Questions to Ask Before Hiring a Lawyer
Hiring a lawyer for the first time can leave you feeling like you’re navigating uncharted waters. Vetting a lawyer might seem like a burden, but now is the time to shed that uncertainty.
I’m Dana Robinson, a lawyer with over two decades of experience. I’ve also worn the hat of an entrepreneur who’s had to seek legal counsel in areas outside my expertise. So, let me guide you today and share some game-changing questions to ask your lawyer before selection.
Have They Worked On a Similar Case?
The initial conversation with your lawyer is the hardest and most vital. So, the trick is to ask if they have previously encountered a case like yours. It’s an awesome way to get the lawyer talking about the stuff that’s relevant to you.
Discuss this part with them in detail, including the ins and outs, and, obviously, the outcome. You can also ask their views on why the outcome was what it was. Ask them about the time they took and their problems while working on such matters.
In cases other than a dispute, like a contract review, drafting a will, or a corporate matter, you can still ask about parallel projects and their outcomes. Doing this helps you understand the lawyer better and get a sense of what they’re capable of.
Is the Scope Within Their Expertise?
Learning about their prior and relevant experience is necessary to find the lawyer’s expertise. It’s not just a matter of trust; you must also believe in the lawyer’s capabilities to help you. Therefore, you must discuss your case and ask if they have handled anything similar.
Your initial conversation will only be fruitful if you discuss the risks and benefits. If the lawyer has handled a similar case, they will be confident and guide you through the process. They will explain what difficulties they faced while working through the project.
You can also ask about parallel projects and corollaries. Let’s say you want to update the terms and conditions for your website; you can ask them about the timeframe. Try to understand their mindset and communication patterns. A capable attorney always makes the client aware of the risks before taking on a case.
Are You In the Right Jurisdiction?
You might be aware of this, but jurisdiction matters are vital to discuss with your lawyer. So, as you meet your prospective attorneys, get this issue on the table and ask for their input. Now, you might ask, why is it that important? Let me explain.
You must ask the lawyer if your legal matter applies in your state. You might have a contract designating another state or jurisdiction for disputes. You could also find legal reasons that a case can be brought in a different jurisdiction.
Therefore, you must get clarity from your lawyer and alter your course of action if the lawyer tells you that your case requires legal expertise from another state. Let’s say you want an attorney to review a contract for you, but the other party is in a different state. So, your local attorney can’t do much for you.
Do They Have a Gut Reaction?
You must know that a lawyer’s experience is valuable, but so is their intuition. They have spent their lifetimes seeing multiple outcomes and building this intuition. So, asking for their gut response to your case is a useful tool. This is also an opportunity to present all the facts and not hold back on anything that might hurt you.
Put everything on the table and notice their initial reaction because it’s important for you to trust them before hiring. They’ll probably hedge their opinion because it’s all speculation, but you will get clarity anyway. They are an expert, after all.
The landscape of case proceedings changes due to new facts, leverages, and legal arguments, but a lawyer’s gut feeling is necessary. It helps you understand the situation to make the right decision for yourself.
Do They Think You’re Wrong?
Getting initial reactions or gut feelings is necessary because it lets you know about your lawyer’s opinions about you. If they consider you guilty even before the trial starts, how can they help you win?
Imagine this: you sit with a lawyer, present your case, and suddenly notice skepticism or doubt in their behavior. They set aside your side of the story and judge your situation before listening to the details. So, you can’t hire just a qualified legal expert; you need someone who genuinely believes in you.
If your legal expert starts finding flaws in you and questions your credibility, it impacts your chances of success. They must believe in you and the case’s merits and not harbor doubts about your position.
Alternatively, it could have nothing to do with believing you or being sympathetic to your position; it could be a purely legal thing. There are plenty of obscure laws and outdated precedents that might invalidate your position or make it impossible for you to win your case.
What Kind of Outcome Do They Predict?
As you navigate the attorney hiring process, you must monitor their initial reactions and gut feelings. Pay attention to whether they approach your case with an open mind and genuine curiosity because it matters in proceedings. These subtle cues are invaluable to ensure that your lawyer has the legal expertise and belief in your cause.
In law, trust and conviction are the cornerstones of a successful attorney-client relationship. So, remember, it’s not just about finding a lawyer; it’s about finding the lawyer who believes in you. They must be willing to understand your case from the very beginning. Your legal journey starts and proceeds smoothly when you secure an attorney who stands firmly by your side.
