A friend hired a lawyer for a business contract dispute based on a colleague’s recommendation. The lawyer was well-reviewed and seemed confident in the initial meeting. Three months later, my friend had spent $12,000 and the case hadn’t moved an inch. Turns out the attorney specialized in personal injury, not business litigation. He’d taken the case anyway because billable hours are billable hours.
This happens more often than you’d think. Knowing the right questions to ask before hiring a lawyer can save you thousands of dollars and months of frustration. Lawyers aren’t interchangeable. Their specialization, fee structure, caseload, and communication style all directly affect your outcome. These 17 questions will help you find someone who’s actually qualified to handle your specific case and transparent about what it’s going to cost.
Before You Contact a Lawyer
A bit of preparation makes your initial consultation far more productive and helps you spot red flags faster.
- Organize your documents. Gather everything related to your case: contracts, correspondence, court notices, financial records, photos, and any evidence. A portable file organizer keeps everything in order and makes a strong impression. Having these ready shows you’re serious and lets the lawyer assess your situation accurately.
- Write a timeline of events. Create a chronological summary of what happened, including dates. Keep it factual and under two pages. A legal pad notebook is perfect for drafting your timeline and taking notes during consultations. Lawyers bill by the hour, so a clear timeline prevents you from paying for the time it takes them to untangle your story.
- Research the type of law you need. Family law, personal injury, estate planning, business litigation, immigration, criminal defense, and real estate are all distinct specializations. A quick search to identify your legal area helps you narrow your attorney search.
- Check your budget. Legal fees add up fast. Know how much you can spend before the first meeting. This honest assessment prevents you from getting halfway through a case and running out of money.
- Verify the attorney’s standing. Search your state bar association’s website to confirm the lawyer is licensed, in good standing, and free of disciplinary actions. This takes 5 minutes and is non-negotiable.
Specialization and Experience
1. What is your primary area of practice, and what percentage of your caseload does it represent?
Lawyers, like doctors, specialize. You wouldn’t see a dermatologist for a heart condition. The same logic applies here. Ask what percentage of their current cases involve your type of issue. Anything below 50% should give you pause.
A lawyer who handles “a little of everything” can be fine for simple matters like reviewing a lease. But for anything with real stakes (divorce, criminal charges, business litigation, estate disputes), you want someone who spends most of their time in that area of law and stays current on recent developments.
2. How many cases like mine have you handled, and what were the outcomes?
Experience with your specific issue type matters more than total years of practice. A lawyer with 5 years of experience who has handled 100 divorce cases is better positioned than a 20-year general practitioner who does three divorces a year.
Ask about outcomes, but be realistic about what you hear. No ethical lawyer guarantees results. What you’re looking for is familiarity with the process, realistic expectations, and concrete examples of how they’ve handled similar situations. If they can’t name at least a few cases that resembled yours, keep interviewing.
3. Have you handled cases in this specific court or jurisdiction?
Courts have their own rules, procedures, and cultures. A lawyer who regularly practices in your local courthouse knows the judges, the clerks, the scheduling tendencies, and the unwritten rules that affect case outcomes.
This is especially important for family law, criminal defense, and local business disputes. A lawyer who’s never set foot in your county courthouse will spend time (and your money) learning what a local attorney already knows.
Fees and Billing
4. How do you charge, and what’s your hourly rate?
Get the full picture. Attorneys typically charge one of these ways:
- Hourly rate: $150 to $500+ per hour depending on location, specialization, and experience. You pay for every phone call, email, document review, and court appearance.
- Flat fee: A set amount for a defined scope of work (common for simple wills, uncontested divorces, business formations). Typical range: $500 to $5,000+ depending on complexity.
- Contingency fee: The lawyer takes a percentage (usually 25% to 40%) of your settlement or judgment. You pay nothing upfront if you lose. Common for personal injury and some employment cases.
- Retainer: An upfront deposit applied against future hourly charges. Retainers range from $2,500 to $25,000+ depending on the case.
