important questions to ask when retaining a lawyer

^{Ten Questions to Ask Your Potential Lawyer}

1. How long have you practiced law? At a minimum, you'll want to know about the lawyer's expertise and whether the lawyer is a veteran or beginner attorney, for instance. ...
2. What type of cases do you generally handle? What percentage of your practice is devoted to (the practice area in question)? ...
3. Who is your typical client? This is an important, but often-overlooked question. ...
4. How many cases have you represented that were similar to mine? Now is not the time to act shy. ...
5. Other than a law degree, what kind of special training or knowledge do you have that might apply in my situation? ...
What are your attorney fees and costs, and how are they billed? Will a portion or all of my case be handled by paralegals or legal assistants? ...
What is your approach or philosophy to winning or representing a case? This can be important in two ways. ...
Are there others ways for solving my legal problem? Go ahead. ...
How will you let me know what's happening with my case? Communication is key when working with a lawyer. ...
What is the likely outcome in my case?

What questions should I ask my potential lawyer?

Generally speaking, you'll want to have a list of questions in mind to ask during the meeting. Also, you should feel comfortable enough asking questions that relate to the lawyer's expertise, experience, fees, special knowledge, and management of the case. Below are ten questions to ask your potential lawyer.

What questions should I ask my family attorney during a consultation?

While your questions may vary depending on the type of situation you need assistance with, here are the top 10 questions to ask your family attorney during a consultation: 1. What is your level of experience?

What should and should not be doing to help my attorney?

It is quite important to find out what you should and should not be doing to help your attorney. Often you may be able to provide documents and background information. However, your lawyer will usually tell you that you should not speak to witnesses or do any legal work. Learn how you can help, and make sure to follow your counsel’s instructions.

What should I look for when hiring a lawyer?

Getting a lawyer with the right legal background is essential, but it is also important to know whether your attorney has experience with the judges who will likely preside over your case. Three: Have you ever been sanctioned for, or accused of, attorney misconduct?

What are good questions to ask lawyers?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•

What are two questions one should ask of their attorney?

Ask the attorney what experience they have had in similar matters....You should be aware of what will be involved going into the representation.What Communication Will You Have With Me? ... What Will I Be Required To Do? ... What Is This Going To Cost Me? ... How Long Will It Take To Resolve The Matter?

What are the 3 most important skills that you think a lawyer needs?

As you enter your career, there are several skills you'll want to develop as a lawyer, including:Analytical and research skills. ... Attention to detail. ... Organizational skills. ... Time management. ... Persuasive communication. ... Written communication skills. ... Interpersonal skills. ... Technical skills.More items...•

What is the hardest question to ask a lawyer?

12 Tough Questions to Ask a LawyerWhat's your opinion of the probate process?Under what conditions do you recommend a Living Trust?How do I protect my children from abusive relatives if something happens to me?Can I keep my kids from controlling their entire inheritance at 18?More items...•

What you should know before you talk to a lawyer?

10 Things You Should Know Before Contacting a LawyerHave Your Documents Ready. ... Research the Elements of Your Case. ... Don't Call if You Just Have a Question. ... You May Not Speak to a Lawyer Right Away. ... Do Not Ask the Legal Support Staff for Advice. ... Don't Provide Too Much Information. ... Answer the Lawyer's Specific Questions.More items...•

How do I talk to my lawyer for the first time?

Tips for Talking to an AttorneyAlways be as honest and candid as possible about the facts of your case. ... Ask questions if you don't understand something that your attorney mentions or explains to you.Approach an attorney about your case as soon as you think you may need one.More items...•

What makes an effective lawyer?

Here are the top 5 qualities of a good lawyer: responsiveness, analytical skills, good research skills, speaking skills, and listening skills. and understand it on the spot. When a case is in session, curveballs will likely be thrown and they have to be able to interpret and respond to them appropriately.

What characteristics make a good lawyer?

Below are ten traits that are common to the best lawyers in the United States.Passion for the Job. ... Compassion for Clients. ... Great Communication Skills. ... Willingness to Listen. ... Knowledge of the Law. ... Strong Writing Ability. ... Creativity. ... Good Judgment.More items...•

What are the values of a lawyer?

As a member of a profession dedicated to the service of clients, a lawyer should be committed to the values of:Attaining a Level of Competence in One's Own Field of Practice.Maintaining a Level of Competence in One's Own Field of Practice.Representing Clients in a Competent Manner.

How do you know if your lawyer is selling you out?

Unprofessional or unethical behavior can include:Arriving late or failing to show up for important meetings, or missing court dates.Making decisions of importance about your case without discussing it with you first.Missing filing deadlines, filing paperwork incorrectly or filing the wrong paperwork with the court.More items...•

What are good questions to ask a prosecutor?

Interview Questions for Prosecutors:Can you share a time when you persuaded a colleague to accept your point of view? ... What is the toughest case you have worked on? ... What would you do if a superior asked you to file a case but you did not believe beyond a reasonable doubt that the crime was committed by the defendant?More items...

How do I ask my lawyer for an update?

