10 Questions to Ask Before You Hire a Lawyer

The lawyer you choose can win or lose a case for you. It is important to gain vital information about attorneys before you choose one to represent you in a malpractice lawsuit.

In this Malpractice Guide article, we will outline the 10 questions you should ask before you hire an attorney.

What types of cases do you handle?

You should be looking for a lawyer that specializes in medical malpractice or at least personal injury. You are not looking for a generalist attorney who handles personal injury as just one of many types of cases.

How much experience do you have in personal injury cases?

Experience is crucial to winning. Look for an attorney with years of experience and a good track record of winning.

Do you take cases to trial?

Some personal injury attorneys are only interested in earning a fast payday through a settlement. While your case might ultimately be decided by a settlement rather than a trial, the best attorneys are willing to go to trial if that is what it takes to get you the best outcome of your lawsuit.

Do I have a strong case?

Honest attorneys will do a case evaluation for free before they agree to take your case. If they don’t believe you can win, they’ll let you know. This gives you the option to seek an attorney who likes your chances better, possibly because he or she has more experience in that specific type of case than the first lawyer.

Do you work on contingency fees?

The best personal injury, medical malpractice and dental malpractice attorneys take cases on contingency. This means that they don’t get paid if they don’t settle out of court for you or win at trial.

Will you use experts to support my case?

Many medical malpractice cases are decided on the testimony of expert witnesses. You can be sure that the other side will have expert witnesses. Make sure the attorney you hire is prepared to call experts to the stand that will support your case.

What should I be doing to support the case?

Experienced attorneys will tell you to keep your doctor appointments and follow the doctor’s orders carefully. If you don’t, the other side will use that to show that you are negligent and may be liable for your medical problems.

Will you keep me informed of the case status?

Don’t expect your lawyer to call you every day, but a call from the lawyer’s office when there is any news about your case should be expected. You should also be given the name of a legal assistant you can contact with your questions.

What are your fees if we win the case?

Most malpractice attorneys that specialize in personal injury charge a fee of 1/3 of the settlement or the award in a verdict. Don’t choose an attorney that charges more if the case goes to trial. Some will, but keep in mind that in court trials, awards are generally twice as high as in settlements, and that alone will double the amount the attorney is paid.

Do other attorneys refer cases to you?

If one attorney refers a case to another, the first attorney is usually compensated if the case is won. If the lawyer you are interviewing has other lawyers referring cases to him or her, it means the lawyer is viewed by peers as an expert. That’s a great sign!

These questions and the answers you receive will help you find a competent lawyer with experience and success in the type of case you have. Take your time in interviewing and hiring an attorney. It can be the difference between winning and losing!