Do You Know What Questions To Ask During an Attorney Consultation?


Scheduling a consultation with an attorney is kind of like an interview. You’re trying to decide if the attorney has the skills necessary to successfully resolve your claim. Since you should treat the consultation like a job interview, you need to be prepared.

However, preparing attorney consultation questions takes a bit of advance work. In other words, you don’t want to come up with a list of questions on your way to the consultation. So, what should you ask the attorney? Here’s a look at some of the questions you don’t want to skip over.

What is Your Fee Structure?

Before you decide to retain legal counsel, it’s a good idea to know how much the services are going to cost. If you’re like the majority of accident victims, you don’t have the funds for upfront legal costs. You probably also can’t afford hourly rates.

Personal injury attorneys can accept cases on a contingency fee basis. If you’re not sure what contingency fees are, the idea is pretty simple. You agree to pay your attorney a percentage of your settlement for their legal services. The contingency fee agreement must be in writing and signed by you and the attorney for it to be legally binding.

So, if you agree to pay your attorney 40% of your settlement for their legal representation, and your settlement is $100,000, after paying contingency fees, you receive $60,000. Finding out if the attorney works on a contingency fee basis can be the difference between whether or not they’re the right lawyer for your accident claim.

What Strategy Will You Use For My Case?

Every legal case is different and this affects the legal strategy, which is something you want to cover in the consultation. Ask the attorney about the legal strategies they used in similar cases. Find out if there are any pros and cons to this strategy and if it’s an effective option for your claim.

If the attorney has successfully used specific strategies to win a case, find out why these tactics are successful. Does the attorney have additional ideas if their normal route doesn’t produce winning results?

Does the Attorney Have Experience with Similar Cases?

You may want to do a little research on the attorney before the consultation. You can learn a lot about their experience from a quick online search.

If you’re not sure where to start, try Martin Hubbell Peer Review Ratings. The online site is a great research tool. You can see how attorneys are ranked by their peers to get a good idea of their experience dealing with cases similar to yours.

Some other questions you may want to ask during the consultation can include how long the attorney has been practicing. You may also want to learn more about cases the attorney has handled that are similar to yours. What were the results and what’s the average case timeline are other questions you may want to ask.

Is a Trial My Only Option?

Chances are, you’re trying to avoid a lengthy and potentially costly trial. The attorney you decide to work with should share your goals. Some lawyers do love going to trial, as this gives them the chance to show off their legal skills.

While it’s always great to see an attorney in action, this may not actually be the best course for your particular case. Personal injury claims are typically settled outside of the courtroom, meaning that you want an attorney who’s a skilled negotiator.

If your attorney can negotiate a settlement outside of the courtroom, it’s usually a win for everyone involved. Learning if the attorney is happy skipping the trial process can make a difference in your decision.

Who Will Be Handling My Case?

Have you ever glanced at the names listed at a law firm? Some of the names may garner instant recognition.

After all, pretty much everyone recognizes names like Jonnie Cochran and Robert Shapiro. With names like these backing your case, you can be assured you’re getting top-notch legal representation.

However, just because a law firm is associated with industry stars doesn’t mean one of them will be working on your claim, and this also applies during the consultation. The attorney you meet during the consultation doesn’t necessarily mean it’s the one who’s working on your case.

Finding out who’s responsible for your case can make it easier to decide if you need to consider other legal representation.

What Does the Attorney Expect From You?

You can’t have a productive working relationship with an attorney if you’re unsure of your role. Since this is your case, it makes sense that you have certain duties and obligations. During the consultation, ask the attorney what they expect from you.

Do you only need to supply medical records and other documentation or should you plan on helping to investigate your claim? You should also find out what you shouldn’t do. For example, does the attorney believe talking to witnesses may potentially harm your case?

Do You Have a Strong Case?

Not all injury claims are rock solid. Some have evidentiary gaps or specific laws that may weaken your claim like comparative negligence. If you’re not familiar with comparative negligence, the rule allows more than one party to be liable for an accident.

If you’re assigned more than 50% of the blame, there’s a good chance you don’t have an accident claim. During the consultation, the attorney should be able to review the strengths and weaknesses of your claim. If comparative negligence rules apply, the attorney should be able to explain how it may reduce your claim’s value.

Be Ready for Questions From the Attorney

You may show up with a list of carefully prepared questions for the attorney but you should also be ready to answer any queries the lawyer may have.

To provide you with the best legal representation, you should expect the attorney to have questions about your case. When everyone’s questions are satisfied, it’s easier to have a working relationship with an attorney that produces results. 

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Posted - 07/26/2024