AnswerRaise the issue early on. Establish, in advance, a clear understanding about case updates. ... Be reasonable. A defendant who phones his or her attorney with a request for information can indicate a willingness to speak with the lawyer's associate, secretary, or paralegal.

How To Identify The Qualifications And Approach An Effective Attorney Or Law Firm Before Handing Over Your Hard-Earned Money

Our topic, it’s a brief one. It is Five Things to Ask an Attorney Before Giving a Retainer. I’d say it’s important, especially if you have hard-earned money and you want to hand that over to somebody. First, before you call, there are some things you want to do with the law firm that you think might help you.

What Are The Steps, Filings, Hearings, Motions, And Other Issues That Might Be Needed?

Let’s go to the questions. Question number one, you can ask what the steps, filings, hearings, motions and other issues are that might be needed. There’s rarely a walk-in, walk-out situation. For example, in a criminal case, you could have an arraignment, then information’s exchanged and investigations.

How Might The Case Conclude With The Current Information Evidence Provided?

We’ll move on to question number two. How might the case conclude with the current information evidence that you provided? If you have witnesses, evidence and information, try to get an assessment from the law firm of what might happen.

What Additional Evidence Is Needed To Get A Better Result Or Ruling?

Question number three, what additional evidence is needed to get a better result or ruling? This is critical. A lot of times, you walk in with things that you think are adequate, “This is what I need. I’m ready to go.” The attorney goes, “No, we need some witnesses. We need some camera footage. We need text messages.

Does Your Firm Use An Investigations Team To Support Your Efforts?

Question number four, does your firm use an investigations team to support your efforts? Why is this important? I say a small percentage, maybe half or less, don’t need attorneys for your case, but perhaps more than half will. The reason is there are a lot of things that only investigators can do.

What Are Your Fees And Rates And How Are These To Be Paid?

Question number five. What are your fees and rates and how are these to be paid? You’ve gone through, you’ve shown your information. The attorney says, “Yes, we do that. We’re interested. I’ve got a PI firm that I work with. I’ve got a good staff. This is our expertise. We do this all the time.

What should a lawyer review with their clients before trial?

Every lawyer should review with their clients the possibility of a negotiated resolution prior to trial. In criminal matters, for example, you may be able to get a good plea bargain. In civil cases, your lawyer might propose mediation, a settlement negotiation process involving a neutral third-party.

What is the importance of having a lawyer?

Getting a lawyer with the right legal background is essential, but it is also important to know whether your attorney has experience with the judges who will likely preside over your case. If yours is a criminal matter, it is important to know if your lawyer knows the local prosecutors. This courtroom experience can greatly enhance your lawyer’s ability to evaluate the likely outcomes in your case and give you advice that you can rely on.

How can a lawyer save you money?

Your lawyer can often save you money by delegating routine tasks to firm employees who charge a lower hourly rate. However, your lawyer should be involved in all key aspects and decisions of your case, or should explain to you why a colleague can handle some important part of the matter just as well.

Why is it important to choose the right lawyer?

Choosing the right lawyer is a very important decision—whether you were in a car accident, have a medical malpractice claim, or find yourself the target of a criminal investigation. Referrals from friends or co-workers can be great, but you need to do your homework to make sure you have the right attorney for the job.

How to discuss case strategy?

In discussing case strategy, your lawyer should give you an estimate of how much time it will take to get to a resolution. Keep in mind that your lawyer does not control the pace of the process and cannot make any promises about when it will be over.

What is a conflict in a lawyer?

If the lawyer’s representation of prior or existing clients would limit the attorney’s ability to represent you, there is likely a conflict. For example, if you want to sue a hospital that the potential lawyer regularly represents, there would be a conflict. A conflict might also arise if the attorney you are interviewing has already been hired by ...

How to feel comfortable with an attorney?

You should feel comfortable from the beginning of your attorney-client relationship that you will be able to have regular communications with your counsel. Make sure that you exchange contact information and agree on the ways that you will stay in touch.

1. How long have you practiced law?

At a minimum, you'll want to know about the lawyer's expertise and whether the lawyer is a veteran or beginner attorney, for instance. Your legal issue may very well be handled by someone who is fresh out of law school, (or not). It all depends.

2. What type of cases do you generally handle? What percentage of your practice is devoted to (the practice area in question)?

You'll also want to know about a lawyer's expertise and how much of the attorney's practice is devoted to topic area your legal issue falls within. For example, if you need help with an adoption case, you may wish to seek a family law lawyer who has worked on, well, adoption cases. Click here for a full list of practice area definitions.

3. Who is your typical client?

This is an important, but often-overlooked question. For example, if you are an individual with a particular legal problem, but the attorney your meeting with represents only corporations, this may not be the best lawyer for you. Likewise, you may wish to know the financial background of some of the lawyer's clients.

4. How many cases have you represented that were similar to mine?

Now is not the time to act shy. Feel free to ask about the attorney's track record, such as the number of cases won or settled, for example.

