Print this Page

Civil Litigation -
Interviewing and Hiring an Attorney

Northern California Civil Litigation Information

After you have the names of two or three attorneys, call them to schedule an initial consultation. Ideally your first consultation is with the attorney in person, but it may be over the telephone, and you might first need to talk to a paralegal who briefly "screens" your new matter.

Practices vary, but many attorneys will not charge you for the first half hour of an initial consultation. If you have questions about the initial consultation, just ask the attorney or his or her assistant.

So you have your appointment; what next? As soon as you set up your appointment, you should mail, fax or e-mail a copy of your summons and complaint to the attorney along with a note indicating when and how you received the summons and complaint. Also provide liability insurance information you have. Try to take some time and prepare a brief letter to the attorney outlining or summarizing the facts surrounding the complaint and send that to the attorney as well. Be sure to keep any such writings completely confidential. Remember: verbal and written communications between you and your attorney (even an attorney whom you are interviewing but have not retained yet) are confidential and privileged. It is also a good idea to send the attorney your copies of your documents and to keep your originals in a secure place. Once you retain an attorney, then you should turn over your originals to that attorney and retain copies for yourself.

The factors you should consider in hiring an attorney are not unlike the factors you might consider in hiring any other professional. Don't be afraid to ask questions such as:

• · How experienced is the attorney? Not just years as a licensed attorney, but in handling the types of matters you are now facing.
• · How many trials has the attorney had? How many in your type of matter?
• · How is the attorney going to charge you? On defense matters, you will probably pay an hourly rate. Hourly rates vary widely, however three factors which affect attorney's rates include: (1) the type of lawsuit involved, (2) where the lawsuit is venued (located), and (3) the experience of the attorney.
• · Who is going to be primarily responsible for the day-to-day handling of the case? While it may be appropriate for your attorney to delegate certain tasks to a less experienced attorney, a paralegal or other legal assistant, you want to be sure the attorney you are hiring will pay close attention to you matter, and if it goes to trial, be the attorney representing you. There are many excellent young attorneys. But you don't want your attorney "learning the ropes" on your dime, and with your liability at stake.
• · What is the expected budget for handling your matter through trial? At this early stage, it can be difficult for the attorney to predict a precise budget. But the attorney should have a general idea - a range - of the expected overall cost to defend the case through trial. Don't be afraid to ask for a budget.

Far less tangible yet important factors are how you feel about the attorney. Do you feel comfortable with the attorney? Does the attorney make a good impression? Does he seem knowledgeable? These are things you can only pick up after an initial consultation and a few phone calls. Don't hesitate to call the attorney a few days after your initial consultation to talk about your case. The attorney may have some good insights into your case after having some time to analyze your particular matter. In further discussing the case with the attorneys you interviewed, you will likely hone in on the one you want to hire. Trust your gut.

< Previous | Index | Forward >

Mackenroth & Laird LLP
134 Almond Street
Auburn, California 95603
(530) 889-1912
Fax: (530) 889-1962
Contact Us

Home

^Top