What is your specialty? Start by indicating the general nature of your legal problem. Ex.: “ My spouse and I are separated and we have children as well as joint assets and debts. How much of your practice involves similar cases?” You are looking for an answer somewhere around 50% or higher involving a fact pattern close to yours. An attorney who has a significant divorce practice would be a good choice. If your case is likely to be negotiated rather than fought out in court, ask about this attorney's experience, skills, and success in negotiating cases. If the answer runs something like this - "Well, I mostly handle collections, but I take on the occasional divorce...,” run out the door.
How do you feel about divorces, do you like doing divorce work? If the answer is, "Actually, I hate them, but they are a necessary evil, although not the favorite part of my practice..,” run out the door. The answer you want should have the attorney telling you that this is satisfying work which is enjoyable and why.
What are your fees? Will I receive itemized bills? How often? What can I expect the total fee to be in my case? Can you estimate how long it will be before my legal matter is resolved? You will be quoted an hourly rate for attorney time. An attorney is a professional who is "selling" you expertise by the hour - the expertise and judgment are the product you are paying for. Ask if work done by paralegals and secretaries will be billed to you and if so at what rate. You should expect to receive monthly itemized bills. Although it is impossible to accurately predict the length of time it will take to complete every legal matter, the attorney should be able to ballpark it after asking you a few questions. The answer will depend on the complexity of your legal matter as well as the attorney on the other side of the case. Expect a lengthy process and a significant cost if it becomes adversarial.
Are
there more cost-effective ways to resolve my legal matter?
Although there is no law that an attorney must tell you
about less costly ways of resolving your legal issue, there
is arguably an ethical obligation to do so. It is of course
possible that the only way is to go to court. Be on the
lookout for the attorney who tells you that most of his/her
cases settle out of court due to the attorney's strong negotiation
skills - this should result in savings to you. If the attorney
tells you about mediation, collaborative law, or some other
alternative to litigation, you're talking to an attorney
who is sensitive to your costs. Ask if there is any part
of the case that you can handle on your own which might
save on legal fees.
Will I be hiring you personally, or your firm? Will any junior firm attorneys be working on my case? Look at your retainer agreement: there will be wording in the agreement that will tip you off that you have hired the firm and not the particular lawyer you interviewed - if so, any lawyer in the firm can be assigned to your case. If you want the particular lawyer you interviewed, make that clear and change the retainer agreement. On the other hand, having a junior attorney do some of the work on your case will save you money because the firm should bill them out at a lower hourly rate - ask.
What is a retainer? A retainer is a lump sum of money paid at the start of your case against which the attorney will bill at the hourly rate. You and the attorney will sign a retainer agreement which outlines your rights and responsibilities to each other. Attorneys sue clients for non-payment of fees. Make sure you have a payment plan that you can handle.
How do I know that my attorney will represent my interests? There may be something you feel strongly about - for example - joint custody vs. sole custody. Ask your attorney if there is any philosophical difference between your views and those of the attorney. If the attorney disagrees with your value system and tries to talk you out of something you believe in, run out the door. You will be in conflict with this lawyer sooner or later - get out now.
Will you return my phone calls? This is an extremely important question. You will be calling with issues that are very important to you. Find out if you will get a return call in a length of time which is acceptable to you - one day, two days?
How do I fire an attorney? Will I get a refund on the retainer? Changing attorneys during the course of a case is more common than you may realize. Your retainer agreement will spell out your rights to a refund which generally include a refund of the entire unused portion. On the other hand, if you owe money to the attorney at the time you decide to make a change, expect to pay your bill. One caveat - attorneys are understandably reluctant to take over a case begun by another attorney. If you are unhappy with your lawyer, make an appointment to discuss your reasons. If you work together, you may achieve changes within the attorney / client relationship that will enable you to remain with this attorney. |