Ask which model they recommend for your case and why. Get it in writing before work begins.
5. What is your estimate of the total cost to resolve my case?
No lawyer can predict exact costs, but an experienced one should be able to give you a reasonable range based on similar cases.
Push for specifics: “What did your last three cases like this cost in total?” If they won’t give any estimate, that’s concerning. If they say “it depends” and leave it there, push harder. A range of $5,000 to $15,000 is infinitely more useful than no number at all.
Also ask what could cause costs to exceed the estimate. Unexpected motions, depositions, expert witnesses, and trial preparation can all push fees significantly higher. Knowing the triggers helps you make informed decisions as the case progresses.
6. What costs are billable beyond your attorney fees?
Attorney fees are just part of the total bill. Additional costs include court filing fees ($100 to $400+), process service ($50 to $150), deposition transcripts ($500 to $2,000+), expert witnesses ($2,000 to $10,000+), copying and document production, travel expenses, and paralegal time.
Ask for a written breakdown of anticipated costs beyond attorney fees. Some firms absorb small costs like copying and postage. Others bill for every single expense. The surprise isn’t the attorney’s hourly rate. It’s the line items you didn’t expect.
7. Do you require a retainer, and how does it work?
A retainer is an upfront deposit that the lawyer draws from as they work on your case. Once it’s depleted, you’ll be asked to replenish it. Retainers typically range from $2,500 to $10,000 for standard matters and $10,000 to $25,000+ for complex litigation.
Ask: How much is the retainer? What’s the hourly rate charged against it? Do you get a refund for unused portions? How often will you receive billing statements showing how the retainer is being drawn down? You’re entitled to regular accounting of how your money is being spent.
Case Assessment and Strategy
8. What is your honest assessment of my case?
This is the moment of truth. A good lawyer tells you the strengths, weaknesses, and realistic range of outcomes. A bad one tells you what you want to hear to get your retainer check.
Listen for specifics: “Your case has strong facts on X, but the opposing party will argue Y, which is a legitimate concern. Based on similar cases, I’d expect a settlement in the range of Z.” Vague optimism without substance is a red flag. You need a lawyer who’s willing to deliver uncomfortable truths early.
9. What is your proposed strategy for handling my case?
Beyond the assessment, you need to understand the plan. Ask about the steps: initial filing or response, discovery, depositions, settlement negotiations, and trial preparation. What’s the recommended sequence, and where are the decision points?
A well-organized lawyer outlines a roadmap with milestones and decision points. They should also explain what happens at each stage and give you the opportunity to make informed choices about how aggressively (or conservatively) to proceed.
10. What alternatives to litigation do you recommend?
Litigation is expensive, stressful, and slow. Depending on your case, mediation, arbitration, negotiation, or collaborative law might achieve a better result at a fraction of the cost.
A lawyer who jumps straight to “we’ll take them to court” without exploring alternatives may be more interested in billable hours than efficient resolution. Mediation costs $3,000 to $7,000 on average. A full trial can cost $50,000 to $100,000+. Ask whether alternative dispute resolution is appropriate for your situation and what the success rate is.
Communication and Process
11. How often will you update me on my case?
Communication gaps are the single most common complaint clients have about lawyers. Set expectations now.
Ask for specifics: Will you receive updates weekly, biweekly, or monthly? Will updates come by email, phone, or portal? Who should you contact if you have questions between updates? A good lawyer proactively communicates, especially when nothing is happening, because silence breeds anxiety. Establish a regular update schedule in writing before engagement.
12. Who else in your office will work on my case?
Associates and paralegals frequently handle portions of client cases. That’s not a problem if they’re qualified. But you should know who they are, what their hourly rates are, and what work they’ll be handling.
Paralegal rates ($75 to $150/hour) are significantly lower than attorney rates ($200 to $500/hour). Having a paralegal handle document review and routine filings saves you money. But if the senior partner you hired delegates the entire case to a first-year associate, you’re paying for experience you’re not getting.
