Whether it’s a criminal charge, a divorce, or a property/business dispute, there may come a point when you need to appoint an attorney, and for many of you, it will be the first time. You no doubt have an idea of how a consultation works, but as that idea may come from cultural references and TV, expectations may differ from reality.
So, let’s take a closer look at that initial meeting and discuss what you can expect during your first consultation with an attorney.
What a First Legal Consultation Is (and Isn’t)
Scheduling a consultation doesn’t mean you have retained the attorney’s service. You may have to pay for the session (although many attorneys offer free consultations, including here at County Law Center), but you have no obligation to hire them, and they’re not obligated to accept you.
The purpose of the consultation is to discuss the facts of the case, get to know your attorney, and get some preliminary opinions.
They want to know the facts, as well as your preferred approach—do you want to get things over with quickly or do you want your day in court?
You need to size them up, determine if they’re a good fit, get their opinion on the projected outcome, and learn their pricing structure.
That’s it, and that’s why the first consultation is often a short meeting/call lasting just 30 minutes on average. A consultation is not:
- A way for the attorney to get some easy money from you
- A cold, fact-focused meeting devoid of empathy and pleasantries
- A way to “trick” you into revealing unknown facts about the case (always be upfront and honest with your attorney)
There’s also a common misconception that only the guilty need attorneys and only for big cases. You can and should retain an attorney’s services any time you need legal help or advice, even if you did absolutely nothing wrong and there’s no evidence to the contrary.
How to Prepare Before Your Appointment
To make sure you cover the most important points and ask the right questions, prepare for your visit using the following checklist:
- Prepare Your Questions: Don’t rely on your memory—write all of your questions down in advance. If it’s your first time, and you’re also juggling the stress of legal issues, you may forget everything you wanted to ask.
- Dress Business Casual: Dress pants and a shirt for men; a conservative dress for women. You want to be comfortable, but somewhat formal. Set your alarm, as it’s definitely not fashionable to be late for an appointment with an attorney.
- Gather Relevant Documents: Print copies of any important documents and give them to the attorney.
- Take Notes: It’s not rude to take notes, and it will help you remember key details.
- Check their Fees: Ask about their fees. Do they charge an hourly rate or a fixed price? Can they give you a total estimated cost?
- Turn off Your Phone: You want to maximize the time you have with them and show them that you’re professional, so avoid distractions by turning off your phone.
- Take a Friend/Loved One: If you’re anxious about the consultation or worried you may forget something, take a friend or family member along for moral support.
What Information the Attorney Will Ask For
The attorney will ask for all the specifics—what, when, how, and where. They’ll request some basic personal information (name, address) from you and any other relevant parties, and will also ask what you hope to achieve.
They will ask to see documents that support your case, such as correspondence, citations, and photographs, and will also check for conflicts of interest to ensure they’re the right person for the job.
Questions You Should Be Ready to Ask
Remember, you haven’t hired them yet, so in addition to asking about the case, you should also ask questions such as:
Have You Handled Any Cases Like Mine Recently?
A great way to check their experience in a specific area of law. If they answer in the affirmative, push them for more details. You can always confirm the facts later using county courthouse records.
What Do You Think About My Case?
You want their honest opinion on whether or not you have a case, how they think things will transpire, and what your strengths and weaknesses are.
Do You Have a Specific Strategy for My Case?
Your expectations may differ from their strategy, and while they’re the expert, you also need to be comfortable with their approach.
How Do You Structure Your Fees?
Some attorneys charge a flat rate for straightforward cases, while others will charge you hourly or ask for a retainer (a large amount from which they deduct payments as they progress). They may even offer contingency fees, whereby they take their fee from the settlement (common in personal injury cases).
Confidentiality and Attorney-Client Privilege
Attorney-client privilege protects confidential communications between a client and an attorney, and extends to all written and verbal forms. This privilege extends to consultations, even if you don’t eventually hire the attorney, so it’s important to be 100% upfront and honest.
There are exceptions to the attorney-client privilege, such as if the client seeks advice with the intent of using it to commit a criminal act, but generally, anything you say will stay between you and the attorney.
Possible Outcomes of the First Meeting
The attorney will review the facts and evaluate the case, after which they may:
- Assess the strengths and weaknesses of your case, including risks and potential legal issues
- Formulate a strategy, such as filing certain motions or preparing for a trial
- Summarize your chances with a best and worst-case scenario
- Discuss their fees
At this point, you can still back away. Whether you paid for the consultation or not, you’re under no obligation to hire them. If you choose to work with them, they may give you some advice on the next steps, such as preserving evidence and avoiding speaking to certain individuals.
Next Steps After the Consultation
Should you choose to hire the attorney, you will be asked to sign an agreement and you should request a copy of that agreement. Read it before you sign, making sure you understand the fee structure, and keep records of all communication and agreements going forward.
If you weren’t happy with the consultation and feel like there are better options, you’re free to explore them. There are over 1.3 million attorneys in the United States, including nearly 200,000 in California alone, and most also offer short, introductory consultations.
How to Decide If This Attorney Is the Right Fit
Confidence, knowledge, critical-thinking skills—these are all great traits in an attorney, but you also need someone who has worked on similar cases and has the experience to support that. Just as importantly, you should be comfortable around them and feel like they will be there when you need them, whether it’s a quick email, a phone call, or a meeting.
If they tick all of these boxes and you’re happy with their pricing structure, you’re ready to take the next step.
For professional representation backed by decades of experience, contact County Law Center today and schedule a free consultation.