B. The Initial Interview

After you find a lawyer who will discuss your case with you, set up an initial interview. This interview will help you obtain a sound evaluation about a legal problem, and helps decide if the attorney you met should be hired. This is also the time to discuss important working details, such as the fee arrangement. Bring all pertinent written information to the initial interview (e.g., copies of contracts, checks, rebuttals to performance reviews, and letters of protest). Tell the lawyer everything related to the matter. Communicate relevant information without inhibition because the discussion is privileged and confidential.

Once the lawyer receives all the pertinent facts, she should be in a position of advising if the matter has any legal validity or consequences depending on state and/or federal law. You should also be advised whether the matter can be resolved through legal assistance. If so, inquire how quickly the lawyer believes the matter can be resolved, what must be done, and how much the lawyer intends to charge for the contemplated services.

If a lawsuit is considered, or if you have been sued and need a lawyer to assist in defense of the case, the attorney will then:

• Decide whether the case has a fair probability of success after considering the law in the state where the suit will be brought

• Give an estimate as to how long the lawsuit will last

• Make a determination of the approximate legal fees and disbursements

• Explain what legal papers will be filed, when, and what their purposes are

• Discuss the defenses an opponent will probably raise, and how to deal with them

If the lawyer sees weaknesses in the case and believes that litigation will be unduly expensive, she may advise to compromise and settle the claim without resorting to litigation. In any event, the chosen course of action should be instituted without delay to be able to receive remuneration as quickly as possible and insure that the requisite time period to start the action (i.e., the statute of limitations) will not have expired.

For all matters, the lawyer should advise what legal work needs to be done, how long it will take, and how much it will cost. Some lawyers neglect to give honest appraisals. Clients are then misled and spend large sums of money on losing causes. Be wary if the lawyer states, "You have nothing to worry about." Prudent attorneys tell clients that "airtight" cases do not exist and that the possibility of unforeseen circumstances and developments is always present.

Tip:If applicable, request an opinion letter, which spells out the pros and cons of a matter and how much money may be spent to accomplish your objectives. Even if you are charged for the time it takes to draft the letter, an opinion letter can minimize future misunderstandings between you and your lawyer and help decide whether or not to proceed with a lawsuit or legal intervention.

It is important to leave the interview feeling the lawyer is open and responsive to your needs, is genuinely interested in helping you, will return your telephone calls promptly, and will prepare and handle your case properly. Although it is difficult to predict how well the attorney will perform, there are certain clues to look for during the interview.

• Does the lawyer present an outward appearance of neatness and good grooming?

• Are you received at the appointed interview hour or kept waiting? Some lawyers believe if a client is kept waiting she will think the lawyer is busy and, therefore, good. Keeping you waiting is merely a sign that the lawyer is not organized or is inconsiderate.

• Does the lawyer leave the room frequently during the interview, or permit telephone calls to intrude? You deserve his complete attention.

• Does he demonstrate boredom or lack of interest by yawning or finger tapping?

• Is she a clock-watcher?

• Does the lawyer try to impress you by narrating other cases he handled? Good lawyers do not have to boast to obtain clients.

• Does he fail to discuss the fee arrangement up front? Some attorneys have a tendency to wait until all work is done before submitting large bills. The failure to discuss fee arrangements at the initial interview may be a sign the lawyer operates this way.

Successful lawyers win cases and make money for their clients. Don't be fooled by appearances. Plush offices, fancy cars, and expensive clothes might be a reason you will pay exorbitant fees for routine legal services. Don't be impressed by the school from which the lawyer graduated. Most law schools do not give their graduates practical training, and many less prestigious "local" law schools provide superior concrete skills, which is what you are paying for.

Be sure the lawyer of your choice will be working on the matter. People often go to prestigious firms expecting their matter to be handled by a partner. They pay large fees and sometimes wind up being represented in court by a junior associate. Be sure the retainer agreement states that the matter will be handled by attorney X (the attorney of your choice).

The major factor in determining whether a particular lawyer should be hired is the amount of experience and expertise he or she has in handling similar legal problems. Use a lawyer who devotes at least 50 percent of her practice to such problems. Avoid inexperienced lawyers if possible. Novices charge less, but often require more time to handle a problem. If you are being charged on an hourly basis, you may pay the same amount of money and not obtain the expertise of a pro.

Hire a lawyer to whom you can relate. Ask the lawyer about his outside activities and professional associations. Inquire if you can speak to any of his previous clients; references will help you learn more about the lawyer. If you do not feel comfortable with the first lawyer you meet, shop around and schedule appointments with others.