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12 Questions to Ask Before Hiring a Family Lawyer in BC

By SiLaw Group Family Lawyers · Published Oct 8, 2024 · Updated · 4 min read

In brief

When it comes to resolving family law matters, finding the right family lawyer can make all the difference. Whether you are dealing with issues of divorce, parenting arrangements, or adoption, having a skilled family lawyer by your side can provide you with the guidance and support you need during a challenging time. However, with so many lawyers to choose from, how do you know which one is the right fit for your case?

Here are the top 12 questions to ask a family lawyer from Surrey, B.C., before making the important decision to retain them:

1. What is Your Experience in Family Law?

It is essential to inquire about the lawyer's experience in handling family law cases. Understanding their background and expertise in this field can give you confidence in their ability to navigate the complexities of your case.

2. How Will You Communicate with Me Throughout the Case?

Clear communication is key in any legal proceeding. Ask the lawyer about their preferred methods of communication and how often you can expect updates on your case. This will ensure that you are always kept informed about the progress of your matter.

3. What is Your Approach to Resolving Family Law Disputes?

Every lawyer has a unique approach to resolving family law disputes. Some may prefer a collaborative approach, while others may opt for a more aggressive strategy. Understanding the lawyer's approach can help you determine if it aligns with your goals and preferences.

4. What Are Your Fees and Billing Practices?

Legal fees are an important consideration when hiring a family lawyer. Inquire about the lawyer's fee structure, including whether they charge an hourly rate or a flat fee. Also, ask about any additional costs you may incur throughout the case. For example, disputes over issues like retroactive child support can involve extra disclosure and court time.

5. Are There Alternative Dispute Resolution Options Available?

In some cases, alternative dispute resolution methods such as mediation or arbitration can be more efficient and cost-effective than going to court. Ask the lawyer if they are open to exploring these options to help you reach a resolution outside of litigation.

6. What is Your Success Rate in Family Law Cases?

While past outcomes are not indicative of future results, it can be helpful to understand the lawyer's success rate in family law cases. Knowing their track record can give you insight into their ability to achieve favorable results for their clients.

7. What Retainer Will I Pay Up Front, and How Is It Replenished?

Most family lawyers ask for a retainer, an amount paid in advance that fees and disbursements are billed against. Ask how much the initial retainer will be, what happens when it runs low, and whether any unused balance is returned at the end of your matter.

8. Who at the Firm Will Actually Work on My File?

The lawyer you meet at a consultation is not always the person who will handle the day-to-day work. Ask whether other lawyers, articling students, or paralegals will work on your file, how their time is billed, and who your main point of contact will be.

9. How Long Does a BC Family Case Typically Take?

No lawyer can promise a timeline, but they should be able to explain what affects it: whether you settle or go to court, the court's schedule, the complexity of your finances, and how cooperative both parties are. Ask for a realistic range for your situation and what you can do to keep things moving.

10. Do You Recommend Provincial Court or Supreme Court for My Situation?

In BC, family law matters can proceed in the Provincial Court or the Supreme Court, and the two courts differ in their procedures, costs, and the types of orders they can make. Ask the lawyer which court fits the issues in your case and why.

11. What Are My Financial Disclosure Obligations?

Full and honest financial disclosure is a cornerstone of BC family law cases. Ask what documents you will need to gather and exchange, and how the lawyer manages disclosure deadlines. Our post on the importance of disclosure in family law matters explains why this step matters so much.

12. Will You Pursue Settlement or Mediation Before Litigation?

Ask whether the lawyer's first instinct is to negotiate, mediate, or litigate, and how they decide when going to court is truly necessary. The answer will tell you a lot about how your case (and your budget) will be managed.

Be Sure in Who you Choose

Retaining the services of a family lawyer is a significant decision that can have a lasting impact on your family's future. By asking the right questions and having open communication with your potential lawyer, you can make an informed choice that best suits your needs.

Remember, choosing a family lawyer is not just about their qualifications and experience. It's also about finding someone you feel comfortable working with and trust to advocate for your best interests. Take the time to ask these important questions, and you'll be on your way to finding the right family lawyer for your case.

If you want to see whether SiLaw Group Family Lawyers is the right fit for you, book a free family law consultation or call our office at (778) 381-9977.


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About SiLaw Group

SiLaw Group Family Lawyers is a Surrey, BC firm practising family law and mediation. Founder Sandy Sihota is an accredited Family Law Mediator, Arbitrator and Parenting Coordinator (Law Society of BC). Articles are legal information, not legal advice.