13. What is the expected timeline for my case?
Legal timelines vary wildly. A simple business contract review takes days. An uncontested divorce takes 2 to 6 months. Contested custody disputes can last 1 to 2 years. Business litigation can drag on for 2 to 4 years.
Your lawyer should provide a realistic timeline with major milestones. Ask specifically what could cause delays and what the fastest reasonable path to resolution looks like. Be skeptical of timelines that seem unusually fast. They often indicate the lawyer is overpromising to win your business.
Practical Considerations
14. What do you need from me, and how involved will I be?
Some cases require extensive client participation: depositions, document gathering, court appearances, testimony preparation. Others are mostly handled by the attorney.
Get clear on your role upfront. How much time will this require from your schedule? Will you need to take time off work for court dates? What documents or information should you start gathering now? Knowing your obligations early prevents scheduling conflicts and deadline surprises later.
15. What is your current caseload?
A lawyer juggling 80 active cases may not give yours the attention it needs. There’s no magic number, but if they’re clearly stretched thin (delayed responses, missed deadlines, difficulty scheduling meetings), your case will suffer.
Ask directly: “How many active cases are you currently handling, and do you have the capacity to take on mine without impacting service quality?” An honest lawyer acknowledges when they’re at capacity and refers you elsewhere rather than taking your money and delivering subpar attention.
16. What could go wrong, and how would you handle it?
Every case has risks. The opposing party might be more aggressive than expected. A key witness could become unavailable. A judge could make an unfavorable ruling. Evidence might not be as strong as it initially appeared.
A lawyer who says “nothing can go wrong” is the one most likely to be unprepared when something does. You want someone who has thought through the worst-case scenarios and has contingency plans. Their willingness to discuss risks honestly is one of the best indicators of competence.
17. Under what circumstances would you recommend I settle versus go to trial?
Settlement and trial involve completely different risk-reward calculations. Settlements are predictable: you know the outcome and avoid trial costs. Trials are unpredictable: you might win big or lose everything, and the cost of preparation is substantial.
Ask your lawyer to explain their general approach to the settlement-versus-trial decision. Good lawyers settle when the terms are favorable and the risk of trial isn’t justified. They go to trial when the settlement offer is unreasonable or when the case demands it. What you don’t want is a lawyer who’s afraid of the courtroom or one who refuses to settle out of ego.
What to Mention or Send Beforehand
Sharing these materials before your initial consultation maximizes the value of that first meeting.
- A written summary of your situation. Two pages maximum, chronological, with dates and key facts. Stick to what happened, not how you feel about it.
- All relevant documents. Contracts, agreements, court filings, correspondence, financial records, photos, and any evidence related to your case. Organize them by date.
- Your desired outcome. What do you want to happen? Full monetary compensation? Custody arrangement? Contract enforcement? Business dissolution? Be specific.
- Your budget constraints. Be honest about what you can spend. A good lawyer will tailor their strategy to your budget rather than recommending an approach you can’t afford.
- Questions from this checklist. Send the list ahead so the lawyer can prepare thoughtful, specific answers rather than generic responses.
Typical Cost Range and Factors
Legal costs vary significantly by case type, location, and complexity. Here are realistic ranges for 2026.
Common Legal Matters:
- Simple will or power of attorney: $300 to $1,500
- Uncontested divorce (no children): $1,500 to $5,000
- Contested divorce: $10,000 to $50,000+
- Business formation (LLC or corporation): $500 to $2,500
- Business contract review: $500 to $2,000
- Personal injury (contingency): 25% to 40% of settlement (no upfront cost)
- Criminal defense (misdemeanor): $2,000 to $10,000
- Criminal defense (felony): $5,000 to $50,000+
- Real estate closing: $500 to $2,000
- Estate/probate: $3,000 to $15,000+
- Business litigation: $25,000 to $150,000+
Hourly Rate Ranges by Experience:
- Junior associate (1 to 3 years): $150 to $250/hour
- Senior associate (4 to 8 years): $250 to $400/hour
- Partner: $350 to $700+/hour
- Paralegal: $75 to $150/hour
Location Factor: Attorneys in major cities (New York, San Francisco, Chicago) typically charge 30% to 100% more than those in smaller markets. For many matters, a qualified lawyer in a lower-cost area can handle your case just as effectively.
