Before selecting an attorney, a potential client should interview at least three attorneys who practice regularly in the relevant field of practice. In interviewing each attorney the prospective client should learn not only the attorney’s hourly rates and whether alternative fee arrangements are available but also the attorney’s recommendation for other lawyers who are highly regarded in the same area of practice. The prospective client should also learn as much as possible about the potential issues in any potential litigation such as the elements that a party will be required to prove in order to prevail; the potential defenses and the attorney’s assessment of the strengths or weaknesses of the client’s case.

The most important consideration other than the attorney’s experience is the relationship between the prospective client and the lawyer. The attorney client relationship rests upon a foundation of mutual trust and the quality of the communication. It is vitally important for a client to have trust and respect for the attorney. It is equally important for the attorney to have respect for and trust in the client.

Ask the attorney to describe two or three cases that the attorney has tried to a verdict. Make sure you ask about at least one in which the client was not successful and try to ascertain the attorney’s opinion about the reason the trial did not result in a successful conclusion. Also ask questions about what kinds of damages you might expect to recover if you were successful. And what, if anything, you can do in an effort to increase your potential verdict. Also ask the attorney what percentage of the cases that he accepts are settled and what percentage go to trial. Ask him what percentage if any of the cases he takes are lost on a motion for summary judgment. Ask the attorney how he would go about selecting an attorney if he were in your shoes. You may also ask an attorney whether he carries professional liability insurance and if so the limits of his liability and the name of the insurance company providing him coverage. Always obtain a copy of the written agreement the attorney uses with clients.