what questions a lawyer should be asked

by Misty Ratke 10 min read

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...
  2. What type of cases do you generally handle? What percentage of your practice is devoted to (the practice area in...
  3. Who is your typical client? This is an important, but often-overlooked question. For...

In Order to Move Forward With Any Lawyer, First Ask These Ten Questions
  • How Long Have You Practiced Law? ...
  • What Types of Cases Do You Manage? ...
  • Who's Your Typical Client? ...
  • How Many Similar Cases Have You Taken On? ...
  • What Kind of Special Training or Knowledge You Have Outside Your Law Degree? ...
  • What Are Your Fees and Costs?

Full Answer

What are good questions to ask an attorney?

Apr 09, 2015 · Here are some basic questions you should ask potential counsel before choosing legal representation. Experience Ask about the lawyer's practice and familiarity with cases like yours. One: Have you handled this type of case? This …

What should I ask before hiring an attorney?

Apr 13, 2018 · 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... 2. What type of cases do you generally handle? What percentage of your practice is devoted to (the practice area in... 3. Who is your ...

What questions do lawyers ask their clients?

Apr 21, 2021 · A good lawyer will learn from failure and make the necessary adjustments so it does not happen again in the future. Every lawyer will experience failure at some point. The key question is whether the lawyer can deal with it and bounce back in the future. What to look for in an answer: Resilience to deal with failure; A commitment to improving abilities

How do I Ask an attorney a question?

May 19, 2021 · 10 Questions to Ask an Attorney About Living Trusts. Find out what to ask your attorney about living trusts so you get the most out of this powerful document. by Brette Sember, J.D. updated May 19, 2021 · 4 min read A living trust is a document that allows you to place assets into a trust during your lifetime. ...

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What questions should you ask in a law interview?

21 Questions to Ask During a Legal Job InterviewHow did you become interested in X practice area/subject matter?Did you focus on X while you attended law school? ... Why did you choose this firm/organization over others?What do you like most about this firm/practice group/organization?More items...•Mar 12, 2018

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...•Jul 10, 2016

What are two questions one should ask of their attorney?

1) What's Your Experience With Matters Like This? You will want an attorney that has handled a fair number of matters like yours unless it is a really unusual, one-of-a-kind situation. Ask the attorney what experience they have had in similar matters. 2) What's Your Plan For Handling This Legal Matter?Dec 18, 2019

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...•Apr 13, 2018

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.Oct 28, 2020

Do lawyers only ask questions?

On direct examination, lawyers generally can't ask leading questions. A question is leading if it suggests the answer. For example, "You couldn't see very well, could you?" or, "Did you get to the scene at 8 p.m.?"

What do you expect from a lawyer?

Lawyer communication, competency, ethics, and fees are important aspects of the attorney-client relationship. As a summary, you can expect your lawyer to do the following: Give you advice about your legal situation. Stay in contact and keep you informed about your case.Jan 4, 2022

How do you question a defendant?

You must ask questions beginning with words such as Who, What, Where, When, Why, How, Describe, Tell, Explain, etc. You should ask questions that allow the witness to provide her own answer.

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.

What are the duties of a criminal defense attorney?

Criminal Law – Handles issues pertaining to individual liberty and behaviors that may be considered illegal under U.S. criminal codes.#N#Defense Attorney – Defend the accused of their crimes as is their constitutional right.#N#Prosecuting Attorney – Prosecutes the case on behalf of the federal or state government, or a wronged party. 1 Defense Attorney – Defend the accused of their crimes as is their constitutional right. 2 Prosecuting Attorney – Prosecutes the case on behalf of the federal or state government, or a wronged party.

What is the job of a prosecuting attorney?

Prosecuting Attorney – Prosecutes the case on behalf of the federal or state government, or a wronged party. Entertainment Law – Deals with issues largely related to Intellectual Property law, rights, royalties, and contracts. Environmental Law – Enforces regulations, statutes, treaties, or conventions according to state or federal laws.

