what to tell prospective lawyer

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What should you look for when dealing with an attorney?

So when dealing with attorneys, don’t just look for honesty—be honest. “If you want to improve your chances of securing the best lawyer to take your case, you need to prepare before you meet them,” advises attorney Stephen Babcock. “Get your story, facts, and proof together well before your first meeting.”

How do I find out if my lawyer is a good candidate?

Internet search engines should reveal any news stories, publications, or websites associated with your attorney, but it may take some digging around to find something useful. 3. Yelp. Google should also bring up your prospective attorney's Yelp profile.

How does a person become a prospective client of a lawyer?

[2] A person becomes a prospective client by consulting with a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter. Whether communications, including written, oral, or electronic communications, constitute a consultation depends on the circumstances.

How to prepare for a lawyer interview?

At the pre-interview stage, consider your goals and let them guide your preparations. This means considering what you want to get out of the interview, including learning about the legal issue at hand, establishing a positive client experience, and winning the client.

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...•

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...•

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 should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

How do you start a message to a lawyer?

Begin your traditional letter or email with "Dear Mr. ..." or "Dear Ms...", followed by the attorney's surname and a colon. For example, use "Dear Mr. Smith:" to address the attorney. If you write legal letters frequently, save this template to use in future correspondence.

How do you converse with a lawyer?

13. Talking to a LawyerA: What can I help you with? B: I need to hire you. A: What do you need me for? B: I need you for my court date. A: What kind of case do you have? ... A: How may I help you? B: I would like you to be my lawyer. A: What can I do for you? B: I'm going on trial. A: What is your trial about?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...•

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 are good questions to ask a professional?

Questions To Ask: Informational InterviewWhat are your main responsibilities as a...?What is a typical day (or week) like for you?What do you like most about your work?What do you like least about your work?What kinds of problems do you deal with?What kinds of decisions do you make?More items...

Are you supposed to tell your lawyer the truth?

It's almost always advisable to tell your lawyer the whole truth about your case, even if you've committed a crime. Giving your lawyer all the facts helps them craft the best defense by raising reasonable doubt. Even when a client admits guilt, there are usually many mitigating circumstances that can come into play.

How is it like dating a lawyer?

Lawyers love commitment. This one is big: lawyers love hard facts both in work and love, so they want to be in a solid relationship. They love to be clear about their dating status and will want to have their significant other write on the calendar when their anniversary is.

What should I wear to meet a lawyer?

The standard attire for meeting with you lawyer should be business casual. Wear dress pants, a nice shirt or top. Women should wear a conservative dress or skirt. Nothing too revealing.

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.

When the information indicates that a conflict of interest or other reason for non-representation exists, should the lawyer

Where the information indicates that a conflict of interest or other reason for non-representation exists, the lawyer should so inform the prospective client or decline the representation.

Does paragraph d) (2) prohibit a lawyer from receiving a salary or partnership share established by prior independent agreement?

Paragraph (d) (2) (i) does not prohibit the screened lawyer from receiving a salary or partnership share established by prior independent agreement, but that lawyer may not receive compensation directly related to the matter in which the lawyer is disqualified.

Can a lawyer consult a prospective client?

A lawyer's consultations with a prospective client usually are limited in time and depth and leave both the prospective client and the lawyer free (and sometimes required) to proceed no further. Hence, prospective clients should receive some but not all of the protection afforded clients. [2] A person becomes a prospective client by consulting ...

What is a prospective client?

Rule 1.18 (a) defines a prospective client as an individual who consults with an attorney for the purpose of retaining or securing legal service or advice. The general concept of an attorney’s duty to a person seeking representation is not a new idea to California legal ethics.

What is the duty of loyalty of an attorney?

Until Rule 1.18, an attorney’s duty of loyalty to existing and a limited duty to former clients could preclude an attorney from taking on a new client whose interests were adverse to existing clients or substantially related to a former client’s matter. Further, an attorney’s duty of competence required the attorney to advise a prospective client regarding statute of limitations or advise on legal issues that a reasonable attorney should know and could impact the prospective client’s interests. An attorney who failed to comply with these duties could be disciplined or find themselves exposed to a malpractice complaint.

What is the rule of professional conduct?

Rule of Professional Conduct 1.18 now firmly establishes an attorney’s duty to a prospective client and makes an attorney’s failure to comply with this rule a disciplinable offense.

What is the second option for a law firm?

If the prospective client refuses to provide consent, then the second option applies to law firms. Second option: Screen off the Attorney.

