Introduction
Let's say you have a legal crisis. You have been arrested, you have been sued, you need to sue someone, you need a divorce - whatever it may be, you are in a bad place and need to turn to the legal system to help you. After reviewing your options, you decide you need to have a lawyer. How do you pick who will represent you? Well, for most people, after doing research, talking to friends, looking online and so on, they will call a lawyer's office (or several, so they can compare) and set up an initial consultation. In that initial consultation, they will seek to learn what the lawyer can do for them, and decide whether or not to actually hire that lawyer.
Many lawyers (my firm included) offer free initial consultations, but most do not. That being said, most of the ones that do not offer free initial consultations still charge a discounted rate for the initial consultation. Regardless of whether or not you are paying, however, the vast majority of initial consultations are limited to half an hour. In this blog post, I will discuss what to do and what to look for so that you can use your half hour to convey to the lawyer the most information possible, get from the lawyer the most information possible, and help you make an informed decision about whether or not to hire that lawyer.
What you should bring to your consultation
In some ways, your consultation begins before you even leave home. This is because you need to decide what to bring with you to the consultation. While it is hard to make generalizations about what you should bring (each case usually has its own requirements), you should bring all relevant documents. If you're being sued, for example, at a minimum you should bring the papers that were served on you. If involved in a contract dispute, bring the contract. Any documents relating to the case that have been given to you by the other side, any formal documents you have sent the other side, etc.
If you are uncertain, usually when you schedule your appointment you can ask the receptionist what to bring. The receptionist will usually have a list, or be able to get one quickly from the lawyer you will be meeting with. It is very important, however, that you bring these relevant documents. I've had way too many consultations with people who wanted me to assess their liability under documents that I didn't have in front of me to review, and by the time they got them to me, they'd already used up their free consultation.
Introduction and Background - 3 minutes
To lead off your consultation, don't talk about the case itself too much. Instead, let the lawyer know who you are. What got you to where you are at today, what has been going on in the days, months, even years leading up to the legal situation you are in. Why might this have happened? What might have been done to avoid it?
This background information lets us get a firmer grasp on the case than if we just dove right in, and also opens up potential ideas for settlement right from the start. For example, when I represent tenants, two tenants with the exact same problem might have very different needs - one who has been a happy tenant for years and this is the first problem to ever arise may just need the problem fixed, while one who has been miserable and this is the straw breaking the camel's back may be more in need of terminating the lease than getting the problem fixed.
Ultimately, you should aim for the introduction and background portion of your consult to be around 3 minutes long. As you can tell, this leaves room for some detail, but not painstaking, extensive details.
Details of your situation - 7 minutes
The next seven minutes or so of your consult should be a discussion of exactly why you're there. Tell the lawyer what situation you are in, what has transpired so far, what efforts (if any) you have made to resolve your situation, and give the lawyer the documents you brought to review. Talk to the lawyer about what your position is on any allegations made, or what allegations you have to make. This is, in many ways, the "meat" of your consultation - the part that lets the lawyer know what's really going on. This is where we learn what kind of case we are truly facing.
Outline your goals - 3 minutes
Spend the next three minutes talking about what you want. Provide the lawyer the "best-case scenario" - the outcome that gives you everything you want. But also provide the lawyer your "minimum" scenario - what is the least you'd be ok with to resolve this matter. Talk about what it is you really want to get out of your case.
Discussion with lawyer - 7 minutes
At this point, the lawyer should have all he needs to start presenting to you what he can do for you. Give the lawyer this opportunity to outline to you his analysis of your case, your legal strengths and weaknesses, and the outline of his proposed strategy. Feel free to interrupt with questions throughout this time period.
The "cost" discussion - 2 minutes
With 2/3 of your consultation now done, this is the point at which to direct the lawyer to discuss how much this is all going to cost you. The lawyer should outline the fee, the basis for the fee, how much of a deposit you will be paying, etc.
Question and answer session - 8 minutes
The rest of your consultation should be spent with the lawyer answering any and all questions you have. These questions should range from questions about your case itself to questions about how the lawyer will handle your case and how you will be billed. This should give you the final pieces of information you need in order to make your decision.
Some questions to ask
So, having never spoken to a lawyer before, it's natural to not know what kinds of questions you should be asking that lawyer. Here are some of the basic questions that I think everyone should be asking in an initial consultation:
- Will you be the lawyer representing me, or will it be someone else in the firm?
- How much of the work will be done by legal assistants/paralegals?
- (For hourly rate cases) What is the hourly rate for each attorney and legal assistant/paralegal in the office?
- What is the minimum time charge per task (or "to how many minutes is your work rounded when billing")?
- Is my fee deposit refundable?
- Is your billing rate negotiable?
- How many cases in this practice area have you handled before?
- How many cases like mine have you handled before?
- How quickly do you typically respond to phone calls and e-mails?
- How many active cases are you handling right now?
- If you were in my shoes, and you couldn't hire yourself or your firm, what attorney/firm would you hire to represent you?
- What do you do to stay on top of changes in the law?
- From what you know of my case so far, what is my worst case scenario?
- If you were representing the other side, how would you argue their case?
Be skeptical if the lawyer gives a large number or says "a lot" to the "how many cases like mine have you handled" question - every case is unique, and a lawyer should make clear that he understands that he probably hasn't handled a case just like yours before. A lawyer unable to point to other lawyers who are good is one you should also be wary of - chances are this means the lawyer has been over-emphasizing self-promotion throughout your consultation. Similarly, be wary of a lawyer who cannot put together a reasonably strong argument in support of the other side - he is much more likely to be blind-sided while preparing your case.
Conclusion
Hiring a lawyer can be a very scary prospect for those going through the legal system for the first time. Much of the purpose of an initial consultation is to help guide you through that process so you can be comfortable with your choice. If you are in a legal crisis in a practice area we handle (family law, landlord/tenant law, contract disputes, appellate litigation, etc.), please feel free to call (703)281-0134 or e-mail me at SLeven@thebaldwinlawfirm.com to set up your initial consultation. Initial consultations at our office are free for up to half an hour!
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