When hiring an attorney, there are several important questions to ask. Your lawyer should be someone reliable, experienced, and knowledgeable. If there is a high chance of the case going to trial, it is also important to find a lawyer with a good win percentage. These are some of the top questions to ask when considering which lawyer to choose.
What types of cases do you focus on, and how much of your practice is dedicated to this area?
It helps to have an attorney whose heaviest focus is on the needed service. For example, imagine that a person who needs an adoption lawyer finds two family law attorneys. One focuses mostly on divorce and custody, and the other focuses more on adoption cases. In that instance, it would likely be better to work with an attorney who focuses on adoption since that individual may know how to predict and address complex issues. Additionally, it helps to know how many years the attorney has practiced law.
Have you handled cases that are similar to mine?
If the case is a simple one, there is a good chance the attorney has handled similar cases. However, when there are complexities or possible complications, it helps to know how the attorney will handle them. Try to identify such problems ahead of time, and ask the attorney specific questions. For example, if a couple is getting divorced and one spouse is not yet a citizen, it is helpful to ask the attorney how custody may be handled in such a situation. Working with an attorney who already knows what to expect and is knowledgeable about laws related to a certain topic helps.
How do you handle billing, and what is your hourly rate?
The type of case often determines the billing structure. An attorney may bill on an hourly basis and require an upfront retainer, which is a deposit. If the attorney spends more time on the case than what the retainer covers, the client may receive a bill. Other attorneys charge a flat cost for a specific service. For example, an attorney may charge a flat fee to draft and file basic paperwork for a small incorporated business. How much an attorney charges per hour often depends on the type of case and the attorney’s experience. For example, a litigator with a high win rate and specialized experience may charge $700 per hour, and a newer family law attorney may charge $150 per hour.
In personal injury cases, it is common to see a contingency structure. This usually means that the attorney takes a specific percentage of the case’s financial award at the end of the case and does not require a retainer. For example, if the client is awarded $1 million, the attorney will receive the percentage of that amount that was outlined in the contract. If the agreed percentage is 35%, the attorney receives $350,000, and the client receives $650,000.
Are there ways to reduce costs by having paralegals handle work?
In most cases, legal assistants and associate attorneys handle a lot of the research and preparatory work in larger law firms. The partners and higher-paid attorneys with more experience look over the work and ensure that it is thorough and accurate. Law firms may agree to offer reduced costs to people with financial hardships. Although it is difficult to get a law firm to handle a case for free on a pro bono basis, it is not impossible. Attorneys may be more likely to offer pro bono services when there is a tragedy or unusual circumstances. All attorneys are supposed to provide at least 50 hours of pro bono work each year, according to the American Bar Association’s recommendations.
What will your strategy for winning or representing my case be?
Some attorneys are more aggressive than others in their tactics. For example, a family lawyer who handles a lot of divorces may try to be more aggressive and encourage a client to seek unnecessary alimony. Keep in mind that aggressive tactics also mean more billable hours in some cases. For someone who is seeking a peaceful divorce with a spouse who is agreeable, an aggressive attorney may not be the right choice. In that case, an attorney who listens to the client’s preferences and presents a solid strategy for finishing an amicable divorce case would be the better choice. However, a person who has a land dispute with a neighbor who retains aggressive attorneys may also need a more aggressive attorney.
What is your plan for keeping me informed about the case?
Many people complain about attorneys not communicating with them or getting a call from a legal assistant asking for information that they do not have enough time to produce. This is another reason to choose an attorney with experience in a specific area. When attorneys have plenty of experience and are good communicators, whether they delegate communication to their assistants or not, clients have ample preparation time and know what is going on during every phase. The attorney should lay out a clear communication plan and should offer more than two contact methods. A good attorney should also be responsive.
Can you tell me what your prediction is for the outcome of my case?
A good attorney will tell a client if the chances of winning are good, fair, poor, or nearly impossible. However, beware of attorneys that guarantee a win or make verbal indications that the outcome of the case is certain. Whether it is a criminal case or a property dispute, the outcome of the case may be favorable or unfavorable despite what an assumption may be. Good attorneys will remind clients that there is a chance of losing or an unfavorable outcome.
Are there alternative ways to handle this case?
In some cases, mediation may be a better choice. Not all attorneys will say this if they want to make money. However, an honest attorney will tell a potential client that mediation or another solution may be better.
Be sure to verify that any independent attorney is licensed by the ABA before signing a contract. Your lawyer should be qualified and competent.