When you’re selecting a closing attorney for your clients, it’s easy to assume that all attorneys provide the same level of service. After all, a closing is a closing, right? Not quite.
The reality is that there’s a significant difference between an attorney who provides comprehensive legal protection and one who simply processes documents. As real estate professionals, you deserve to know which one you’re working with—and more importantly, so do your clients.
Here are five essential questions that will quickly reveal whether your closing attorney is truly protecting your clients or just going through the motions.
1. Do You Personally Review the Title Commitment AND the Underlying Exception Documents?
This question separates the document processors from the real legal advisors.
Many attorneys will review the title commitment itself—that’s the easy part. But here’s what most don’t do: they don’t pull and actually read the recorded documents behind each exception. Those underlying documents are where the real problems hide: subdivision restrictions that prohibit certain uses, easements that give third parties access to the property, or covenants that restrict what can be built.
If your attorney isn’t reviewing these documents, they’re not giving your client the full picture of what they’re buying.
2. Will You Send a Title Objection Letter If Issues Are Found?
Finding a problem is only half the job—what matters is what happens next.
If there’s an issue with the title, your attorney should be sending a formal objection letter to the title company or seller, then negotiating to get it resolved. Silence equals acceptance. If your attorney isn’t objecting, your client is inheriting whatever problems exist in the title—and those problems don’t disappear at closing.
A good attorney fights for clear title before your client signs on the dotted line.
3. Do You Handle Both Transactions AND Litigation?
Attorneys who only handle transactions might miss what attorneys who litigate see every day: which issues actually lead to lawsuits.
When you work with an attorney who handles both sides—transactional work and litigation—you get someone who knows how disputes unfold in the real world. They recognize red flags that transaction-only attorneys might overlook because they’ve seen those exact issues end up in court. They know how to structure deals to avoid future disputes, not just get to closing day.
Experience in the courtroom makes you better at the closing table.
4. Can You Draft Custom Addendums and Contract Provisions If Needed?
Real estate transactions aren’t one-size-fits-all, and sometimes the standard forms don’t cut it.
Whether it’s addressing a unique financing arrangement, structuring a complex closing timeline, or protecting your client from a specific risk, there are times when custom contract language is necessary. If your closing attorney can’t draft it—or worse, won’t draft it—you’re either stuck with inadequate protection or risking the unauthorized practice of law by trying to write it yourself.
Your attorney should be a resource for solving problems, not just filing forms.
5. What’s Your Approach When You Find a Significant Problem with the Deal?
This is the question that reveals their philosophy.
You want an attorney who will communicate problems clearly and directly, explain all available options, and then work collaboratively to find solutions. What you don’t want is someone who kills deals with unnecessary objections or, on the flip side, ignores real issues just to keep things moving toward closing.
The best attorneys protect your client AND help get the deal done smoothly. Both matter.
The Bottom Line
A good closing attorney is more than a transaction facilitator—they’re a legal advisor who protects your client’s interests while keeping the deal on track. The five questions above will help you identify attorneys who take their fiduciary duty seriously.
When you work with an attorney who does the job right, closings become straightforward, predictable, and—dare I say it—even boring. And boring is exactly what you want when hundreds of thousands (or millions) of dollars are changing hands.