questions to ask when choosing an appeals lawyer

by Marquis Casper 8 min read

  1. What experience do you have handling projects and companies like mine? ...
  2. Are there any conflicts of interest that I should be aware of? ...
  3. What strategy do you have in mind? This one is straightforward. ...
  4. What will this cost me? While most attorneys will quote you an hourly rate or a fixed fee upfront, it’s important that you understand what this quote does and ...
  5. How much time will this take? Subscribe to the UpCounsel Blog Although unexpected challenges sometimes arise and cause deadlines to be pushed back, attorneys should be able to give ...
  6. What mode of communication do you prefer? Clear, timely communication between attorneys and clients is essential, and it’s important to hire an attorney whose communication style is compatible with ...
  7. How do you envision our professional relationship? If you’re searching for an attorney with who can serve as a trusted advisor in the long term whereas the attorney is ...
  8. What’s a challenge that you’ve faced when working with a client and how did you resolve it? If this question sounds familiar, that’s probably because it is. ...
  9. What about this legal area usually confuses your clients the most? ...
  10. When was the last time you said “no” to a client? ...
  11. Who is your favorite fictional lawyer? This question may be unorthodox, but an attorney’s answer is actually a great indicator of how they see themselves and their role. ...
  12. Is it more important to maximize revenue or minimize risk?

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.

How to choose the right lawyer for your case?

A lawyer who has the right background can often save you time and money, all the while getting the best result possible. And don’t take a simple “Yes” for a sufficient answer. Ask follow-up questions, such as where and when any similar cases went to trial and their results, to ensure the attorney really knows the subject matter.

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?

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What are the 4 most common reasons for appeal?

Grounds for AppealLegal error.Juror misconduct.Ineffective assistance of counsel.

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 3 questions you should ask a lawyer before hiring?

Below are ten questions to ask your potential lawyer.How long have you practiced law? ... What type of cases do you generally handle? ... Who is your typical client? ... How many cases have you represented that were similar to mine?More items...•

Which factor should you consider when choosing a lawyer?

The cost of hiring an attorney can range widely depending on a variety of factors, such as their level of expertise, years of practice, and record of success. When choosing a lawyer, ask for a quote to know whether you can afford his or her services. Also, inquire how the attorney bills their clients.

What do you say when talking to a lawyer?

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...•

How do I prepare for an attorney interview?

If you are interviewing virtually, all of these tips apply.Do your research. Lawyers are known for being good researchers. ... Be presentable and dress your best. ... Come prepared to ask questions. ... Be personable and show enthusiasm. ... Be genuine. ... Promptly send a thank-you note.

What questions should I ask my lawyer mentor?

Questions to Ask Your Mentor How is what I am learning in school different from what it will be like practicing? How did you become a [insert practice area] attorney? What is a typical work day like for you? What types of cases/projects are you currently working on?

How do you answer a lawyer question?

Give positive, definite answers when at all possible. Avoid saying, “I think”, “I believe”, or “In my opinion” if you can answer positively. If you do know, then say so. You can be positive about important things which you would naturally remember.

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

Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.

What's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

What should I look for when hiring a law firm?

5 Things to Consider When Hiring an AttorneyKnowledge. The first and most important factor to consider is a lawyer's knowledge. ... Character. Hiring a newbie or someone with a record of professional misconduct is going to cause more damage to your case. ... Client Reviews. ... Experience. ... Fees.

Does your lawyer have to be local?

In all honesty, in 95% of the cases, the location of the attorney doesn't matter. We don't live in the 1800's anymore where people had to hire an in town attorney, as there were no other options. In today's legal market, it's the lawyer that matters, not where they are.

Is it important to know the financial background of a lawyer?

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. This is because there may be different issues a lawyer is used to factoring when working with high net-worth individuals vs. college students.

Is it important to have an aggressive attorney for divorce?

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. Similarly, if you're looking for an aggressive attorney to handle an upcoming corporate merger, for example, you'll want someone who isn't afraid to push the envelope, so to speak.

What is an attorney who can answer this question well?

An attorney who can answer this question well is an attorney who is attuned not only to the legal challenges at hand, but also to the way clients think about them. They’ve also likely worked with clients like you. They’ll be able to provide context upfront that answers your questions before you find yourself confused by a complex legal issue or legal language.

Why is it important to ask questions about challenges and conflict resolution?

