10 Things You Should Be Doing Before You First Meet With Your Attorney (2 of 3)
Hey, welcome to the second instalment! As you know, people hire an attorney for a multitude of reasons ranging from divorce, to traffic tickets, even to help them become a citizen. Choosing an attorney can be a tiresome process that doesn’t end when you book your first appointment. When you sit down with your potential attorney for the first time, you'll want to make the most of that first meeting. To make things easier, we've prepared a mini series - this being the Second of three - of tips to ensure that you are ready for the first consult with an attorney.
Point #4 – Documentation
In addition to learning about you and hearing your situation, your potential attorney will want to see documents and evidence, both for informational purposes and to help assess the strength of your case. Think about it like this, you wouldn’t want a doctor to treat you without having all the information, so you don’t want your attorney to represent you without having all the correct information either. Being organized when you first meet with the potential lawyer can make the process go much smoother, and prevent future headaches. Not to mention, coming in prepared can often save you some money!
To prepare for your consultation, gather all paperwork you may have that might be related to your case. As stated before, each type of case requires different types of documents. If you can, ask before you schedule your consultation if there is any documentation you should bring with you.
Many times immigration, child custody and divorce cases will require some type of financial documentation, often times that can include (but isn’t limited to): photocopies of the last three years of tax returns, W-2’s and recent pay stubs, your bank account and credit card statements, stock and other financial accounts, business ownership information, and should you have one, any 401-K or retirement plan statements. Cases might need a copy of you purchase receipts, contracts, medical bills, repair estimates, checks written, plane tickets, contracts (such as employment agreements, leases, promissory notes), accident or police reports, witness statements and witness contact information, employment materials, such as an employee handbook.
Depending on your case you might also need to show photos (which could include social media posts and physical photographs), correspondence from family or friends (letters, emails, or text messages) or even letters of support from people you know (family, friends, community members, etc.).
Regardless of the type of legal matter, your potential attorney will want to know who you are and how to contact you. You should be prepared to provide your: home address, employer's name and address, home, work and cell phone number, and your email address. As you are collecting all your documents, try putting them into an organized binder, you will make life much easier for your attorney and reduce the hours spent (and often charged for). Once you’ve gotten all your documents together, you are ready for Step #5.
Point #5 - Questions
During your first consult, the attorney will have plenty of questions for you, but don’t forget that first meeting is also a chance for you to voice your most pressing concerns. Because of the stress of a first meeting, clients often forget the questions they had before their meeting. It is recommended that you write down all your questions before you go. Depending on the type of case you have, the questions can very. Below are a list of possible questions to get the ball rolling.
What are the strengths and weaknesses of my case?
What would you advise me to do about my situation?
Can a timetable be set for my case?
If I hire you, what will you be doing for me, and when and how will we get back in touch with each other?
Is there a statute of limitations, or legal deadline, in my case that we must be careful not to miss?
Will the attorney keep you informed about all developments in your case? For important things, will the attorney allow you to make the final decision?
Is there anything that needs to be prepared in terms of financial accounts?
What would you (the lawyer) like to see in order to evaluate this case?
What are the options for going forward, both legal and non-legal?
How many similar cases have you handled?
What percent of your practice is in the area of expertise that I need?
What problems does the lawyer foresee with your case?
What outcome does the attorney foresee with your case?
You may also want to ask questions pertaining to the advice about the road ahead, possible strategies, nuts and bolts on how your case will be handled by the attorney and their firm, as well as the attorney's legal fees (more on that in the next step). You will want to get details on what kind of procedures to expect in your situation. As you ask the questions you prepared and speak up if you don’t understand. A lawyer should be able to explain, in terms you can understand, not only with what they hope to accomplish for you but also how they plan to do it.
*AN IMPORTANT NOTE*
Sometimes, a lawyer may also try to speed the information gathering process by sending you a questionnaire to fill out in advance of any meeting. If this happens, be sure to fill out the questionnaire and send it in to the lawyer's office beforehand. Often times this is so that the attorney won’t have to review it while you sit there or waste your time gathering the basic information.
Point #6 – Money
When you are at your consult, you are going to want to discuss money. While it may seem awkward or make you uncomfortable, it is important to be honest and upfront about the expected costs. Decide upfront how much money you have to spend on legal fees and be honest with what you can afford. You don’t want to get into a situation where you suddenly cannot pay for your attorney. It is perfectly okay to discuss payment plans with your potential attorney. You should also find out how you should be making payments and if the attorney will send monthly billing statements?
Legal fees can be complex, so you will want to get all the details in your initial consultation. Many attorneys ask for a retainer, which is an amount of money up front, before they will begin to work on your case. If cases are billed hourly, you should find out how much per hour, the expected cost, as well as how much they will be charging if you call with questions. You might want to know if there are different rates depending on who is working on your case. For example, a partner, an associate, and a paralegal, may bill at different rates, so find out what those are and what the breakdown of the workload will be. You should find out if copies of your documents will be included in the charges, and will you be expected to pay for such expenses in advance? In addition to the attorney’s rates, you should ask about additional court or government fees which you will be expected to pay.
You may want to ask what you can do to keep your total bill down (for example, providing documentation, filling out documents to save the paralegal from having to hunt it down, or not calling for an update every three days). As always, you should get your agreement in writing and keep a copy for your file. A written fee agreement is always advisable, and in many states required if the total cost exceeds $1,000.00.
Conclusion
These three steps will get you well on your way to a successful legal experience. In the near future, we will release the final part of three to these mini series. As always, it is our motivation to be part of the solution. Please reach out to our legal team to ensure that we can help in anyway!
Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date. We strongly encourage parties with Immigration issues to seek the advice of a licensed Immigration Attorney. To schedule a consultation today, contact Pham Law.
