Hiring an attorney is a significant decision that can have far-reaching consequences for you and your loved ones. Choosing an attorney is a difficult decision that should not be taken lightly.
If you are in need of a lawyer’s services, it can be overwhelming to find the right one. You may be tempted to hire the first lawyer you speak with, but choosing the right lawyer can make or break your case.
The best way to find the right attorney is to schedule an initial consultation to discuss your case with them. The questions listed below are a good place to start when interviewing potential lawyers. Before agreeing to work with them, a good attorney will take the time to answer your questions and ensure you are comfortable.
How long have they practiced law?
This is an excellent place to begin. Working with an experienced personal injury attorney can make or break your case. This is not to say that a recent law school graduate cannot win your case or vice versa. Just because an attorney has been practicing law for decades does not guarantee that they will win your case. What you’re really looking for here is a sense of their overall experience, so you can decide whether or not you want to work with them.
It’s also a good idea to find out where they got their law degree. It does not have to be an Ivy League institution in order for them to be a good attorney, but it is one of the questions you should ask to get to know your potential lawyer better.
If you’re nervous, these simple questions can help you start a conversation. When the conversation is going well, it can be easier to bring up the more important topics.
Do they specialize in your type of case?
Each area of law can have its own special training that provides attorneys with the expertise they need to handle those types of cases, whether it’s criminal law, family law, personal injury law, or another specialty. First, you should determine which area of law your case falls under so you can find the right lawyer. Among the most popular areas of law are:
- Criminal law: these cases involve a client who has been accused of committing a crime or illegal act.
- Family law: this can include child custody, divorce, adoption, and child welfare cases.
- Immigration law: for refugees, asylum seekers, or anyone in a country without documentation
- Personal injury law: cases where an individual was injured or killed due to another’s negligence, including medical malpractice, wrongful death, and vehicle accidents.
- Real estate law: applies to individuals seeking to sell or purchase a property, but can also include tenants and landlords.
How do they ensure a successful attorney-client relationship?
It is critical that you have a good working relationship with the attorney you hire. Many legal cases necessitate multiple meetings with your lawyers over the course of weeks, months, or even years. When you work with someone on a regular basis over time, it helps to have a positive relationship.
Inquire about the attorney’s typical client relationship and whether or not they actively work to foster a strong connection with them. You must have faith in the attorney handling your case and believe that they respect you as much as you respect them. A good attorney will ensure that you are at ease with them and the legal process.
At the same time, communicate your requirements and expectations to any potential lawyers. Consider the type of relationship you want ahead of time and what they can do to make it happen.
Perhaps you’d like a weekly check-in to keep you up to date on any changes. Or perhaps you have a preference for how they handle communications with other parties in your case. As long as you discuss this ahead of time, a potential attorney will be able to tell you whether or not they can meet your expectations, and you will be able to determine whether or not they are the right fit for you and your case.
What are their attorney fees?
After you’ve addressed the more fundamental questions, you should steer the conversation toward the attorney’s fee structure. Because different lawyers handle money in different ways, this is an important question.
In particular, inquire whether they charge an hourly rate, a flat fee, or accept cases on a contingency fee basis. They won’t be able to provide you with the total cost at the first meeting unless they charge a flat fee, but it’s important to get a sense of whether or not you can afford this particular attorney’s fees.
- Hourly rate: these vary greatly from attorney to attorney, but they are negotiable.
- Flat fee: more commonly used for simpler transactions and can be negotiable, but other charges may be incurred during the course of the case that you may owe.
- Contingency fee: in this agreement, the attorney is paid a negotiable percentage of the earnings from winning your case and does not get paid if you lose.
How do they suggest handling your case?
Legal work does not come in a one-size-fits-all format, and different attorneys may approach the same legal case in very different ways. This is one of the many reasons why you should put your trust in your lawyer. You want to be confident that the attorney you’ve chosen to work with will handle your case in such a way that you have the best chance of a favorable outcome.
Ask your prospective lawyer not only how they would handle your case, but also why they would do so. They should be able to explain in simple terms why they believe their strategy will help you win your case.
You have a say in how your case is handled, even though they are the experts. If you and the attorney you’re interviewing don’t agree on this point, it’s likely that you’re not a good fit.
Is there a way to keep your case from going to trial?
When you ask how the attorney would handle your case, this is one of the topics that may come up. There are several ways to settle a case outside of court, but this is not always an option. It can’t hurt to see if one of the following alternative dispute resolution methods can help you avoid a legal battle in court.
- Negotiation: discussions between all involved parties go back and forth until an agreement can be made that everyone is amenable to.
- Facilitation: this is part of a larger process that can help get to the root of the issue in some cases.
- Mediation: uses a third party to help guide everyone involved in the legal case to a resolution
- Conciliation: works like mediation, but the third party takes a more active role in suggesting resolutions to reach a settlement
What do they think will be the outcome of your case?
This question is also related to how the lawyer would handle your case. In addition to explaining why they would handle your case in a particular way, they should be able to tell you what outcome they anticipate would result from that strategy.
You want your attorney to be truthful with you and give you a realistic picture of how your case might turn out. While they cannot predict the exact outcome, they should be able to provide you with various scenarios that could occur so you know what to expect.
How long do they think litigation will take?
Some legal issues can be resolved quickly, while others can take years to resolve. It is a good idea to ask the attorney how long they believe it will take so you can determine whether they are willing to commit to your case regardless of how long it takes.
Cases can be delayed or take longer than expected for a variety of reasons, so your attorney won’t be able to give you an exact timeframe. They should be able to tell you whether it will take a single day in court or several months.
Have they been found guilty of attorney misconduct?
Just because an attorney has engaged in misconduct, it does not automatically result in their disbarment. This means that an attorney can be found to have committed professional malpractice while still practicing law. That is why it is a good idea to ask this question of any potential lawyer.
If they have committed any ethical violations or misconduct, they can give you their side of the story and you can choose whether or not to work with them. You can usually find this information online by looking up the specific attorney you’re thinking about hiring for your case.
Will they be the ones to actually represent you?
Because trust is such an important aspect of hiring an attorney, it’s a good idea to inquire whether they will be the only attorney handling your case or if other attorneys or paralegals will be assigned to it instead. If you’ve developed a relationship with a particular lawyer, you don’t want to be disappointed when you learn that your case has been assigned to someone else at their law firm. Inquire upfront whether your case will be handled by someone else or if they will see it through to the end.
Is there any reason they shouldn’t take your particular case?
Attorneys are required to inform prospective clients if there is a conflict of interest in their case, but it is never a bad idea to inquire. Asking this question prior to hiring a lawyer may save you time and frustration later. Instead of discovering a conflict of interest after they begin working on your case, you may be able to initiate a discussion that reveals a conflict of interest before they begin working on your case.
What do they expect from you?
This is an excellent way to conclude a conversation with any prospective attorney. If you do hire them, you’ll be on the same page from the beginning.
The client’s role typically entails providing relevant documentation, meeting as needed, and generally cooperating with the process. The attorney should be able to communicate with you if anything else is required of you or if there is anything they explicitly do not want you to do.
Choosing the Law Firm That’s Right for You
If you’re looking to hire an attorney for any reason, these 12 questions will help you get the information you need to decide if they’re the right fit. Because each legal issue is unique, you must hire the lawyer you believe has the best chance of winning a favorable outcome in your case.
It is preferable to work with someone you believe has your best interests at heart and will work tirelessly to win your case. The right lawyer will listen to your needs, counsel you when necessary, and do whatever it takes to get you the best possible result. Trust your instincts and select the person with whom you are most comfortable handling your case.