Red Flags vs. Green Flags
| Red Flag | Green Flag |
|---|---|
| They guarantee a specific outcome. No ethical lawyer can guarantee results. Promises of “we’ll definitely win” should make you nervous, not confident. | They give you a realistic range of outcomes with honest discussion of both strengths and weaknesses of your case. |
| Vague or evasive about fees. If you can’t get a clear answer about cost structure in the first meeting, expect billing surprises later. | Clear, written fee agreement provided before any work begins, with a detailed explanation of what’s included and what’s billed separately. |
| They pressure you to sign immediately. “This offer won’t last” or “you need to act today” are sales tactics, not legal advice. | They encourage you to take time to decide, interview other lawyers, and review the engagement agreement before signing. |
| Disciplinary actions on their bar record. Check your state bar association website. Prior sanctions, suspensions, or malpractice findings are serious warning signs. | Clean bar record with no disciplinary history. Active license in good standing with the state bar. |
| They bad-mouth the opposing party or their lawyer. Professionalism matters. Insults suggest ego-driven decision-making rather than strategic thinking. | They speak respectfully about all parties while still advocating firmly for your position. Professional conduct leads to better outcomes. |
| Unresponsive during the interview process. If they take days to return your consultation call, imagine how they’ll communicate during a critical case deadline. | Prompt, organized communication from the first interaction. Clear response time expectations set from the start. |
Money-Saving Tips
- Get multiple consultations. Many lawyers offer free or low-cost initial consultations (30 to 60 minutes). Meet with at least three before committing. You’ll learn about your case while evaluating lawyers at no or low cost.
- Ask about unbundled legal services. For some matters, you can hire a lawyer for specific tasks (drafting a document, representing you at one hearing) rather than full representation. This can cut costs by 50% or more.
- Consider mediation before litigation. Mediation costs $3,000 to $7,000 versus $25,000 to $100,000+ for trial. If the other party is willing, mediation resolves disputes faster and cheaper.
- Do your own document gathering. Lawyers charge $200 to $500/hour for work that includes organizing your own files. Provide organized, chronological documents and save those hours for legal analysis.
- Negotiate the fee structure. Some lawyers will negotiate hourly rates, offer flat fees for defined work, or agree to hybrid arrangements (reduced hourly rate plus a success bonus). It never hurts to ask.
- Use legal aid if you qualify. If your income is below 125% to 200% of the federal poverty level, free legal assistance may be available through your local Legal Aid Society or state bar pro bono programs.
- Request itemized billing statements. Review every bill line by line. Question charges you don’t understand and dispute any that seem excessive. Billing errors are more common than you’d think.
- Set a budget cap with your attorney. Ask them to notify you when fees reach a specific threshold (like $5,000 or $10,000) so you can reassess strategy before costs spiral.
Quick Reference Checklist
Specialization and Experience
- Primary area of practice confirmed?
- Experience with my specific type of case?
- Familiarity with my local court/jurisdiction?
Fees and Billing
- Fee structure clearly explained (hourly, flat, contingency)?
- Total cost estimate for my case?
- Additional costs beyond attorney fees identified?
- Retainer terms understood?
Case Assessment
- Honest strengths and weaknesses discussed?
- Strategy and milestones outlined?
- Alternatives to litigation explored?
Communication
- Update frequency and method agreed upon?
- All staff working on my case identified?
- Realistic timeline provided?
Practical Considerations
- My role and time commitment understood?
- Lawyer’s current caseload capacity confirmed?
- Risks and contingency plans discussed?
- Settlement versus trial philosophy understood?
