What Questions Should I Ask an Attorney During a Consultation?

By: Mary Okeiyi Ekpu, Esq., RN, BSN

When consulting with an attorney, it's essential to ask questions that help you understand their qualifications, experience, and approach to handling your legal matter. Here are 15 important questions to consider asking an attorney during an initial consultation:

Question #1 - What Is Your Area of Expertise?

Determine whether the attorney specializes in the area of law relevant to your case. Ask about their experience in handling similar cases. Specialization allows an attorney to develop a deep and comprehensive understanding of a specific area of law. This depth of knowledge enables them to provide more effective legal representation to their clients. They are better equipped to navigate the complexities and nuances of their chosen field.

Attorneys with expertise in a particular area of law can develop specialized legal strategies tailored to the unique challenges and opportunities within that field. This can be crucial in achieving favorable outcomes for clients.

Question #2 - How Long Have You Been Practicing Law?

Inquire about the attorney's years of practice and whether they have a track record of successful cases.

"Even though you are paying for an attorney, I always tell my clients - you are your own best advocate." – Mary Okeiyi Ekpu, Esq.

Question #3 - Have You Handled Cases Similar to Mine?

Ask for specific examples of cases similar to yours that the attorney has worked on. Then, inquire about the outcomes of those cases. Specialized attorneys are more efficient at conducting legal research and analysis related to your issues because they are familiar with their chosen field's relevant statutes, case law, regulations, and industry standards. This efficiency can save time and resources for both the attorney and the client. As a client, you should be able to have more confidence in an attorney who specializes in your legal issue. You can have further trust, by knowing that the attorney has the necessary expertise to handle your case competently. This trust is essential for building strong attorney-client relationships.

Question #4 - What Are the Potential Outcomes for My Case?

I always say, here's scenario A, scenario B, scenario C, etc. I also always try to give my clients, the best and worst-case scenarios. Sometimes, it helps put things in perspective. Request an overview of the potential outcomes and realistic expectations for your case, including any challenges or risks involved. If you have no plan, you plan to fail.

Question #5 - What Is Your Approach to Handling Cases?

Understand the attorney's approach to legal representation. Ask how they plan to approach your case, including strategies and timelines. Attorneys who know a consistent way of handling certain cases are better positioned to advocate for their clients in court or during negotiations. These types of attorneys can anticipate opposing arguments and develop persuasive counterarguments based on their in-depth knowledge of the relevant legal principles.

Question #6 - What Are the Legal Fees and Payment Structure?

Discuss the attorney's fee structure, including hourly, flat, or contingency fees. Inquire about any additional costs, such as court fees and expert witness fees.

Question #7 - What Is the Estimated Timeline for My Case?

Get an idea of how long your case is likely to take and the key milestones along the way. Litigation, if not settled early on, can take many years to conclude.

Question #8 - How Will You Keep Me Informed About My Case's Progress?

Ask how the attorney plans to communicate with you and provide updates on the progress of your case. Inquire about their availability for questions and concerns. Set expectations for your attorney. If you would like monthly updates - communicate that. However, also understand that you are paying for the attorney's time. As they say, "time is money and money is time". Those phone calls will cost you!

Question #9 - Do You Have References or Client Testimonials?

Request references from past clients or inquire about client testimonials that can attest to the attorney's performance.

Question #10 - What Are the Potential Legal Strategies for My Case?

Explore different legal strategies the attorney may employ to achieve your objectives and resolve your legal issue. If need be, get a second opinion.

Question #11 - How Will You Address Conflicts of Interest?

Discuss how the attorney will handle any conflicts of interest that may arise during your case. If necessary, make sure that you review any waivers of conflict and ensure you have an understanding of the waiver you may be asked to sign.

Question #12 - What Are the Alternatives to Litigation?

Inquire about alternative dispute resolution methods, such as negotiation, mediation, or arbitration, and whether these might be suitable for your case.

Question #13 - What Is Your Availability and Communication Policy?

Understand the attorney's availability for meetings, phone calls, and emails. Ask about their communication preferences and response times.

Question #14 - Are There Any Immediate Steps or Actions I Should Take?

Seek guidance on any initial actions or documents you should prepare or gather to support your case.

Question #15 - Last of What Questions to Ask an Attorney During a Consultation . . . What Are the Potential Costs and Benefits of Pursuing My Case?

Weigh the potential costs, benefits, and risks associated with pursuing your legal matter. Assess whether the potential outcomes align with your goals.

I think this is a good start . . .

Remember that the initial consultation is an opportunity to assess whether the attorney fits your needs. Ask questions that help you gauge their qualifications, communication style, and commitment to your case. Discussing fees and payment arrangements upfront is crucial to avoid any surprises later on. Have questions? Feel free to leave a comment down below.