Your first in-person meeting with an attorney you're thinking of hiring is important. You and the attorney need to exchange information about your case, and also build rapport and trust. Most often, you'll have a short phone call with the lawyer. If that goes well, you follow up with an in-person meeting.
If you aren't yet certain you plan to hire this lawyer, be sure to ask whether they charge for an initial consultation. Some lawyers do free first consultations. Others might charge as much as several hundred dollars.
What Should I Bring to the Meeting?
Here are some suggestions for what to bring to your meeting.
- A pen and pad of paper (or the electronic equivalent). You'll want to take notes, particularly for any issues or questions that arise.
- A list of questions. If you need legal help, you probably have lots of questions and concerns. It's easy to forget them when sitting face-to-face with an attorney for the first time. Write your questions down (we've suggested several below) to make sure you get answers while you're there.
- Payment for the initial consultation fee, if the attorney charges one. Be sure to discuss this ahead of the meeting. Nothing gets a lawyer-client relationship off on the wrong foot faster than not making your first payment. Immediate payment shows that you're taking the relationship seriously.
- A concise description of the facts of your case. Try to keep these facts to a single page. This forces you to understand the "narrative" of your case and will help you to communicate the key events and issues. Some important details to include would be:
- the names of the people involved
- when and how the dispute or problem began
- the kind of case (contract, divorce, employment, personal injury)
- the facts of the dispute (the "who, what, where, when, and why"), and
- the current status of your dispute.
- Any documents relevant to your case. For example, if you're negotiating a lease and want the lawyer to review it, you should bring a copy of the draft lease. If your case involves personal injuries you suffered in a car accident, the lawyer will want to see a copy of the police report if you have it.
How Should I Act During the Meeting With the Lawyer?
Treat your first meeting as a business consultation. While you're trying to develop a friendly rapport, you also want the lawyer to see you as a serious client with serious needs.
- Be prompt. Lawyers value their time because they often bill by the hour. Showing up late could throw off the lawyer's schedule for the rest of the day.
- Dress professionally. This doesn't mean you need to wear a suit, but wear what you would to a business meeting.
- Let the lawyer do the talking. Once you've described the facts of your case (see above), let the lawyer focus on the facts that appear most relevant. This will help the lawyer to understand the legal issues, which will be important to understanding how to move the case forward.
- Be honest. Remember that, even if you don't end up hiring the lawyer, everything you reveal during your meeting is likely protected by the attorney-client privilege. (One exception to the attorney-client privilege is if you tell the lawyer that you're going to commit a crime. The lawyer could be legally and ethically obligated to report your plans to law enforcement authorities.) Don't try to "sugarcoat" or omit unfavorable facts. The lawyer wants to hear any bad news from you, not from the opposing lawyer later in the case. (In fact, the lawyer's fee contract might mention that the fees will go up if you've withheld relevant information.)
Make Sure the Lawyer Doesn't Have Any Conflicts of Interest
Before you get too far into the meeting, the lawyer will want to know about any possible conflicts of interest that might prevent them from ethically representing you. For example, the lawyer or the lawyer's firm might represent someone on the other side of your case. That's almost certainly a conflict that would prevent the lawyer from representing you. The sooner you learn this, the better.
Get an Understanding of the Attorney's Fee Structure and Related Costs
As part of your initial meeting, it's important to understand the lawyer's fees and how you'll be expected to pay them.
Lawyers charge clients in different ways. Some bill by the hour. Others charge by the project, on a flat fee, or on a contingency basis. A lawyer who charges by the hour might require that you pay a retainer, which is an initial up-front fee that they then bill against at their hourly rate. When the retainer runs out, you'll probably be expected to replenish it.
You might be asked to sign a contract called a retainer agreement or a legal services agreement. This typically spells out the scope of the lawyer's representation of you, as well as the fees and case expenses that you'll pay. It's ordinarily a few pages long. The lawyer should explain it to you. Read and understand the contract before you sign it.
Consider Your Goals for Representation
When you decide to speak with a lawyer, you likely have some idea of the nature of your legal problem. But you probably haven't thought about specific goals or outcomes you'd like the representation to achieve. What, exactly, do you want your lawyer to accomplish for you?
Prepare a list of goals that you want the lawyer to help you reach. Here are some examples:
- review and provide comments on a contract or legal document
- draft a will
- form a new company
- respond to a legal complaint, lawsuit, or threatening letter
- research whether you have a meritorious legal claim against another person or entity
- draft a legal complaint or demand letter to another person or entity, or
- negotiate a lease, contract, or other agreement
Clarify What Will Happen After the Meeting
If you decide to hire the lawyer, be clear about what will happen after your meeting. Follow through on whatever you're asked to do by your new attorney. For example, the lawyer might ask you to send additional documents or information related to your case. When the lawyer asks you for information, it often means that your case can't move forward as you'd like until you provide what's needed.
If it's not clearly spelled out in your representation agreement, ask the lawyer how they'd prefer to communicate with you (typically by email or telephone), and then keep in regular contact. If you call the lawyer's office, don't be surprised or upset if you end up speaking to a paralegal or assistant. The lawyer is busy and simply can't take every call. That said, it's reasonable to expect that the lawyer will return your call fairly promptly. Absent an emergency, one business day is a common practice.
The lawyer might give you advice on how to proceed. This could be especially important when time is short. For example, if your business has been sued and you need to file a response to the lawsuit immediately, you'll want the lawyer to get on the matter right away. By the end of your meeting, you should leave with a clear understanding of what you've accomplished and what's ahead.
Questions for Your Attorney
- How long have you practiced in this area of law?
- How many cases have you handled that are like mine?
- What do you need to see in order to evaluate my case?
- What are my options for going forward, both legal and non-legal?
- What percent of your practice is in the area of expertise that I need?
- Do you usually represent a particular "side" of this issue (for example, employers or employees)?
- What problems do you foresee with my case?
- How would you go about handling this situation? What is the process?
- Would you handle the case personally or pass it on to some other lawyer in the firm? If other lawyers or staff may do some of the work, could I meet them before agreeing to representation?
- How long does it typically take to resolve cases like mine?
- What additional information, documents, or data do you need from me in order to begin work?
- What other steps should I take right away?