Hiring a lawyer in the US: questions to ask before you sign

The first consultation is your chance to interview the lawyer, not just the other way round. Going in prepared helps you compare firms and avoid surprises later.

Before the meeting

• Write a one-page timeline of what happened, with dates.
• Gather key documents: contracts, letters, court papers, police reports, medical records, and any deadlines you have been given.
• Check the lawyer's license and discipline history with the state bar. See how to check a lawyer's license.

12 questions to ask

1. How long have you practiced in this area, and roughly what share of your work is cases like mine?
2. Are you licensed in this state, and do you regularly appear in this court?
3. Who will work on my case day to day? Will associates or paralegals be involved?
4. What are the possible outcomes, and what are the main risks?
5. What are the next steps and the likely timeline?
6. How do you charge: hourly, flat fee or contingency?
7. What is your hourly rate, and the rates of others who will work on my case?
8. Do you require a retainer, and is any part of it refundable?
9. What expenses will I pay on top of fees (filing fees, experts, depositions)?
10. How and how often will you update me, and how quickly do you return calls and emails?
11. Are there alternatives to court, such as negotiation, mediation or arbitration?
12. Is there anything I should do, or avoid doing, right now?

Engagement letters and retainers

Once you decide to hire a lawyer, you will usually sign an engagement letter (or retainer agreement) setting out what the lawyer will and won't do, and how fees and expenses are charged. Contingency fee agreements must be in writing and signed by the client. A retainer is commonly an advance payment held in the lawyer's client trust account and drawn down as work is billed. Ask whether any unused amount is refunded.

Red flags

• Guaranteeing a specific outcome.
• Pressure to sign or pay immediately.
• Reluctance to put fees in writing.
• Not licensed in your state for a state-law matter.
• Unsolicited contact soon after an accident. Many states restrict this.

If things go wrong

Raise concerns with the lawyer first. Fee disputes can often go to a state bar fee arbitration program. Complaints about ethics go to the state's lawyer disciplinary authority, and every state has a client protection fund that can reimburse money stolen by a lawyer.