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Hiring a Lawyer to Represent you in a Litigated Matter 1. Remember that you have a choice in this decision. Unlike some health insurance programs where you are limited in who you can treat with, any attorney licensed to practice law in the your state of can represent you if they don't have a conflict of interest. Don't be afraid to ask hard questions of the attorney and truly interview them. 2. Become goal focused. Most lawsuits are filled with emotion. Too many people focus on their anger or frustration without thinking about where they want to be when the case is done. Identify your goals early on or ask the attorney you are interviewing to help you do that. This way you will save money, provide your attorney with direction and have something to work toward. 3. Demand customer service. If you show up at a doctor's office for an appointment and they make you wait 45 minutes past your scheduled meeting time, you usually just sit there. There are normally scores of lawyers that are qualified to handle your case. If your first appointment with a lawyer ends up with you waiting, it's probably a bad sign. We also recommend that before you hire an Illinois attorney that you ask them how they will communicate with you. While it's not reasonable to expect your attorney to be available every moment you need him/her, it is reasonable to expect a return phone call or e-mail within 24 hours. Lay out this expectation up front rather than trying to deal with it once you have hired a lawyer and a problem occurs. Finally, if you hire a lawyer, they should not talk down to you or fail to explain things to you. They work for you and should treat their clients with respect. 4. Clarify upfront how you will be charged before you ask the lawyer to begin working on your case. Lawyers should obtain retainer agreements before they start working for a client, but not all do. Before you ask the attorney to do any work, ask them for a written document that states what the costs will be, how often you will be billed, what up front fees are required, etc. We also suggest that if you are being billed by the hour that you request a monthly billing statement. There have been countless situations where a client did not receive a billing statement for six months and then out of the blue the realize they owe their attorney several thousands of dollars. 5. Ask for the lawyer how they plan to proceed. Once you have told the attorney what your unique situation is, before you retain them, you should have them clarify how they will handle the case. In other words, who is the primary attorney you will be working with, what steps will they immediately take once you hire them and what path do the expect the case to take. They should also, in most matters, be able to point you to numerous similar situations they have handled in the past. Most cases are fact specific, so we don't recommend that you focus solely on the results the lawyer has obtained, but rather make sure that they won't be learning on the go with your case. 6. If what the lawyer is saying seems to good to be true, it probably is. Despite popular belief, most lawyers are honest. There are some that aren't and will say whatever a client wants to hear. If a lawyer is guaranteeing you a result or telling you not to worry about how he will be paid right now, that is a big red flag. Again, if it seems to good to be true, it probably is. 7. Be organized. When you first speak to an attorney that is considering taking you on as a client, they know nothing about your case. Writing down a brief summary of the facts, having a list of doctors (if appropriate to your case), copies of contracts, having a list of receipts, etc. are things that you can do to help your attorney truly understand what is going on in your case. 8. Tell the truth. It sounds simple, but too many people stretch the truth or outright lie when speaking to their attorney. When you talk to a lawyer, even if you haven't hired them, you have attorney-client privilege. That means everything you discuss with them is confidential. If a lawyer starts working on a case for you and then finds out that you haven't been truthful, they are likely to drop your case. That hurts you because you have to start over and many lawyers don't like to get involved as the second attorney. Be honest up front and if the lawyer doesn't want to work with you after hearing the truth then they aren't the right attorney for you anyway. 9. Make sure your lawyer focuses his/her practice on your area of law. When hiring a lawyer we think it is a good idea to make sure that your attorney focuses their practice on your area of law and has a track record to back that up. That doesn't just mean wins and losses, but proof of similar cases they have handled in the past. If you were in a serious car accident, just about any lawyer would want to take on your case, but that doesn't mean that they are the best fit for you. For most practice areas a jack of all trades or general practice attorney won't do. 10. Educate yourself. It's not uncommon for someone to say, "You're my attorney, you tell me what to do." That is part of their job and you can expect that at some point in your case that will happen. At the same time, you will have a much better chance of hiring the right attorney by doing some research. Head to Google and look up the lawyer you are thinking of hiring. Most firms have web pages that will provide a decent biography about the attorney. In addition, if you look hard enough you should be able to find out about cases that the attorney has handled in the past.