5. Other than a law degree, what kind of special training or knowledge do you have that might apply in my situation?

Some cases, like DUI and patent cases, require specialized training and knowledge for effective representation. Be sure to inquire whether your case fits into that category.

6. What are your attorney fees and costs, and how are they billed? Will a portion or all of my case be handled by paralegals or legal assistants? If so, ask about reduced costs

This step is obviously an important one. You'll want to know whether you can afford the lawyer's services and how you will be required to pay. This is also the time to ask about payment options and how often, and under what circumstances, you will be billed.

7. What is your approach or philosophy to winning or representing a case?

This can be important in two ways. First, if you are seeking an amicable divorce, for example, but the attorney is known to "go for the kill" in divorce cases, the attorney may not be the right one for you.

1. Does your lawyer have trial experience?

Does your lawyer have trial experience? If so, how many trials, bench trials, jury trials, administrative hearings and contested matters of any type has the lawyer handled and what is his or her winning percentage? If the lawyer has little experience or can’t seem to win, do you really want your business in that person’s hands?

2. Ask for a litigation budget

How much will this cost if you settle the case now and how much will it cost during the life of the lawsuit?

3. Ask for a cost-benefit analysis

What is the range of outcomes or exposure and what are the chances that they will happen? What is a likely success and what is the chance you’ll achieve that success? With this information, a budget, and monthly invoicing, you can reduce the financial surprise of litigation.

4. What are the alternatives to a trial?

Discuss the benefits of early mediation, which is a formal settlement process. Discuss the various types of arbitration, which is usually cheaper than a trial and is often quite effective, especially in business-related disputes.

5. Preserve your defenses

Discuss at the outset the defenses of personal jurisdiction and venue. Personal jurisdiction relates to limitations placed on the courts to protect you from being sued in a state where you have not done business. The venue question is similar and requires the court that has the most connection to the case or the parties to preside over the case.

6. Put your insurance carrier on notice

Even if your general liability policy does not cover contract disputes, some provide coverage for claims based on trade secrets, defamation, environmental damage, software, and malware related claims, and other non-negligence type claims. Let the insurance company evaluate whether there is coverage, even if you believe there is none.

7. Put it in writing

Insist on an engagement letter with your litigation counsel, identifying the terms and conditions of the representation, the cost of and the scope of the work to be performed, and how billing will be handled.

Why do lawyers provide free consultations?

Because lawyers often provide a free or low-cost consultation to discuss case details and possible avenues to pursue, you should take that opportunity to ask several questions. They will help you determine not only the merit of your case, but whether that attorney may be the right one for you.

Why is it so expensive to hire a family lawyer?

Because hiring a family attorney can become expensive, especially if the case goes to court, you’ll at least want to determine what your other options may be. Arbitration and other out-of-court arrangements may be made to spare you not only time and expenses, but undue anxiety and other emotional distress.

Why is it important to find out who your typical client is?

It’s also important to find out who their typical client is, because if that attorney deals primarily with corporate clients or clients far beyond your financial means, they may not be used to handling a client like you or your best interests. 3.

What to do if you are embroiled in a family dispute?

If you find yourself embroiled in a family dispute, you should consider seeking legal counsel from an established family attorney. A family attorney can assist with dealing in matters of divorce, legal separation, child custody, child support, paternity, restraining orders, spousal support, premarital agreements, wills and trusts, ...

Do you need to know about divorce?

No matter what your situation is, it’s absolutely vital for you to know as much as you can about your situation. This question will vary for each client, but if you’re entangled in a nasty divorce, you will want to know all there is to know about legalities involving divorce. The same would go for wills and trusts or child custody and alimony payments.

What should an attorney explain to you?

The attorney should explain to you the importance of the attorney - client relationship and the privilege in communications. The attorney should explain to you how and why you should not disclose attorney - client communications to any third parties or your spouse. This is a complex topic.

Why is it important to ask a divorce attorney about their experience?

First, it will test the divorce attorney's knowledge and experience of the divorce process and divorce law. Second, it will educate you on what specifically the attorney can and will do with you to help mitigate the costs. Do not settle for a generic answer.

What can a divorce attorney do for you?

An experienced and knowledgeable divorce attorney will provide you with the tools to communicate better with your spouse. These tools include how to communicate with your spouse, when to communicate with your spouse and how to diffuse conflict.

What happens if an attorney cannot provide references to former clients?

If an attorney cannot provide you with multiple references to former clients, that attorney may not have much success representing clients. The former clients should also be types of cases similar to yours. I am not referring to you going through a divorce and getting a referral to a prior divorce client.

What happens if an attorney does not have a solid command of the law?

If the attorney does not have a solid command of the law on these issues, he or she may lack the experience you need. This is especially true if you expect your divorce to be contested and high conflict. Questions to ask a divorce attorney on the first visit about the divorce process. 1.

How often do attorneys communicate?

The more complex the case, the more the communication will likely take place. A typical case has communication between one to four times per month.

Why do you use "likely" in divorce?

I use the word "likely" because there are facts you may not know and which may surprise you during the divorce.