How much does an estate lawyer charge per hour?

Depending on the lawyer and their firm, it could vary from a $100 per hour to $1000s per hour. Flat fee – These are an option for cases that are more predictable, such as the drawing up of an estate plan. If this is what they offer, make sure to ask whether or not there are services and expenses that aren’t covered.

What is statutory fee?

Statutory fee – Some forms of legal work have legally set fees involved. Once you’ve gone over payment, request an estimate of total cost. Although, in many cases, it’s impossible to give you an on-the-number appraisal, having a ballpark figure can help you determine if you can afford it and then budget accordingly. 6.

What are the common matters in family law?

Common matters in family law include divorce, custody, adoption, child welfare, child abuse, marriages, and civil unions. Real Estate Law – Encompasses issues pertaining to land or construction on property in relation to ownership, development, disputes, or tenant rights. Tax Law – Stay apprised with the most recent updates ...

Is a lawyer a generalist or a specialist?

1. Are you a generalist or a specialist? – Since the legal field covers a broad swath of industries and subject matters, it’s exceedingly rare to find a lawyer who’s well versed in several sects of law. Typically, as is the case for most professionals, they tend to specialize and focus on a specific legal field.

Should screening for the right one be rigorous?

Remember that they’ve invested years of their lives studying and practicing law, so their services won’t come cheap—nor should they.

What does a lawyer learn from failure?

A good lawyer will learn from failure and make the necessary adjustments so it does not happen again in the future. Every lawyer will experience failure at some point . The key question is whether the lawyer can deal with it and bounce back in the future. What to look for in an answer:

What is disagreement in law?

Disagreements happen in the practice of law. Two attorneys can reach different opinions about an issue and both can be correct. It is even more difficult when one of the attorneys works for the other. Part of being a successful lawyer is learning how to make one’s voice heard without being overbearing.

What does a lawyer need to know?

Your lawyer needs to know the results you desire at the end of the suit. It helps them to work towards attaining them. For instance, if you want monetary compensation for something terrible that was done to you, let them know. Do not forget to tell them the amount you think would be enough for you.

Do lawyers want to know your case?

A lawyer will want to know every single detail of your case. This includes the circumstances that forced you to file the suit. When answering this question, be as honest as possible. Do not withhold any important information from your attorney. It will increase your chances of winning in court.

Can a lawyer negotiate with a client?

You can even ask them to lower them for your convenience. Most lawyers have no problem negotiating with their clients. These are some of the many questions that your attorney might ask you during your first meeting. Be as genuine as possible because it will lay a solid foundation for your working relationship.

What is a trust after death?

A trust is designed to function during your life and after your death. A will provides for the distribution of all of your assets upon your death. It only provides instructions for what will happen to your assets after you die.

Why are living trusts so popular?

Living trusts offer a variety of benefits, which is why they have become so popular. Living trusts allow your estate to avoid probate. By doing so you avoid the costs associated with having a will probated, but you also avoid the delay associated with probate. It can take months for a last will to be probated, but when you create a living trust, ...

What is a revocable trust?

A revocable trust (one that can be altered during your lifetime) does not avoid estate taxes that are applied by your state or the federal government. A special kind of living trust called an AB trust passes assets directly from one spouse to another and avoids estate tax. Living trusts do not pass through probate, ...

What is a living trust?

A living trust is a document that allows you to place assets into a trust during your lifetime. You continue to use the assets, but they are owned in the name of the trust. You name a trustee who is responsible for managing and protecting the assets in the trust. After your death, the assets in the trust are distributed to ...

Do you need a power of attorney for a living trust?

Living trusts have all of your assets already placed in the ownership and management of a trust, so that should you become incapacitated, they are already being handled for you. Most attorneys do recommend you also draw up a power of attorney which will authorize someone else to make legal and financial decisions on your behalf ...

Can a living trust include all of your assets?

