Adoption Resources : Thinking about Adopting : Attorney Questions

Attorney Questions

As with your selection of an adoption agency, do your homework first. Here are some suggestions and considerations to keep in mind.

1. Has the attorney ever provide adoption services. If so, how many and how recently has (s)he provided this type of legal service. Find out if a court has ever set aside, or found to be invalid, any adoptions as part of which the attorney has provided legal services.
2. Does the attorney have experience with regard to the type of adoption you are contemplating, i.e., an unrelated, domestic adoption, a stepparent or “relative” adoption, a foster care adoption, or an international adoption.
3. Determine the attorney’s familiarity with the Interstate Compact on the Placement of Children (ICPC) and the Indian Child Welfare Act (ICWA). Failure to follow the ICPC or ICWA can result in the dissolution of the adoption.
4. Ask about the adoption fees, costs, and expenses to complete the adoption. Confirm whether the fee is an hourly or flat rate and whether you must pay a retainer. Prior to hiring an attorney, require a written fee agreement that itemizes all associated fees, as well as any costs and expenses, to be borne by you. Make sure the fee agreement states clearly what payment will be required if the adoption cannot be finalized for a reason beyond your control, e.g, if the birthmother changes her mind, and your entitlement to return of the retainer.
5. Contact the state Bar Association to confirm that the attorney is in good standing, whether the attorney has ever been the subject of a substantiated or unsubstantiated complaint filed with the state regulatory body that handles attorney grievances, and whether the attorney has ever been disciplined, including but not limited to a disbarment.
6. Contact the adoption licensing body to ask whether it receives complaints about adoption attorneys and, if so, whether there have been any substantiated or unsubstantiated complaints filed against the attorney.
7. Confirm with the attorney whether (s)he has ever been sued for malpractice and the nature of the misconduct alleged by the client. Ask also whether a court of law has ever found that the attorney has committed malpractice or engaged in other wrongful conduct, such as breach of contract.
8. Ask the lawyer if he or she uses an agency or a social worker for home studies. Again, investigate the credentials of the agency or social worker.
9. Ask the attorney to provide a list of any adoption agencies with which (s)he has a working relationship. Investigate the quality of the listed adoption agencies.
10. Assess the attorney’s personality and work style to decide whether (s)he is right for you.