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Hiring a lawyer

Hiring a lawyer can be an expensive and complicated process. However, it is important to remember that you are the one making the final decision about working with a lawyer. This article explains important things to consider when finding and hiring an attorney.

VIDEO: Learn more about when to hire a lawyer.

Considerations before deciding if you want to hire a lawyer

Adults can go to court pro se, which means they do not have a lawyer. People under age 18 must be represented by a licensed lawyer.

If you are an adult, consider the following before choosing whether to hire a lawyer:

  • The court will expect you to follow the same rules and procedures as a lawyer;
  • The other party may have a lawyer even if you do not; and
  • In Illinois, corporations or limited liability companies (LLCs) named as parties in litigation must have a lawyer.

If your case gets too difficult for you to handle alone, you may want to find a lawyer.

How do I know if someone has agreed to be my attorney?

Just because you talk to someone, it doesn't mean they are your lawyer. In fact, it is common for attorneys to offer free consultations. However, this is not always the case. Be sure you fully understand how fees work when you set up your first appointment.

These short conversations can be very important. You are the one doing the hiring. You should make sure you ask all the questions you need to feel like you've found the right lawyer for you. Remember: the lawyer works for you. If they do not like you asking these questions, it may be a sign to look elsewhere for legal help.

Here are some important questions to ask up front:

  • What is the lawyer's area of practice?
  • Does the lawyer have experience with the kind of legal issue you are bringing them?
  • If the lawyer thinks your case will go to trial, does the lawyer have trial experience?
  • How many years of experience does the lawyer have?
  • What type of clients does the lawyer typically work with? Are they used to working with individuals, or businesses?
  • Does the lawyer have experience in that county's courts? (Being familiar with local judges can impact how lawyers approach your legal issue, especially if that judge is known for having a strong opinion about that type of issue)

Be aware that how a legal issue will be resolved is difficult to predict. Just because a lawyer promises a speedy end and a large settlement does not mean those are guaranteed. You should be skeptical of any lawyer who makes big promises. Remember: there are at least two side to a legal issue. Many different things affect a case's outcome.

If you do want a lawyer's opinion of your issue, ask:

  • What are the strengths and weaknesses of my case?
  • Have you ever worked on a case like this? If so, what was the outcome?
  • Do you think this case is more likely to settle, or go to trial?
  • What are the pros and cons of a settlement?
  • What are the pros and cons of going to trial?

You can also ask if the lawyer would be willing to continue representing you on appeal. An appeal happens when the losing party thinks the decision was incorrect and wants to challenge it. You can learn more about the appeal process on the Illinois Court's website.

What should I bring with me when first meeting with a lawyer?

First, it's important to know that depending on the type of legal issue you have, you will need to bring different information and documents. Is your issue civil, or criminal? If you are unsure, read on to learn the differences between the two.

The more organized you can be going into the meeting, the more effective it will be. Whether your legal issue is civil or criminal, you should bring the following things to a first meeting with a lawyer:

  • A written summary of what happened
  • If this is a civil case, what is the issue? In other words, if you are suing someone or someone is suing you, why?
  • If this is a criminal case, what are the charges?
  • All names, addresses, and phone numbers for any people or businesses involved, including witnesses

What should I bring for a civil attorney?

Most often, a civil legal issue involves two people, or a person and a business, who are arguing about something. This usually involves one party suing the other. If you are suing someone, you will work with a Plaintiff attorney.  If you are the one being sued, you will work with a Defense attorney.

Bring all documents related to your case to this first meeting. These could include:

  • Any written communication with the person or business you are suing (text messages, emails, and anything in writing, even if it's a small note),
  • Any bills, contracts, receipts, or other documents that show payment or an agreement to do something in exchange for payment (this could even be a signed check stub with a note written on the Memo line), or
  • Any documents you may have already gotten from the court or from the other person or business related to the issue.

What should I bring for a criminal defense attorney?

Bring all relevant documents. This includes:

  • Statements made to the police,
  • Photos or videos taken during or after the arrest,
  • Arrest documents, or
  • Anything you have gotten from the court.

Write down important names and dates, like the names and badge numbers of the officers who made the arrest. The more information you have, the better a lawyer will be able to give you their honest opinion during this first meeting.

How do I ask about fees and other costs?

It is important to know up front whether this first meeting with the lawyer will be free, or if they are charging a consultation fee. If you are worried about a lawyer charging you for a first meeting, be sure to get how they charge for their service in writing.

Lawyers can charge in a lot of different ways. You should get all the information about fees at the first meeting. Ask:

  • How are fees charged? By the hour, by the outcome of the case, or by the amount won? Or some other way?
  • How much does the lawyer think it will cost for the entire case, from start to finish?
  • When will fees be due?
  • Can I pay in installments?

You should ask to have all this information in writing. You can also ask your lawyer for monthly reports on what they are charging you for and why.

Ask to sign a contract showing that you are hiring this lawyer. The contract should clearly explain how you will be charged. It should also include when you have to pay the lawyer. If you have discussed a payment plan or alternative options, be sure these are clearly written into the contract. If you do not understand something in the contract, ask the lawyer to explain it.

Remember: you are hiring them. If a lawyer is trying to rush you into signing a contract, or does not want to explain something in the contract to you, that may be a sign you should speak to someone else.

Learn more about how lawyers charge for their services. Watch this video to learn more about finding a low-cost lawyer.

What if I just need help, but don't want to hire an attorney to do everything?

Sometimes, you may just need advice on how to complete forms, or just want insight into an issue. This limited help can go by a few different names, but it is frequently called "limited scope representation." Learn more about what limited scope representation means and whether this is an option that works for you.

The Illinois State Bar Association offers a 30-minute consultation phone call for a fixed rate of $25. This may be a good option if you are unsure whether you want to hire an attorney. This can save you the time of traveling. You can also search this directory for a lawyer that meets your needs.

Last full review by a subject matter expert
August 05, 2022
Last revised by staff
December 28, 2023

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Worried about doing this on your own?  You may be able to get free legal help.