Glossary
Retainer: An upfront payment (typically $2,500 to $25,000+) held in a trust account and drawn down as the lawyer performs work on your case. You’re entitled to regular accounting of retainer usage and a refund of any unused portion when the engagement ends.
Contingency Fee: A fee arrangement where the lawyer receives a percentage (usually 25% to 40%) of any settlement or court award. If you lose, you owe no attorney fees (though you may still owe costs like filing fees). Common in personal injury, wrongful termination, and some civil rights cases.
Billable Hour: The unit of measurement for attorney time. Lawyers track their work in increments (usually 6 or 15 minutes) and bill at their hourly rate. A 10-minute phone call billed in 15-minute increments costs one-quarter of the hourly rate.
Discovery: The pre-trial phase where both sides exchange relevant information, documents, and evidence. Discovery includes interrogatories (written questions), document requests, and depositions (recorded sworn testimony). This phase is often the most expensive part of litigation.
Mediation: A voluntary dispute resolution process where a neutral third party helps both sides negotiate a settlement. Unlike a judge or arbitrator, a mediator doesn’t impose a decision. Mediation is typically faster and cheaper than litigation and allows both parties to maintain more control over the outcome.
Helpful Tools and Resources
Legal cases generate a lot of paper. A tabbed file organizer with pockets keeps court filings, correspondence, contracts, and billing statements sorted and easy to find.
Protect original legal documents, contracts, and signed agreements from fire or water damage. A fireproof bag is inexpensive insurance for irreplaceable paperwork.
Take detailed notes during every consultation and phone call. A quality notebook with numbered pages creates a reliable record of conversations, advice, and action items.
- American Bar Association Lawyer Referral - Find a lawyer through ABA-approved referral services in your state. These services screen attorneys for experience and good standing.
- State Bar Association Directories - Every state bar maintains an attorney search tool where you can verify licensing, specialization, and disciplinary history.
- LegalAid.gov - Find free legal assistance if you qualify based on income. Covers civil matters including housing, family law, consumer issues, and benefits.
- FINRA Dispute Resolution - If your legal issue involves investments or broker-dealer disputes, FINRA’s arbitration and mediation program may be a faster, cheaper alternative to court.
Frequently Asked Questions
How many lawyers should I interview before hiring one?
At least three. Most lawyers offer free or low-cost initial consultations, so there’s little cost to comparing options. The differences in approach, communication style, and fee structure between attorneys are often significant. You’ll make a better decision with multiple data points.
Can I switch lawyers in the middle of a case?
Yes. You have the right to change attorneys at any time. The process involves formally terminating the current engagement, requesting your file, and having the new attorney file a substitution of counsel. Watch for any retainer refund issues and be aware that switching mid-case can cause delays.
What’s the difference between a lawyer and an attorney?
In practical terms, nothing in the United States. Both terms refer to someone licensed to practice law. “Attorney” technically implies that the person has been appointed to act on someone’s behalf, but the terms are used interchangeably. What matters is their license, specialization, and track record.
Should I hire a lawyer from a big firm or a small firm?
It depends on your case. Big firms offer deep resources, large research teams, and name recognition, but they charge premium rates and may assign junior associates to routine matters. Small firms and solo practitioners often provide more personal attention, lower rates, and direct access to the lead attorney. For most individual legal needs (divorce, estate planning, small business matters), a well-reviewed small firm or solo practitioner is often the better value.
What should I do if I can’t afford a lawyer?
Options include: legal aid organizations (free for qualifying individuals), law school clinics (supervised students handling real cases), state bar pro bono programs, unbundled legal services (hiring a lawyer for specific tasks only), and online legal services like LegalZoom for simple document preparation. For court matters, you can represent yourself (pro se), though this is risky for complex cases.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Legal needs, costs, and strategies vary based on individual circumstances, jurisdiction, and case specifics. Consult with a licensed attorney in your jurisdiction before making legal decisions. Information reflects general guidance as of early 2026 and may change.