Selecting a Domestic Attorney
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By Marcia K. Thompson, Esq. – Resolving Conflict Institute, LLC
Published: February 01, 2006 |
Preparing yourself for any domestic relations or family legal matter is a very daunting task. Finding a lawyer that will help you through that process may be just as daunting. This brief article is meant to assist you in finding an attorney that fits your needs and provides you with quality legal representation.
Let’s start by understanding that no attorney can guarantee the absolute success of a case in court or otherwise; but having an attorney that makes you feel comfortable will make the process better for all involved. Some of the most basic things you should consider when selecting an attorney are areas of practice, experience in the jurisdiction, number of cases handled, and the lawyer’s philosophy.
Areas of practice:
One of the first things you want to do is determine the type of lawyer you want and/or need. Do you want a lawyer that has only domestic relations experience or do you need a lawyer that has a more diverse practice? This of course depends on what legal matters you need addressed in your particular case.
Example: If you have a divorce matter and there are allegations of spousal abuse and you need advice on a protective order and/or domestic assault, you may want to consider a lawyer that has both criminal and domestic relations experience. Many domestic relations lawyers are familiar with related legal matters, but if you are not sure, ask.
Experience in the jurisdiction:
Finding an attorney that regularly practices in the jurisdiction where your case will be filed is an important factor to consider. Many lawyers in Northern Virginia practice in a variety of courts, but some have very local practices. So asking questions about where they regularly appear should be at the top of your list.
This is an important factor because it often makes a world of difference in moving your case through the court in a procedurally efficient manner. An attorney that is familiar with the court procedures and local rules will likely have an easier time navigating the court than a less experienced attorney. Most jurisdictions have nuances that are particular to that court, and if an attorney often appears in that court it is more likely that he or she will be familiar with those local rules.
Cases and legal issues handled:
Another very important factor to consider is how many cases the lawyer has handled. An important distinction to understand is that the number of years of practice does not equate to the actual number of cases an attorney may have handled. So you should be very specific and deliberate when asking about an attorney’s experience handling your particular type of legal issues.
Example: How many contested divorces were handled, how many cases were handled that involve cultural or religious nuances, how many cases were handled with issues involving spousal abuse and/or substance abuse, how many custody matters were handled, how many cases were handled with allegations of hidden assets, how many cases were handled involving division of business assets?
Legal philosophy:
Another factor to consider is the philosophy of the attorney with whom you’ll be working. This is important for your comfort and sense of accomplishment throughout the entire process. If you are in a very volatile and contested divorce, what type of lawyer do you want on your side? If you are in a very amicable and uncontested divorce matter, what would you be looking for in an attorney? Do you want a lawyer that practices and believes in collaborative law, or an attorney that only offers traditional litigation?
Most domestic relations attorneys are litigators by choice and/or out of necessity. However, many attorneys have different approaches to their craft and you would be better served if you know which type of philosophy your lawyer has before you decide to engage that attorney to assist you through a legal journey.
In the end, this is your family and your future. So to that end, you want to select a lawyer that will best help you through this very stressful and emotional process. Hopefully, some of these hints will help you to make the best choice you can.

