Many of your questions about the process can be answered during the initial consultation. However, not all questions can be answered at that time with any degree of certainty. For example, there is no way for the lawyer to know at the initial meeting what the case is worth, how long before it will settle, or whether you will have to go to court. More questions will arise in your mind in the weeks and months to come. Do not hesitate to call your lawyer for answers-that is why he or she is there.
During the initial consultation, tell the lawyer that you want to receive copies of all letters sent out on your behalf. Many lawyers make this a practice for several reasons. First, they feel they have an ethical obligation to keep their clients informed about their cases. But further, an informed client is often a very helpful client. Clients who take an active interest in their case provide important details that might otherwise be overlooked. They can also correct mistakes made by the lawyer or his or her staff. While the lawyer has the legal expertise, no one is more aware of the factual background of the case than the client. The team approach helps the client feel involved and respected, and it helps the lawyer do a good job for the client.
Ask the lawyer who interviews you if he or she will be the one who will actually handle your file. If the lawyer you meet is one of the firm’s senior partners, it is likely that your case will be handed off to an associate. This is information you are entitled to receive before you sign a fee agreement. You should insist that the lawyer who interviews you stay actively involved with your case, if that is the lawyer with whom you are most comfortable.
Also ask the lawyer who interviews you about his or her credentials as a trial attorney. Ask how many jury trials he or she has taken all the way to verdict. Many trial lawyers are afraid to try cases in front of juries and will ultimately settle for whatever they can get. You need a lawyer who is willing to take your case all the way-if necessary. The law firm you hire should not be afraid to spend thousands of dollars getting your case ready for trial, if necessary. If medical testimony is necessary, ask for an estimate of what it is going to cost to bring the case before the jury. You should confirm clearly at the initial interview that the firm is willing to spend the money that needs to be spent.
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