The first call with an attorney can feel like a test you didn't study for. It shouldn't. You're deciding whether to trust someone with a problem that matters, and the most useful thing you can do is ask direct questions and listen closely to how they're answered.
About their experience
- How much of your practice is cases like mine? A lawyer who handles your type of matter every week will know the local judges, the insurers, the deadlines and the usual sticking points.
- Who will actually work on my case? Many firms have associates and paralegals doing most of the day-to-day work. That's normal; you just want to know who to expect on the phone.
- Have you handled cases against this company or insurer before? Familiarity with the other side is a quiet advantage.
About money
- How do you charge, contingency, hourly or flat fee? Ask for it in writing.
- What costs am I responsible for besides your fee? Filing fees, expert witnesses and records requests can add up, and how they're handled varies.
- If we lose, do I owe anything? In contingency matters the answer is often "no fee, but possibly costs." Get it clear.
About the case itself
- What are the strengths and weaknesses you see right now? A good attorney will name the weak spots without being asked twice.
- What is the realistic range of outcomes? Beware of anyone who promises a number in the first meeting.
- What deadlines apply, and how close are we? Statutes of limitation and notice requirements can be short.
- How long do matters like this usually take?
About working together
- How will you keep me updated, and how quickly do you return calls?
- What do you need from me in the next two weeks?
None of these questions is rude. An attorney who bristles at them is telling you something useful, too.
Write the answers down while you're on the call. If you speak with more than one attorney, you'll be surprised how much the notes help when it's time to choose.
How to judge the answers you get
Asking the questions is the easy part. The harder part is reading what comes back. Pay attention to specifics. An attorney who says "I handle a lot of these" is telling you less than one who says most of their week goes to cases like yours in the same county. Vague confidence is cheap; details take experience.
Notice how they talk about risk. If you ask about weaknesses and get a quick "don't worry about that," treat it as a gap, not reassurance. The lawyers worth hiring tend to raise problems before you do, because they'd rather set expectations now than explain a disappointing result later.
Watch the pace of the conversation, too. Were you rushed? Did they cut off your story to get to the fee? Did they explain terms like statute of limitations or lien without making you feel slow? The way someone handles a free first call is usually the best preview you'll get of how they'll handle your case once they're being paid.
Questions to ask about the written agreement
Most people skim the engagement agreement and sign. It deserves its own round of questions, because it controls the relationship long after the friendly first meeting. Before you sign, ask:
- Can I end the agreement, and what would I owe if I did?
- If I change lawyers later, how is your fee handled?
- Will you get my approval before accepting or rejecting any settlement offer?
- How often will I see an itemized list of costs spent on my case?
- Will I receive copies of letters and filings, or only updates by phone?
- Who do I contact if my lawyer is unavailable for a stretch?
Settlement authority is the one people forget. Under the professional rules lawyers follow, the decision to accept a settlement generally belongs to the client, and a good agreement says so plainly. If the wording seems to hand that decision to the firm, ask for it to be explained or changed.
Take the agreement home if you can. A lawyer who wants a signature before you've had a night to read it is giving you a reason to keep looking.
A realistic example
Consider a hypothetical: Dana was hurt when a delivery van backed into her in a grocery store parking lot. She set up calls with two injury attorneys, using the same written questions for both.
The first attorney answered quickly and sounded confident, but when Dana asked about weaknesses, he called the case a slam dunk. He couldn't say who would handle her file day to day. The second attorney spent more time on the facts, pointed out that the store's camera footage might be overwritten soon, and said she'd send a preservation letter that week. She named the paralegal who would be Dana's usual contact.
Dana asked both about the agreement. The second firm let her take it home, and its terms said she would approve any settlement. The first wanted a signature during the call.
That evening Dana compared her notes and hired the second attorney. Neither had promised a number. The deciding factor was that one set of answers was specific and matched the paperwork.
Common questions
How many lawyers should I talk to before hiring one?
Two or three is a reasonable number for most people. One conversation gives you nothing to compare against, and more than a handful can blur together and eat into time you may not have if a deadline is close. If the first attorney is clearly a good fit and answers everything well, you don't have to keep interviewing just for the sake of it.
Can I bring a family member to a meeting with a lawyer?
Usually, but ask first. Having a third person in the room can, in some situations, affect whether the conversation stays protected by attorney-client privilege. Some attorneys will ask the family member to step out for part of the meeting, and others will explain how they handle it. If you need someone there for support or to help translate, mention it when you book.
Can I switch lawyers if I'm not happy after hiring one?
In general, yes. Clients can usually end the relationship and hire someone else, and you'll typically sign a form so your file can move to the new firm. In contingency cases, the first lawyer may be entitled to part of the eventual fee for work already done, and the two firms usually sort that out between themselves. Your agreement should describe how it works.
Print your questions with space under each one and fill in the answers during the call, so comparing attorneys later is easy.
