearing on custody, support, or another major issue, I believe you should be able to rely on the attorney you selected to take responsibility. If someone else will appear, that should be explained in advance.

If you chose a surgeon for an operation, you would want to know if another doctor would actually perform it. You should have the same clarity about the lawyer handling significant proceedings in your case.