Free Consultations: A Primer on What to Expect
Summary: Although the American Bar Association’s (ABA) Model Rules of Professional Conduct do not explicitly require individual attorneys or law firms to offer free initial consultations, many lawyers advertise them. These meetings give prospective clients a chance to gauge whether or not they have a strong case. At the same time, the attorneys have the opportunity to share their expertise and opinions with someone struggling over legal concerns.
Of course, the key to maximizing the time allotted for the free in-person or over-the-phone consultation is being prepared. For that reason, you should take these measures beforehand, during the conversation, and after the discussion:
Preparing for an Initial Consultation
Let’s say you were injured in a Pennsylvania traffic accident along the turnpike. You lost time at work and spent thousands in medical bills as a result of your physical and mental trauma. At this point, you want to see if you should take legal action to recover damages. Therefore, you set up an appointment with a personal injury lawyer that is licensed to practice in the Keystone State.
While you could show up to your meeting with only memories, you would do better to come with solid documentation. This could be anything from copies of medical bills, an accident report, written confirmation from your human resources department that you missed days on the job, or the like. Not all the information you bring may be relevant to an attorney, but it’s better to have the items available. To save time, organize them so they’re at your fingertips without wasting minutes hunting through a pile of random loose papers.
In addition, write down some questions that you would like answered by the attorney. Although the legal professional you see may not be able to respond to all of them immediately, you won’t forget your major talking points.
During the Initial Consultation
When you get to the initial consultation, you will likely have a limited time to talk with the lawyer. Consequently, be ready to get right to the heart of your matter. During the discussion, what you say will generally remain confidential per the ABA’s Rule 1.18 governing client-lawyer relationships. Even if you do not retain the lawyer you meet with, you should expect him or her to use discretion with information you reveal.
Bring a notepad to write down information and ideas generated during the conversation. The attorney will ask many questions; answer them to the best of your ability. Don’t be afraid to be honest: The more upfront you are, the better the lawyer can help you decide what your rights are and what the wisest course of action might be.
As the discussion continues, listen as much or more than you talk. This will help you determine how you feel about the lawyer. Do you feel comfortable with him or her? Are you getting a good sense of what he or she can do for you? When appropriate, ask your written questions so you can make the best decision about potentially retaining the lawyer.
Remember that you’re under no obligation to retain any legal counsel at the time of your free consultation. Unless you’re sure that you’re ready to move forward, you can leave to digest your experience and weigh your options.
Following the Initial Consultation
Following your free initial consultation, think about what happened. Reflect on what you heard and how everything was explained to you. Then, decide what your next step will be. For some, it’s retaining the help of the attorney. Others choose to get a second or third opinion at another firm. And many realize that they are not ready to pursue legal action.
In some situations, the attorney you met with may promise to get back to you with extra information. If they act quickly and efficiently, you’ll know that they likely follow through on their intentions. If they never contact you again, you’ll know that they weren’t the right match.
At the end of the day, neither side loses from a free initial consultation. In fact, the experience can be a good way for a prospective client and lawyer to become aware of one another without any strings attached.