Which case is the first to apply and interpret Rule 1.18?

SkyBell Technologies is the first case to apply and interpret Rule 1.18. The decision is controversial as it has interpreted the rule to require specific consent, whereas the language of Rule 1.18 (d) (2) (i-ii) does not require specific consent from the prospective client.

What to ask a lawyer about a case?

An important question to ask a lawyer is what the strategy for your case will be and the outcome the lawyer expects. You’ll want to get details on what kind of procedures to expect. Ask how long it will take for the entire case to be resolved. Discuss the legal strategies that will be used. Find out if your attorney will attempt to settle and if mediation or arbitration are options. Think about the answers and if you are comfortable with them. Maybe you want to avoid a trial at all costs but your attorney really wants to just go to trial, or perhaps you have no intention of settling and want your day in court. It is important that your lawyer’s strategy lines up with your needs.

What is a meeting with a lawyer?

Meeting with a lawyer for an initial consultation is generally not a chance to ask legal questions that are in depth, but is instead an opportunity to get a sense as to whether this lawyer is the right one to handle your case. Use this meeting to help you decide which lawyer will be the best one for your case.

Why is it important to meet with a small business attorney?

Meeting with a small business attorney is an important way to get your business off to a good start and minimize future risks. Here are questions to ask at your first meeting.

Why do lawyers offer free consultations?

Most lawyers offer a free consultation so that you have a chance to determine if he or she is the right person for you. Going to the first meeting with some simple questions can help you ensure you find the right person for the legal help you need. You will not get much legal advice at this consult since it is not meant to resolve your legal ...

Can you ask where an attorney went to law school?

It is generally not very helpful to ask where the attorney went to law school since you can find this information online and it often tells you nothing useful anyhow. Focus instead on experience with your type of case. You can also ask the average verdict the lawyer has obtained in your type of case.

What to do when asking lawyer interview questions?

The best thing you can do when asking your lawyer-client interview questions during your initial consultation is just listen. This is the time when the client should be doing most of the talking. Follow client communication best practices and try to avoid cutting them off or filling in pauses.

What should be the first step in a client interview?

Review the client’s file. The initial client interview should be for asking questions, not for learning basic client details. Before the interview, ask for any relevant information and documents so you can review them in advance.

Why is client interview important?

The client interview is part of your overall client intake process, so it’s important to track it for efficiency and ensure that no potential clients get missed. If you’re using online client intake software, you can easily track and see a potential client’s status in stages (for example, “needs a follow up”).

How to conduct a conflict check?

Conduct a thoughtful pre-screen and conflict check 1 Pre-screen: Before you book the interview, have a set pre-screening process. Ask for basic information (for example, via an intake questionnaire) to help you decide if the client may (or may not) be a fit for your firm. You can make this process simpler for the client by using an online intake forms tool, like Clio Grow. 2 Conflict check: You’ll also want to do a conflict check before proceeding to ensure there are no conflicts of interest or other reasons that will prevent you from working with someone. Here again, an online intake tool can make this easier for you and the client. Clio Grow, for example, can be part of a robust conflict check process.

What to do after reviewing client file?

Once you’ve reviewed the client’s file, prepare your questions for the client, and take some time to anticipate questions that the client may have for you. We’ll discuss more on what answers (for clients) lawyers should prep for before the interview below.

How to make a client feel comfortable?

You may deal with the law every day, but pursuing a legal issue can be stressful, draining, and even scary for potential clients. With this in mind, do your best to be emotionally sensitive and make them feel as at ease as possible.

Is it bad to not show up for an interview?

Especially if you’ve taken the time to thoroughly prepare for the interview, there’s nothing worse than a no-show. While some no-shows are unavoidable, often a simple confirmation email and a reminder can ensure your potential client makes the meeting.

What to bring to a lawyer meeting?

What Should I Bring? 1 A pen and pad of paper or the electronic equivalent! In the course of your conversation with your attorney, you will surely want to write down notes on any issues or questions that arise. 2 A list of questions. Clients often have a million questions and concerns before a meeting, one or more of which they then forget to ask when sitting face to face with their attorney. Write these questions down ahead of time, to make sure you get every query answered while you're sitting there. 3 A check for the initial consultation fee, if your attorney charges one. This should be discussed ahead of the meeting. Nothing gets a lawyer-client relationship off on the wrong foot faster than forgetting to make your first payment. Presenting that fee immediately shows that you're taking the relationship seriously. 4 Any documents relevant to your case. If, for example, you are negotiating a lease and want the lawyer to review it, you should obviously bring a copy of the draft lease. If possible, make multiple copies of each document you give to your lawyer, so that you can take a set back home. (Or you can ask the lawyer's office to make the copies, but you'll likely be charged at premium rates for those.)

