Last reviewed: October 2026
Hiring an attorney is an important decision, whether the matter is a family dispute, a business conflict, an injury claim, or an employment problem. The right lawyer can explain your options and obligations clearly. Before signing anything, though, it pays to check the lawyer’s license, understand exactly how you will be billed, and read the engagement agreement line by line.
In brief: confirm the license with the state bar, get the fee arrangement in writing, know where any advance payment is held, understand what the lawyer will and will not handle, and remember that you can generally end the relationship if it is not working. Most of these protections come from professional conduct rules that every state has adopted in some form, many of them based on the ABA Model Rules of Professional Conduct.
Start by Defining the Problem
Before contacting anyone, identify the specific legal issue. Lawyers concentrate in different areas: a family law attorney handles divorce, custody, and support; a business attorney handles contracts, partnership disputes, and regulatory compliance; a personal injury lawyer pursues compensation for injuries; and a criminal defense attorney represents people facing charges.
Write a one-page summary with key dates, the names of everyone involved, and any deadline you already know about, such as a court date or a response period on a letter you received. Bring copies of the important documents. This helps the lawyer spot urgent issues quickly, including statutes of limitations that may be running.
The First Consultation Is Already Protected
Many people hold back during an initial meeting because they have not hired the lawyer yet. Under Model Rule 1.18, lawyers generally must keep information from a prospective client confidential even if no representation follows. That protection lets you describe the problem honestly so the lawyer can give a realistic assessment. Find Attorneys’ article on what to know about free consultations covers what that first meeting typically includes.
Verify the License and Track Record
Every state has an official lawyer licensing authority, usually the state bar or the state supreme court, and most offer an online lookup that shows whether a lawyer is in good standing and whether there is any public discipline. The ABA’s Find Legal Help page links to state and local resources.
Then look at relevant experience. Ask how many matters like yours the lawyer has handled in the past few years, in which courts, and who in the office will actually do the work. Online reviews can tell you something about communication and service, but they are not a substitute for checking credentials.
Legal directories such as Find Attorneys can help you find lawyers by location and practice area. Treat a directory listing as a starting point, and confirm the details directly. Find Attorneys’ guide to choosing the right lawyer online offers more on comparing options.
How Lawyers Charge
Model Rule 1.5 requires that fees be reasonable and that the basis of the fee be communicated to the client, preferably in writing, before or shortly after representation begins. The most common arrangements are:
| Arrangement | How it works | What to ask |
| Hourly | You pay for time spent, often in tenths of an hour, at rates that may differ for partners, associates, and paralegals | What are the rates for each person, and how often will I be billed? |
| Flat fee | A set price for a defined task, such as a will, an uncontested filing, or a misdemeanor plea | What exactly is included, and what triggers additional charges? |
| Contingency | The lawyer receives a percentage of any recovery, common in injury cases | Is the percentage taken before or after case expenses, and does it change if the case goes to trial? |
| Advance deposit or retainer | Money paid up front and drawn down as work is done | Is it held in a trust account, and is any unused portion refundable? |
Rules That Protect You on Fees
- Contingency agreements must be in writing and signed by the client, stating the percentage, which expenses are deducted, and whether they come out before or after the fee is calculated.
- Contingency fees are generally prohibited in criminal cases and in most divorce, alimony, and support matters.
- Advance payments for future work generally must be held in a client trust account until earned under Rule 1.15, and any unearned portion must be refunded if the representation ends early under Rule 1.16.
- Fee sharing between lawyers at different firms requires your written agreement and is usually disclosed in the engagement letter.
Separately from the lawyer’s fee, ask who pays court filing fees, expert witnesses, depositions, records, and travel. In contingency cases these costs can be significant, and the agreement should say what happens to them if there is no recovery.
Read the Engagement Agreement Closely
The engagement letter defines the relationship. Under Rule 1.2(c), a lawyer may limit the scope of representation if the limitation is reasonable and you agree, so check whether the lawyer is handling the entire matter or only part of it, such as negotiation but not trial, or a trial but not an appeal.
Look for how additional work is billed, how disputes over fees are handled, whether the agreement includes an arbitration clause, and what happens to your file if either side ends the relationship. Ask about any term you do not understand before you sign. A good lawyer expects those questions.
Set Expectations for Communication
Model Rule 1.4 requires lawyers to keep clients reasonably informed and to respond promptly to reasonable requests for information. In practice, ask how updates will be provided, how quickly calls and emails are usually returned, who your day-to-day contact will be, and how emergencies are handled after hours. Agreeing on this at the start prevents much of the frustration clients report later.
Confidentiality and Conflicts of Interest
Lawyers must protect information relating to the representation under Rule 1.6, subject to limited exceptions. If your matter involves sensitive financial or personal information, ask how documents will be stored and shared, especially if the firm uses cloud services or AI tools.
Give the lawyer the names of every person and company involved so the firm can run a conflict check. Under Rule 1.7, a lawyer generally cannot represent you if doing so would be directly adverse to another client or materially limited by other obligations, unless the conflict can be waived with informed written consent.
Warning Signs
- A guarantee of a specific outcome or dollar amount
- Pressure to sign immediately, or reluctance to put the fee arrangement in writing
- Vague answers about who will handle the case
- A request for payment in cash with no receipt
- Unsolicited contact after an accident or arrest offering representation, which professional rules generally restrict
If the Relationship Is Not Working
Clients generally have the right to discharge their lawyer at any time, although a court’s permission may be needed in a pending lawsuit, and you may still owe for work already performed. Under Rule 1.16, the departing lawyer must take reasonable steps to protect your interests, including returning your papers and refunding unearned fees. Many state bars offer fee dispute arbitration programs for disagreements over bills.
If you cannot afford a private lawyer, the Legal Services Corporation lists federally funded legal aid programs by location, and many bar associations run reduced-fee referral services.
Making the Final Choice
Choosing a lawyer is about more than price or availability. Defining the problem, checking credentials, understanding the fee and the scope of the work, and agreeing on communication before signing gives you a much clearer picture of what you are paying for and what to expect.
Disclaimer
This article provides general information about hiring a lawyer. It is not legal advice, and reading it does not create an attorney-client relationship. Professional conduct rules vary by state, and the ABA Model Rules are a template that each state adopts with its own changes. Check your state bar’s rules and consult a licensed attorney about your specific situation.
