 Tips on Hiring a Private Attorney:
Managing the
Interview
What questions should I ask
before I meet with a lawyer?
One way to start the process of hiring a lawyer is to
call several lawyers about whom you have heard. Most
attorneys will offer a free consultation.
Before you commit yourself to a consultation, consider
asking a few questions. The answers will help you choose
the two or three lawyers you wish to interview. Since
this is only a preliminary telephone conversation, ask
questions that can be answered briefly. Here are some
examples.
- Will the lawyer provide a free consultation for the
initial interview on this matter?
- How long has the lawyer been in practice?
- What percentage of the lawyer's cases are similar to
your type of legal problems? (A lawyer with more
experience in handling cases like yours should be more
efficient and knowledgeable. And that may save you
money.)
- Can the lawyer provide you with any references, such
as trust officers in banks, other attorneys, or clients?
- What type of fee arrangement does the lawyer require?
Are the fees negotiable?
- What type of information should you bring with you to
the initial consultation?
Why should I interview a lawyer?
Regardless of why you are seeking a lawyer, you will be
sharing details of your life. You will be relying upon
this person's expertise and advice. Since this person
will be acting on your behalf, it is critical that you
feel comfortable with your attorney. You must have
confidence that s/he will hear your concerns in an
atmosphere of mutual respect. A personal interview is
the best way to make this judgment.
Follow up your exploratory phone calls by scheduling
interviews with at least two of the attorneys. Don't
feel embarrassed about selecting only the best
candidates. You may also need to cancel appointments
with some of the attorneys after you complete all of
your exploratory calls.
What should I look for during the interview?
Come prepared with a brief summary of your immediate
case (including dates and facts) as well as a list of
general questions for the attorney. The purpose of your
interview is to decide:
- if the attorney has the necessary experience;
- if the attorney is available to take your case;
- if you are comfortable with the fee arrangement and,
- most importantly, are you comfortable working with the
attorney?
Since this a free consultation, it may not be a long
meeting. Be concise and approach the interview in a
businesslike manner. Be prepared to take notes. Listen
carefully to the attorney. Observe the office.
What
should I bring to the interview:
 a brief, written summary of your case
a list of questions for the attorney;
cards or a small notebook;
a pen/pencil for notes;
copies of any notices you have received.
During
the interview, what do I ask about their
services? In addition to
any
unanswered
questions from
your
telephone
calls,
ask the
following
questions:
How long has this attorney worked on cases like yours?
Based on your brief description of the problem, ask
about the range of outcomes you could expect (rough
estimate of length of time, cost for legal services, and
size of the award if any). Ask if the case is likely to
be settled or will it go to trial.
Many factors affect how a case is decided. Be
suspicious of any ironclad promises that you will win.
Ask for an opinion as to the strengths and weaknesses
of a case like yours. This should be based on your
lawyer's experience with similar cases.
Ask who will be working on your case. Will this
attorney be doing all of the research, case preparation,
negotiation, and court work? Or will the associates or
non-attorney advocates be handling parts of it? What are
the experience and expertise of these other advocates?
Will other experts (including attorneys) be consulted?
If so, who will they be? If others will work on the
case, what will the fee arrangement be?
These questions are particularly important to ask of
attorneys practicing in large law firms where work is
often delegated to associates and/or paralegals.
Ask
about fees and expenses. These are
not the same. An attorney's fee is
the payment you make for the
attorney's time. Expenses refer to a
variety of other costs including
witness fees, court filing fees,
copying, messenger service, etc. (Negotiating
the Fee)
Ask if the attorney will work out a written fee
agreement with you. (The specifics of the arrangement
should be in writing.)
Ask how often the attorney will bill you. Is a
retainer required? A retainer is an amount of money that
you pay up front before work begins. The attorney will
often send you notices as they use the money.
Decide what type of involvement in
the case you want. Ask if the
attorney is comfortable with that.
(See
Hiring an Attorney as a Coach)
Find out what hours the attorney will be available for
meetings. This may be particularly important if you must
leave work to meet with the attorney. Will you meet in
the evening or weekends? Will the attorney make house
calls or visit a nursing home if needed?
Observe How the Attorney Responds to Your Questions.
- Does the attorney seem organized (take notes, etc.)?
- Does the attorney respond openly and directly to your
questions?
- Does the attorney provide you with written background
material on the topics of interest to you?
- Are the attorney's explanations clear?
Finally, Observe the Physical Surroundings and Office
Staff.
-
Is parking or public transportation available? Would
you feel secure coming alone?
-
Does the office staff appear to be helpful?
-
Do people identify themselves on the telephone so you
know to whom you are speaking
-
Does anyone explain the roles of people with whom you
may be dealing?
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