Sample Interview Questions
Before interviewing an attorney, determine for yourself the specialized area of law you will require. You want to match it with your prospective attorney's specialty. If you are particularly adventuresome, or if the stakes are high, buy a law treatise in that specialty and read it before hand. Don't be shy about the questions that follow. Your attitude should be that this lawyer is not doing you a favor by taking your case. Instead, he or she should be thankful for the business you bring.
Interview Questions for Prospective Attorneys
- In what area of law do you concentrate? (Does the attorney have an "exclusive practice", or "limited practice" implying a specialty?)
- (Tell the attorney what you want done and then ask), Given your case, how reasonable does the attorney feel your expectations are? (At some point you must obtain a plan of action in writing, get this answer and numbers 6, 7, & 8, drafted into the retainer agreement.)
- How long have you been practicing in this specific area?
- Do you or your firm carry malpractice insurance? If yes, how much is the coverage and what is the amount of the deductible? If the answer is no, leave. (Be sure the "yes" answer finds its way in to the retainer agreement, including the amount of the deductible).
- How long will my case take approximately? (It's ok to get the long and short, but make notes of the answer during the interview).
- How much will it cost me? High to low. (Again, ok to get high and low estimates, but make notes of the answer during the interview).
- What type of fee arrangement can be made with you for this work? Hourly, flat, a mixture of some kind?
- What is your hourly rate or flat fee amount? Will either go up during the course of your work?
- Would you provide three references of past clients with similar cases to mine? (Get them and call to interview, ask them this question: Did "X" call you to say he gave your name in reference?)
- Have you ever been sued for malpractice or had a disciplinary complaint brought against you? (This may feel a little sticky, but it's important information for you to be able to select the right attorney. There is nothing wrong with getting sued or having an ethics complaint lodged against your attorney. There are a lot of "nut" plaintiffs out there. What is important is how comfortable you feel and how honest your attorney is when disclosing this information to you.) What was the nature of the claim against you?
- Do you enjoy your job? Why?
- Can we gave a written engagement agreement that states your obligations and mine? (You must insist that all oral statements of importance to you are reduced to writing in the same agreement that obligates you to pay fees to which you agree).
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