Questions about challenges and conflict resolution are a favorite among interviewers, no matter the position or industry, and with good reason. The manner in which people approach conflict reveals a lot about how creative and solution-focused they are, which is an important thing to know about any attorney who you’ re considering hiring.

Do attorneys have conflicts of interest?

Attorneys are responsible for divulging any potential conflicts of interest, even if they are never directly asked a question about them. However, it’s usually not a bad idea to inquire about them yourself.

Can you talk to an attorney over the phone?

For example, if you prefer to discuss business matters over the phone during your commute but your attorney relies almost entirely on email and rarely picks up the phone, you might not be able to talk to your attorney as often or as freely as you’d like. This impaired communication can have real consequences if an important detail slips through the cracks, so make sure that you and the attorney agree on how best to communicate.

Can an attorney give a well developed answer to a question?

Any attorney who has put time and energy into considering your project should be able to give a well-developed answer to this question. If you encounter an attorney who can’t, move on.

Do businesspeople have to resign themselves to pick the first attorney on their resume?

The good news is that businesspeople definitely don’t have to resign themselves to picking the first attorney whose resume crosses their desk.

Can an attorney give an estimate of how long each phase of a project will take?

Although unexpected challenges sometimes arise and cause deadlines to be pushed back, attorneys should be able to give an estimate of how long each phase of the project will take. Make sure that these estimates seem reasonable and fit with the timeline that you have in mind.

How long does an employee have to wait to receive an EEOC decision?

An employee who has been separated and who chooses the EEOC process may not receive an initial decision for about a year. During this year, the employee does receive a Report of Investigation on the EEOC part of the case, which can be helpful in adjudicating the discrimination part of an adverse action appeal at MSPB. The issue is: Is it worth the delay?

Can you win a case without proving discrimination?

At MSPB, if your case is within its jurisdiction, you can win without proving discrimination, but you must show the agency action is without merit or is tainted with harmful procedural error or a prohibited personnel practice.

Can the EEOC hear a complaint?

EEOC can hear a wider range of cases than MSPB. EEOC will hear any case that concerns a complaint about terms and conditions of employment, such as hiring, firing, demotion, loss of benefits, nonselection for promotion, disciplinary actions, negative performance ratings, significant reassignments or a hostile work environment, if the hostile work environment alters the terms and conditions of employment.

What to expect from an experienced attorney?

An experienced attorney can properly advise you on what to expect throughout all stages of the legal process. He or she will also have the ability to anticipate the strategies or actions of the prosecution and can use that to help build you a strong defense strategy.

Why is it important to find an attorney?

It is not only important to find an attorney who has handled a good number of cases, but one who is knowledgeable about the charges you face as well. A lawyer who has had experience handling clients facing similar charges can save you a lot of time and money and most likely find you a better outcome overall.

What is the best way to defend a client in a criminal case?

When it comes to defending a client in a criminal case, experience is key. There are numerous benefits to having an attorney who has practiced for many years and successfully represented a large number of clients. An experienced attorney can properly advise you on what to expect throughout all stages of the legal process. He or she will also have the ability to anticipate the strategies or actions of the prosecution and can use that to help build you a strong defense strategy.

How to settle a case out of court?

In many ways, the best outcome you can have for your case is one that comes quickly. By negotiating to settle out of court through a plea bargain, your attorney may be able to help you avoid having to appear in court and appear before a judge and jury.

How long does it take to get a resolution?

The amount of time it takes to get a resolution can vary widely from case to case. And while your attorney cannot control the pacing of the legal process, he or she should be able to provide you with an estimate of how long the process will be for your case based on the possible strategies used. Having an idea about the time frame will help you to prepare for the process you are facing.

What is required of a defendant?

Most likely, as the defendant, you will be asked to provide and help prepare documents and relevant background information. You may also be asked not to speak to witnesses or do any legal work of your on.

Can you ask questions about a criminal case?

You should be able to get ahold of your attorney to ask any questions you may have as they arise.

What is required to receive a follow up call from a lawyer?

Fullname is required. A valid email address is required. Receive a follow-up from lawyers after your question is answered. Text Call. A valid phone number is required. Select the best time for you to receive a follow-up call from a lawyer after your question is answered. ( Required field)

What to do if someone steals your gun?

If someone stole your gun and permit, you might have a big problem on your hands. First, you should try to get your permit re-processesd so that you have your license. Second, you should make sure you filed a report with the police about the theft of your firearm and that it is missing. Finally, you can sue your ex... Read More

Can you call your insurance company to apologize for a car accident?