How Much Will They Cost?
Bills are the vital part people don’t talk about in their initial conversation. But you know what? An honest conversation about money and each other’s expectations early on will save you unnecessary stress and hassle later. So, you must have a conversation about the lawyer’s fee and all the bills.
In many cases, the lawyer’s fee is fixed. Like a domain name, arbitration should be a fixed fee. Trademark applications are usually fixed fees. A family trust or a will is a fixed fee. But remember that when a project is a fixed fee, be sure you ask about related bills. What would fall outside the scope of the fixed fee is important. That way, you don’t feel like you’re being overbilled when you see the final statement.
You must also understand that attorneys’ prices are not exact, so you should discuss ballpark ranges. It helps you manage your budget and determine what you are engaging in. Because let’s keep it blunt: a lawyer will cost you heavily.
What Is Their Retainer Fee?
You must have heard the word “retainer,” but do you know what it means? When you would hire a lawyer in the past, it would be considered “retaining a lawyer.” It means that when you engage an attorney, you typically sign an “engagement agreement.” So, if the law firm or the lawyer has no prior dealings with you, they might require you to deposit funds in their attorney-client trust fund.
Essentially, you are paying for them to be on-call for you, like a doctor. You are agreeing to pay them every so often, whether they perform any legal work for you or not. You’re paying for the privilege of always having them there for emergencies or if you have ongoing legal needs.
What Is Their Minimum Billing?
Minimum billing is when you get charged for even a small exchange on the phone or have a brief conversation with your lawyer. So, if you don’t want these charges to mount, try to find it out in the initial conversation. These charges are variable and change from practice to practice.
For instance, my practice charges 0.2. It means I can work for 4 minutes but still charge 12 or 2/10 of an hour. Some practices charge 0.1, and others may bill 15 minutes minimum increments. In the same way, many mid-sized and small law firms don’t charge you for up to 2 minutes on a call.
What Kinds of Out-Of-Pocket Fees Are There?
You’ll ask your lawyer about billing for their time. In some cases, like personal injury, the case might be based on contingency. Contingency means the lawyer takes a cut of the settlement or award. But contingency fees are not always easy. They often increase as the case goes on and usually don’t include out-of-pocket costs. You’ll even be billed for the photocopies that your law firm takes out.
Therefore, ask about every hidden cost. Ask if paralegal and assistant time is included in your contingency case. Ask if costs come off the top or out of your share. When it comes to non-contingency matters, ask about the lawyer’s hourly rate and that of other staff at the firm. Pricing is the common cause of a dispute, so you must clear your expectations beforehand.
Will You Need Expert Witnesses?
Before hiring your attorney, you must assess if your case will require one or more expert witnesses. They are helpful for complex legal matters, particularly in fields like medical malpractice, intellectual property disputes, or personal injury cases. They are professionals in a specialized field and shed light on the facts during the proceedings.
These experts can illuminate intricate technicalities and present evidence that the average layperson might struggle to comprehend. When seeking an attorney, ask about their experience and connections in securing expert witnesses.
Also, what would be the cost to secure those witnesses? If your case needs no expert witness, then it’s okay. However, it’s essential to remember that if you need them somewhere, it will cost you.
What Is Their Projected Timeline?
Ask how much the lawyer expects a project to cost. In transactional matters, the lawyer must be able to provide a range of possible costs and share the variables. For litigation, the lawyer might estimate the case phases so you will know them.
You’ll understand what it costs to file a case and how much it costs to get it through paper discovery. You’ll also know how much depositions might cost and, ultimately, what those costs might be if it goes to trial. It’s also vital to ask about the estimated time before the case is solved. Then, you can decide on whether to hire an attorney or not.
How Much Work Is Done by Associates?
It’s also extremely important because if you are hiring someone, you need their full attention. So, ask them how much work they’ll do themselves and what the associates will share. If you think your lawyer will hand over the complete case to associates, you shouldn’t hire him.
On the other hand, assistants charge a lot less than lawyers, so if there is a lot of work needed for your case, it might be helpful to know that the lawyer will hand off some of it to someone who’ll bill you less.
That’s All
If you liked this article, have requests for more, or have any questions, please comment or contact me at dana@danarobinson.com. I answer questions once a week during my LinkedIn Office Hours. Subscribe to my weekly newsletter at www.danarobinson.com for updates on all of my content and special promotions.