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Compare at least two lawyers before hiring, verify each lawyer’s license through the state where they practice, and read the representation agreement before signing. Focus on experience with cases like yours, who will handle the work, how fees and expenses are calculated, and how the firm will communicate. This is general U.S. guidance; fee rules, deadlines, and other requirements vary by state and by case.
Find candidates, then compare them
Start with personal recommendations, a state or local bar association, or a community or union lawyer-referral service. Depending on your circumstances, free or low-cost legal help may also be available. A referral gives you a name, not proof that the lawyer is the right fit.
The Federal Trade Commission recommends speaking with more than one lawyer before choosing. Ask whether each consultation is free before booking. To prepare, bring a concise account of what happened, your injuries and treatment so far, important dates and documents, and what you hope to achieve. Be candid about unfavorable facts as well as helpful ones; the Federal Bar Association advises clients to be honest about all facts concerning their matter.
Compare the clarity of each lawyer’s explanation and the proposed working relationship, not just a list of past cases. Ask how the lawyer assesses the claim, what could change that assessment, who will do the work, and how you will get updates and important documents.
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Questions to ask at a consultation
- Have you handled injury cases involving circumstances like mine?
- Who will be responsible for my case day to day, and who else may work on it?
- Based on what I have told you, what are the claim’s strengths, weaknesses, and uncertainties?
- What work and major steps do you expect? What could affect the timeline?
- Who will be my main contact, how will updates arrive, and what response time should I expect?
- Is this consultation free, and what fee arrangement do you propose?
- If the fee is contingent, what percentage applies at each stage, and can it change?
- Which expenses are separate from the fee? Who pays them if there is no recovery?
- Are expenses deducted from a recovery before or after the attorney’s fee is calculated?
- Can I read the written representation agreement before signing?
- What should I do next about deadlines or ongoing communications with insurers? Ask for guidance specific to your situation and jurisdiction.
Questions about deadlines and insurer communications can be time-sensitive. A general article cannot determine what applies to an individual claim, so raise those issues directly with a lawyer in your jurisdiction.
Understand the fee and case expenses
A contingency fee generally means the lawyer’s fee is a percentage of an amount recovered. The exact arrangement is contractual and may depend on state rules and the terms you agree to. The FTC says there is no standard fee percentage and that the amount may be negotiable. Its example of 33% is not a national rate, a universal cap, or a guarantee of what a lawyer will charge.
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The attorney’s fee and case expenses are separate. Expenses may include filing fees, depositions, and expert witnesses; examples from state-bar guidance also include service, witness, transcription, and travel costs. Ask which expenses may arise, whether the firm advances them, how they are handled in any recovery, and who is responsible if there is no recovery. Do not rely on the phrase “no fee” to answer questions about costs.
Read the representation agreement before signing
Make sure the written agreement explains the scope of the representation, how the fee is calculated, how expenses are treated, who is expected to work on the case, how either side can end the relationship, and how the firm will communicate and provide documents. Ask the lawyer to explain any unclear wording in plain language. The FTC advises consumers to understand the agreement and get the terms in writing; requirements differ by state, so a general guide cannot determine whether a particular form meets local rules.
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Verify the lawyer’s license and review public records
Check the official lawyer directory or disciplinary agency for the state where the lawyer is licensed. The American Bar Association says current registration and discipline information is maintained by the licensing state. If you have questions about discipline, contact the appropriate state agency. A complaint or record needs context; its existence alone does not establish misconduct.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Know when to pause before hiring
The Federal Bar Association cautions: “Understand that no lawyer can guarantee results in a contested matter.” Instead of relying on a promised outcome, ask for a candid explanation of the case’s strengths, weaknesses, uncertainty, and possible next steps.
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Pause and ask for clarification if the fee explanation is unclear, the lawyer will not provide a written agreement, you cannot tell who will handle the case, or the communication plan does not meet your needs. These are practical reasons to seek answers or compare another candidate, not, by themselves, proof of an ethics violation.
Quick Recap
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Sources
- Federal Trade Commission, “Hiring a Lawyer”
- American Bar Association, “Consumer FAQs”
- Federal Bar Association, “Frequently Asked Questions”
- North Carolina State Bar, “Before You Hire a Lawyer”
- Colorado Bar Association, “How to Choose and Use a Lawyer”
- The State Bar of California, “Before Selecting an Attorney”
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