Your Initial Client Interview I

August 22nd, 2011 § 1 Comment

Not quite sure what to expect at the initial consultation or interview? No sweat. This post will give you an idea. Some lawyers have an initial consultation then have a follow-up client interview. Other lawyers just have the one initial meeting with you. While different lawyers conduct the initial client interview differently, there are certain things you can expect at any interview. This post will explore those things.

The Initial Consultation/ Interview

I’ll first like to point out that this is an informal meeting and you don’t need to worry about dressing formal or rehearsing your story. Usually, this is your first chance to put a face to the attorney and vice versa. Often, it is also your first chance to tell your story to an attorney. The attorney will then be able to decide four main things (right at the meeting or after a couple of days of review) :

  1. Is there a valid legal case?
  2. Is there a good chance of prevailing?
  3. Can/ Will this person pay for my services?
  4. Do I want to represent this particular individual?

Before the Meeting

You’ve been sued, are thinking of suing, or just want to protect yourself legally. You set an appointment to see the attorney. The attorney and or his/her staff will pre-screen you by asking you some generic questions. This is to start developing an idea of all the qualifiers listed above. You may receive an Initial Interview form to fill out and bring to the meeting, may be asked to fill one out at the meeting or the attorney may fill one out for you at the meeting. This form goes over your basic information such as your Name, Address, Reason for Your Visit, How You Will Pay for Services etc. Once all of this preliminary stuff is out of the way, your interview is next. The initial meeting can take anywhere between  45 minutes to an hour. Sometimes a little longer.

How The Meeting Plays Out

Most lawyers start with an open-ended question. Example: Tell me what’s going on…” Most will also allow you to freely tell your story uninterrupted the first time. This is because frequent interruptions may cause you to lose your train of thought or become a little stressed. Let’s be real, you already feel slightly uncomfortable sitting across from a lawyer, contemplating legal action.

It may be helpful to tell your story in chronological order of time or events, but feel free to tell your story however you want. Don’t worry, the lawyer is trained to get the most (legally) important parts of your story out of you. Some lawyers will take notes as you are talking. Once you stop talking, the lawyer will ask you questions for clarification and to help fill in any gaps.

The attorney will then tell you exactly how much his/her services cost.  Attorney fees can be an hourly rate, a flat fee, or a combination of both. You will be informed that the attorney fees covers only attorney work hours. You will also be informed that out-of-pocket expenses are billed in addition to attorney fees. Some attorneys will give you an estimate of how many hours they anticipate it will take to conclude your case and an estimate of related expenses such as court filing fees. You will also be informed that all the quotes are only an estimate. If there is a retainer required, you will be informed. The “retainer” is a term used loosely and is simply a down-payment for the services to be rendered. True retainers are seldom used these days.

Caveat

Keep in mind, what you think is super important may not be the thing(s) the attorney focuses on. Don’t let this throw you. It is likely because the lawyer’s task is to gather the legally relevant parts of the story. Just remember, the fact that an issue seems to be a big deal to you, seems morally or ethically wrong, or seems obviously unfair to you, doesn’t mean that the particular event or occurrence is legally relevant to your case.

Closing

One of 4 things will happen:

  1. The attorney declines representation (doesn’t necessarily mean you don’t have a valid case)
  2. You decide not to use the services of the attorney
  3. You and the attorney mutually agree to the terms of representation (an agreement will be signed and payment secured or arranged)
  4. The attorney needs a couple of days to make a decision on whether to represent you

Hope this sets your expectations and gives you a general idea what to expect at the initial client interview. See Part II for more on what goes on during the meeting.

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