Living trusts cannot include all of your assets since some are not eligible to be owned by a trust. The other problem with a living trust is it can only control the assets you specifically transfer into it, so if you forget to change ownership of something like a bank account, it won’t be covered by the trust.

Do you have to pay upfront for a living trust?

The living trust cost can also be seen as a drawback. You need to pay upfront to have the document prepared and make sure the trust is being managed.

What should an estate planning attorney ask?

Quite simply, a good estate planning attorney should ask you what it is that you want to achieve with your will. Some things they may want to know are how important tax issues are to you, meaning how vital it is to you whether you are to paying high taxes or not. An attorney will also want to know whether or not you have children ...

How to get started with drafting a will?

To get started on drafting your will and other important documents, contact a licensed estate attorney so they can make sure that your estate plan follows state laws and accurately reflects your wishes .

What is the role of a fiduciary in an estate?

A fiduciary will take on a role that will be responsible for various parts of ones estate. This role can be an executor, which is someone who will have control of a will. It can also be a trustee, which is someone who is responsible ...

How old do you have to be to have a minor in charge of your estate?

This is a type of trust that leaves assets to a minor, however they are kept with a trustee until the minor reaches a certain age, which is usually when they turn 18 years old.

How long does it take to get your estate passed to a minor?

The court will get involved in the process of distributing assets to a minor, which may take months to resolve.

Why is it important to make a will?

One very important part of planning a will is considering your family members. The purpose of a will is to make sure that your estate is taken care of according to your wishes once you pass. Most people leave part of or their entire estate to their loved ones. It is essential for your attorney to know if you are married, have kids, ...

What is the role of an executor in a will?

This role can be an executor, which is someone who will have control of a will. It can also be a trustee, which is someone who is responsible for each trust. It can be a guardian or someone who will have power of attorney, which means they can make medical decisions on your behalf if you are incapable of doing so.

Can you refuse to answer a question in a deposition?

In the majority of cases, the deponent is required to answer all questions that they are asked. However, in some circumstances, they can refuse to answer.

How do you answer tricky deposition questions?

If you are asked tricky deposition questions, you must approach them carefully. Often, the defense counsel will ask questions that the deponent is not qualified or informed enough to answer.

How do you avoid a deposition question?

As the deponent is under oath during the session they are required to provide truthful answers to all questions asked. This makes it a little challenging to avoid questions.

How do you have a successful deposition?

Calmness and honesty will prove crucial in the success of a deposition. An attorney will be able to defend your case but will also be able to prepare you for what you are likely to be asked.

How do you prepare for a deposition?

Preparing for a deposition can seem like a daunting task. Hiring an attorney will make it much easier. Often witnesses are discouraged from preparing for their deposition alone without the assistance of a professional in this field.

What should I bring to deposition?

The documentation that you bring to your deposition can help to support your argument, however, there is a risk of bringing too many documents. You may have been instructed to bring particular documents by your attorney.

What should you not say during a deposition?

For many people, a deposition is a very nerve wracking experience, however, it is important to ensure that you do not say the wrong thing.

Why do attorneys ask questions?

Attorneys ask questions of potential jurors to determine juror attitudes, biases, and their ability to truly be an impartial juror. The attorneys will inquire about you personally, and will also ask questions about your friends, families, and acquaintances.

Is jury duty a civic duty?

Jury duty is something that makes many people nervous. The courthouse procedures, the judge sitting stoically in a black robe, and the formality of the courtroom process can be intimidating. However, serving on a jury is an important civic duty.

What does an ALJ do during a hearing?

During the hearing, the ALJ will typically begin with questioning you before allowing your attorney to do so. Throughout the questioning, you are given the opportunity to testify directly to all parties, but specially the ALJ, about your disabilities and the challenges they have posed on your day-to-day life.

What is a disability hearing?

Even though there may be many questions asked, a disability hearing is much more like a roundtable discussion between parties instead of the court room dramas we have come to know from television. You may rest easy knowing the proceeding is closed to the public with only a few parties allowed.

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