Ask the Attorney: Hiring an Attorney

A little preparation by clients goes a long way in helping attorneys quickly decide whether to take a case. 

When talking to potential clients for the first time, lawyers need to determine whether they are qualified to help and whether the representation would involve potential conflicts of interest with their existing clients. Before talking to an attorney, take a moment to organize your thoughts and develop a concise and coherent narrative that describes your problem. 

Be sure to make note of all other people who are involved in, or affected by your issue. Keep track of any relevant factual details, but leave them out of your first conversation with a lawyer unless asked.

During this initial conversation, most attorneys will want all of your contact information, a list of names of opposing parties or other people involved in the case, and a brief, big-picture description of your legal problem. If yours is the type of case that the attorney handles, she will then perform what is called a “conflicts check” to determine whether she can ethically take your case. 

Attorneys owe an ethical responsibility not just to current clients, but also to former clients, and consequently they are limited from representing anyone who opposes their existing clientele.

Assuming there are no conflicts of interest, the attorney will contact you to set up an initial consultation. Before going to this first meeting, gather all documents that are relevant to your legal issue, make a list of any questions you have and fill out and return any intake forms or other paperwork the lawyer requests from you. 

Do not forget to bring these documents to the consultation. During the consultation, be completely honest when telling your story and answering the attorney’s questions. It can be tempting to hide embarrassing or unflattering details, but remember that doing so prevents the attorney from giving accurate advice and can seriously disadvantage you later on in the representation.

It is important to understand that you are not necessarily in an attorney/client relationship until you and the attorney sign an agreement to that effect. 

Nonetheless, the attorney has a duty to keep confidential all of the information you share, even if she declines to take your case. This duty exists specifically to protect potential clients and ensure their complete candor when talking to an attorney.  Thus, you need not fear that the attorney will share any information relating to your personal history and legal troubles with anyone else.

(This article is intended as a discussion of legal topics that are often confusing to many lay people; it is not, and should not be relied on, as legal advice. The views expressed in this article are those of the individual contributor and do not necessarily reflect the opinions of the PA Focus. Attorney Jesse White is licensed to practice solely in Pennsylvania and any information discussed relates solely to Pennsylvania law. The hiring of a lawyer is an important decision that should only be made after careful consideration. If you feel you need to hire an attorney, contact The Law Office of Jesse White in at 724-743-4444 or visit www.jessewhitelaw.com.)