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Choosing a Solicitor

Red Flags to Watch For When Choosing a Divorce Solicitor

The right solicitor can make a hard process bearable; the wrong one can make it worse and more expensive. Here are the warning signs worth taking seriously.

Choosing a Solicitor June 2026 6 min read

Most family law solicitors in Scotland are conscientious professionals doing difficult work well. But the relationship you have with your solicitor will shape your entire experience of separation, and not every firm is the right fit for every person. Knowing the warning signs helps you avoid a poor match — and, occasionally, a genuinely bad one.

1. They guarantee you a particular outcome

No honest solicitor can promise you will “win,” secure a specific financial result, or be guaranteed residence of your children. Family law outcomes depend on the facts, the law, and often the discretion of the court. A solicitor who guarantees results is either overpromising to win your business or does not understand the uncertainty involved. A trustworthy solicitor gives you a realistic range of likely outcomes, including the risks.

2. They are vague or evasive about costs

You are entitled to a clear explanation of how you will be charged. Watch for reluctance to discuss fees, an inability to give any cost estimate, or unclear answers about hourly rates and outlays. Transparency about cost at the outset is a basic professional courtesy and a sign of a well-run firm. Its absence often predicts unpleasant surprises on the bill.

3. Poor communication from the very start

If a firm is slow to respond, hard to reach, or vague before you have even instructed them — when they are, in theory, trying to win your business — that rarely improves once you are a client. Poor communication is the single most common complaint about solicitors. Notice how promptly and clearly a firm deals with you at the enquiry stage.

4. They push you toward conflict

Be cautious of a solicitor who is eager to “go to war,” escalates matters unnecessarily, or dismisses mediation or negotiation out of hand. Aggression is occasionally necessary — for example where there is abuse or a party who will not engage — but as a default approach it tends to increase cost, delay, and bitterness, particularly damaging where children are involved. A good solicitor matches the strategy to the situation rather than reaching for confrontation automatically.

5. No relevant specialism or experience

A solicitor who handles family law only occasionally may miss things that a specialist would catch. A lack of relevant family law experience, or an inability to answer straightforward questions about your situation, is a reason to look elsewhere. Consider whether the firm has accredited family law specialists.

6. They do not listen

Your solicitor needs to understand your priorities — whether that is protecting your relationship with your children, achieving a clean financial break, or resolving things quickly and amicably. A solicitor who talks over you, imposes their own agenda, or does not seem to grasp what matters to you will be hard to work with at a time when you need to feel heard.

7. Pressure to make quick decisions

Beware of being rushed into instructing a firm, signing documents you have not read, or making significant decisions before you are ready. A reputable solicitor gives you the information and time to decide, and respects that these are major choices with lasting consequences.

The bottom line: walk away from guaranteed outcomes, vague costs, poor communication, knee-jerk aggression, thin experience, an unwillingness to listen, or pressure to decide quickly. The right solicitor is transparent, communicative, appropriately strategic, and genuinely interested in what you want to achieve.

If something does not feel right, you are always free to seek a second opinion or choose a different firm — see our guide on switching solicitors mid-case. Our city guides can help you find alternatives.

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Disclaimer: This article is general information about the law in Scotland and is not legal advice. It may not reflect the most recent changes in the law. Always consult a qualified solicitor about your own circumstances.

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