Despite what some popular jokes insinuate to the contrary, lawyers are people, too. They understand that it’s common for potential clients to be nervous or anxious when meeting for the first time. Try to remember that attorneys are there to help you. Knowing what to expect can ease your mind.
Preparation
Being prepared will organize your thoughts, refresh your memory, and do wonders for your comfort level. It will also help to focus the meeting so your attorney can give accurate and relevant advice.
• Gather all significant documents. If your attorney has sent you forms to fill out, complete them in advance and bring them with you.
• Write down a brief timeline of events.
• Make a list of all the issues you are concerned about and any questions you want to be answered before you commit to hiring the lawyer. Sample questions include: What kind of strategy would you recommend for handling my case? What are your rates? What additional costs am I expected to pay? Who else in your office will work on my case?
• Think about what you would like the outcome to be, which will help the lawyer determine whether your expectations are attainable.
Consultation
The meeting is an opportunity for you to tell your story, but it’s also important to get to know each other a bit to make sure you feel comfortable working together. Regardless of the reason you are seeking legal advice (personal injury, criminal defense, divorce, bankruptcy, etc.), be honest and as accurate as possible when describing the events. The lawyer will ask questions designed to focus the discussion on the background facts he or she feels are important.
If the lawyer is willing to take your case and you wish to proceed, you will be presented with a retainer agreement, which should be fully explained to you. Do not sign until you understand it. This agreement is a contract that describes your obligations to the lawyer and the lawyer’s obligations to you, including such details as to how you will receive updates about what’s happening with your case, how much the lawyer is charging to handle your legal issue, whether you’re required to make an upfront deposit and how frequently payments are due.
Payment
If you need a lawyer for a case that doesn’t involve a claim for money (seeking a divorce, criminal defense, filing bankruptcy), then you will have to pay a “retainer” in advance for the work and then pay by the hour once the retainer is spent. Usually, attorneys with more experience have higher rates than novice attorneys, but the cost often evens out because they may take less time to do the same work. Some lawyers are willing to work out a payment plan so you don’t owe everything at once. If you can’t afford the costs that the lawyer outlines, ask if alternative arrangements can be made.
For cases seeking money, such as personal injury or workers’ compensation claims, the lawyer often agrees to accept a fixed percentage of the amount recovered by the client. This is called a contingent fee arrangement and although percentages vary, one-third (33 percent) is common. If you win, either through settlement or trial, the lawyer is paid for the recovery. If you lose, you don’t have to pay the lawyer anything (of course, you don’t get any money either). The lawyer’s fee is different from filing fees and similar court costs, and, win or lose, the client is usually responsible for their payment.
By the end of your meeting, you should leave with a clear understanding of what you have accomplished and what is happening next. If all goes well, you’ve found an attorney with whom you’re comfortable and who wants to represent you. While meeting with a lawyer for the first time is a new experience, it doesn’t have to be an intimidating one.