What to write in a conversation with an attorney?

In the course of your conversation with your attorney, you will surely want to write down notes on any issues or questions that arise. A list of questions. Clients often have a million questions and concerns before a meeting, one or more of which they then forget to ask when sitting face to face with their attorney.

What is an initial meeting with an attorney?

An initial meeting with your attorney is important, not just for exchanging information about your case, but also for building rapport and trust. Commonly, you will first have a short phone call with the lawyer, who will then ask to meet you in person. If you aren't yet certain you plan to use this lawyer, ...

What happens if you don't hire a lawyer?

Be honest. Remember that, even if you do not end up hiring the lawyer, everything you tell him or her during your meeting is generally subject to the attorney-client privilege. (The biggest exception to this, not surprisingly, is if you tell your lawyer that you are going to commit a crime, which information the lawyer may be duty-bound ...

Should I hire an attorney at the end of a meeting?

By the end of your meeting, you should leave with a clear understanding of what you've accomplished and what's ahead. Remember, you are under no obligation to hire a particular attorney merely because you had an initial meeting.

Is honesty good for a lawyer?

In most cases, honesty is in your best interest. Lawyers seldom see cases that are cut and dried, with one party completely the "good guy.". It 's much better for the lawyer to know any bad news up front than to be surprised later with revelations you failed to share.

How to get a good lawyer to take your case?

“If you want to improve your chances of securing the best lawyer to take your case, you need to prepare before you meet them,” advises attorney Stephen Babcock. “Get your story, facts, and proof together well before your first meeting.” This not only ensures that you understand your own needs, but it helps a good lawyer to ascertain whether he or she can actually help you. “We want the best clients too. Proving you’re organized and reliable helps us.”

Why is it important to approach a lawyer with honesty?

“ Winning cases can be lost because of a client who lies or exaggerates just as easily as because of a lawyer who tells the client what the client wants to hear instead of what is true.” So when dealing with attorneys, don’t just look for honesty—be honest.

Do you need a lawyer to write a demand letter?

On reading a demand letter, the other person will often say, “this isn’t worth the trouble” and they quickly settle. But here’s a secret from Knight: You don’t need a lawyer to write a demand letter. You can do it yourself. Just make it look as formal as possible, and you may find your dispute goes away—no charge to you.

Should a lawyer stay out of court?

In fact, a lawyer should try to stay out of court. “In my experience, a good lawyer always finds every opportunity to keep a case from being decided by a judge, and only relents on trying a case before the bench when all alternatives have been exhausted,” attorney, Jason Cruz says.

What happens if an attorney reads a client's documents and decides not to take on the case?

Alternatively, in the same situation, the attorney read the documents and decides not to take on the case, but returns the client’s documents along with a non-engagement letter to the client. This way, the client understands they are not represented and needs to find another lawyer.

What to do if you consult with prospective clients but don't move forward with representing them?

If you consult with prospective clients but don’t move forward with representing them, you should close the loop with a non-engagement letter. This ensures all parties are on the same page.

Why do you need to set clear expectations when working remotely?

This is because it is easy for a prospective client to assume a law firm is representing them when all the communication is done over email or online.

Why is it important to notify a client that you won't be representing them?

Letting them know explicitly that you will not represent them will help you avoid or successfully defend malpractice claims.

What does it mean when a lawyer is silent?

The attorney assumes that the client will find another lawyer when they don’t follow up, but the client assumes that the lawyer’s silence means they are handling the case.

How effective is a non-engagement letter?

A non-engagement letter is only effective if your client receives, reads, and understands it. Make sure you have a way to confirm that they receive the letter and understand its contents. For example, you could send a non-engagement letter through certified mail and request a return receipt.

Old Duties

E 1.18

What Is A “Prospective Client?”

• Rule 1.18(a) defines a prospective client as an individual who consults with an attorney for the purpose of retaining or securing legal service or advice. The general concept of an attorney’s duty to a person seeking representation is not a new idea to California legal ethics. California Formal Opinion 1984-84 advised that “a person who consults wi...

See more on cccba.org

What Duties Are Now Owed to Prospective Clients?

What Can You Do to Limit Your Exposure?

Guidance on The New Rule