No, dont panic, but call your insurance carrier and tell them so they can pay for the damage. call the owner of the other car and apologize. Yes, it... Read More

Do you have a case if you have proof of what you say?

Yes you have a case if you have proof of what you say.

Can a lawyer modify a protective order?

The lawyer that represents you on the case can file a motion to modify any protective order ( no contact order, etc) thats in place, and, a motion to modify the bond conditions prohibiting contact. These things are not set in stone, and the Judge has the discretion to modify them to accomodate child-care and custody... Read More

What are the factors to consider when choosing a law firm?

1. Prestige. There are a number of factors to consider in choosing a law firm, and prestige is only one of them. But all other factors being (nearly) equal, starting at a more prestigious firm can only open doors down the road. Remember that I am talking about your first job as an associate.

How difficult is it to switch law firms?

Choosing a law firm and a practice area is a big decision. While 62% of lawyers move firms within their first four years of practice, your career path will likely be clearly shaped by your first job as a lawyer. I cannot stress enough how difficult it is to switch practice areas once you have started your legal career. It is not impossible, but it can be very difficult. Some firms are much more flexible than others in letting you dabble in various areas before committing to a practice area. In fact, certain firms never officially require you to choose a group. However, it is extremely rare for associates to find opportunities to switch from one firm’s practice area A to another firm’s practice area B. If you are lucky enough to have this opportunity, you will almost inevitably be asked to take a haircut in class year.

Where do you see yourself working five, 10, or 20 years down the road?

Where do you see yourself working five, 10, or 20 years down the road? If your goal is to eventually transition in-house, you will have more options as a corporate lawyer (usually with a more general corporate background) than as a litigator or niche practitioner. When litigators do find those scarce in-house opportunities, they may find the work unsatisfying compared to their corporate counterparts. Depending on the organization, the work is often more attuned to project management than actual litigating.

Is there a formula for choosing a law firm?

There is no standard or static formula for choosing a law firm or practice area. The analysis will be different for each person. But arming yourself with as much information as possible when embarking on the process is the only way to maximize your chances of picking the best route for you. So do your homework.

Do associates need to work hard?

For associates who are more academically oriented, it may be more comfortable to work hard and not feel as much pressure to bring in clients. On the other hand, if you enjoy the business side of law firm operations and if you think you will have an aptitude for client development, you may want to consider an environment where business development skills are more valued and where the firm will take measures to train its associates and young partners in these skills.

Is New York a good place to practice?

If your plan is to work overseas one day, strongly consider capital markets over other practice areas. New York is generally seen as the best place to start practicing to prepare for a career overseas.

Is litigation bouncing back?

In the current market, litigation is slowly bouncing back. We are seeing more and more openings. But litigators are still held to a much higher standard in terms of academics than corporate lawyers, for whom deal experience is an equally important factor. If the current trend continues, and if you did not go to a top law school and/or your grades are not stellar, you may find more success in the corporate arena than in litigation.

What does it mean when an attorney struggles with answering this question?

If an attorney struggles with answering this question, he or she may be a poor communicator. Organized and disciplined attorneys have a proactive communication style that fits the particular client.

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.

How to plan your life after a divorce?

If you want to plan your life after a divorce, you should at least have a general idea of how long divorces similar to yours take. This planning will also help you prepare a budget for the cost of divorce. The attorney should truthfully tell you there is no way to predict exactly how long a divorce will take.

What is it called when your lawyer questions you?

When your own lawyer questions you, it's called direct examination. If you're representing yourself (that is, if you don't have a lawyer), you can: testify (speak) on your own behalf, or. ask if you can give your evidence in an affidavit.

What is a leading question?

Don’t ask leading questions. In leading questions, you give the witness the answer you're looking for in your question (for example, don't ask things like "You forgot to pick up the children from after-school care on April 25, didn't you?"; ask "Did you pick the children up from after-school care that day?").

How to ask a narrative question?

Don't ask a lot of narrative questions. In narrative questions, you're asking a vague question that doesn't have a single answer. Instead, be precise (for example, don't ask things like "Could you tell us everything you did that day?"; ask "Did you pick the children up from after-school care that day?").

Who can cross-examine you after you testify?

After you testify, the other person in your case (the law calls them the other party) or their lawyer can cross-examine you (ask you their own questions). They'll ask you questions that they think will get you to say something that helps their case more than it helps yours.

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