You have one paid hour with an attorney. Here is how to spend it

A first consultation can produce a plan or it can produce a bill for someone reading your paperwork out loud. The difference is decided before you arrive.

Article details
AuthorJunko Halloran
SectionLaw & Legal
Published
Length1,097 words · 5 min
A manila folder of numbered documents, a legal pad with handwriting, and a pen arranged on a table
Fig. 1 — A manila folder of numbered documents, a legal pad with handwriting, and a pen arranged on a table

A first consultation with an attorney is a fixed quantity of expensive attention. What it produces depends almost entirely on what you bring to it. Arrive with a folder of unsorted paper and a story that starts three years ago, and the hour is spent on the attorney reading and asking clarifying questions, which is work you could have done for free. Arrive organized and the same hour produces an assessment, a strategy and a cost estimate.

Preparation is not complicated. It is four pieces of work, and the whole thing takes an evening.

Write the chronology first, on one page

Before you gather documents, write down what happened in date order. Plain sentences, one line per event, no adjectives. "March 4: signed the contract. April 12: paid the deposit of $4,000. May 2: first email asking about the start date. May 19: contractor said materials were delayed."

Keep it to a single page if you can. The discipline of one page forces you to leave out the parts that matter to you emotionally and keep the parts that matter legally, which are dates, amounts, and who said what to whom. If the matter genuinely will not fit on one page, use two, but resist a third.

Write your desired outcome at the top. Not "justice" and not "for them to admit it," but the concrete thing: the deposit returned, the work finished, the lien released, the neighbor's fence moved back to the line. An attorney can assess a target. They cannot assess a feeling.

Assemble the documents in the order of the chronology

Every document should correspond to a line on your page. Contract, invoices, proof of payment, the email thread, the photographs, any written notice, and anything the other side sent you. Number them and reference the numbers on your chronology so the attorney can follow along without asking.

Bring copies, keep originals, and do not leave anything out because it makes you look bad. The document you are tempted to omit is the one the other side will produce, and an attorney who learns about it later has been working from a false picture and has probably given you advice that does not survive contact with it. Say up front where you think you are weak. It is the most useful thing you can give them.

Know what you are being charged against

Fee structures are not interchangeable and the differences are worth understanding before you sit down. Four arrangements cover most work.

  • Hourly. You pay for time, usually billed in increments of a tenth of an hour. Ask whether emails and calls are billed, and what the minimum increment is.
  • Flat fee. A fixed price for a defined task. The definition is everything: ask specifically what falls outside it and what happens if it does.
  • Contingency. The attorney takes a percentage of a recovery and nothing if there is none. Ask whether the percentage is taken before or after case costs are deducted, because the two produce noticeably different checks.
  • Retainer. Money paid up front and drawn against. Ask whether the unused portion is refundable and how often you will see a statement of what has been drawn.

Whatever the arrangement, ask for it in an engagement letter and read it. That letter, not the conversation, is what governs.

Ask these questions, and listen for the shape of the answer

Six questions do most of the work in a first meeting. What are the realistic outcomes here, including the bad ones? What would you expect this to cost to the point of resolution, and what would make it cost more? How long does something like this usually take? Is there a deadline in my case that I need to know about right now? What can I do myself to keep the cost down? If this were your matter, would you pursue it?

The deadline question is the one people most often fail to ask and most often regret. Statutes of limitations, notice requirements in contracts, and deadlines for filing with an agency all run whether or not you know about them, and missing one can end a claim regardless of its merits.

Listen for specificity. A good answer contains ranges, conditions and named steps: "If they respond to a demand letter, three to six weeks and a low four figure cost. If they do not and we file, add several months and it depends on whether they answer." An answer that is all confidence and no conditions should make you cautious rather than reassured.

If the fee is the obstacle, say so early

Attorneys are used to this conversation and it is better had at the start than after an invoice arrives. Several routes cost less than a standard hourly engagement. Your state or county bar association almost certainly runs a referral service that offers a reduced rate initial consultation, often for a modest flat fee. Legal aid organizations handle housing, family, benefits and consumer matters for people under an income threshold, and the threshold is higher than many assume. Law school clinics take real cases under faculty supervision, and many courts run a self help center staffed to explain procedure to people representing themselves.

There is also unbundled representation, sometimes called limited scope. Rather than hiring an attorney to handle the whole matter, you hire them for one defined piece: drafting the complaint, reviewing your settlement offer, or coaching you before a hearing you will attend alone. Not every attorney offers it, but enough do that the question is worth asking, and it converts an unaffordable engagement into an affordable one surprisingly often.

Decide afterward, not in the room

Take notes during, then go home and write down what you understood within the hour, while it is fresh. Compare it against what you wanted before you walked in. If the assessment is that your claim is weak or that pursuing it costs more than it recovers, that is a valuable hour rather than a wasted one, and it is often the most common honest outcome.

It is entirely reasonable to consult two attorneys before engaging one, particularly on a matter with real money at stake. The second conversation goes faster because your chronology and folder are already built, and hearing the same assessment twice is worth the price of the second hour on its own.

Most people find the meeting shorter and calmer than they expected, largely because the preparation has already answered half the questions. That is the point of doing it. The hour is expensive; the evening beforehand is free.

About the author

Junko covers what work costs and why two quotes for the same job differ.