
Before hiring a lawyer, ask about four things: their experience with cases like yours, who will actually do the work, how the fee and costs are calculated, and how they will keep you informed. Then check their license with the state bar yourself. A first meeting is also your chance to see whether the lawyer explains things clearly. This guide lists the questions worth asking, what a good answer sounds like, and the warning signs to watch for.
This guide is general information, not legal advice. Rules on fees and advertising vary by state; your state bar publishes the rules that apply.
The short version
- Ask about experience with your exact type of case, not just the practice area, and who will do the work day to day.
- Get every fee and cost in writing before work starts, including what you owe if the case is lost.
- In Florida you have a written right to ask about the lawyer's education, training and experience, and to have the answer in writing.
- What you say in a consultation is confidential even if you do not hire the lawyer.
- Be wary of any lawyer who contacts you first after an accident: Florida bars in-person solicitation and written solicitation within 30 days of an accident.
- Check the license yourself in the state bar's directory before you sign.
The questions at a glance
Use this table as a checklist for the first consultation.
| Topic | Question to ask | What a good answer includes |
|---|---|---|
| Experience | How many cases like mine have you handled in the last few years? | A specific range and examples of outcomes, without guarantees |
| Who works on it | Who will handle my case day to day? | Names, roles and how much the lawyer you meet will be involved |
| Strategy | What are the strengths and weaknesses of my case? | Honest risks as well as strengths |
| Fees | How exactly will you charge me? | The fee type (hourly, flat or contingency) and the numbers, in writing |
| Costs | What costs might there be, and who pays them if we lose? | Typical costs for this kind of case and when they are deducted |
| Timeline | What happens next, and roughly how long will it take? | The next steps and the deadlines that apply to your case |
| Communication | How and how often will you update me? | A method (email, phone, portal) and a response time |
| Conflicts | Do you or your firm represent anyone on the other side? | A clear no, or an explanation of how a conflict is handled |
Questions about experience
Ask how often the lawyer handles your specific type of case, not just the general practice area. A lawyer who mostly handles car crash claims may have less experience with medical malpractice, even though both are personal injury.
- How many cases like mine have you handled, and how many went to trial?
- Are you certified in this area by your state bar or an accredited organization?
- What results have you had in similar cases? (Past results never guarantee yours.)
In some states, including Florida, the state bar certifies lawyers in specific fields after peer review and an exam. LexRanked shows these certifications on profiles; for example, every lawyer in our Miami personal injury ranking is Board Certified in Civil Trial Law by The Florida Bar.
Questions about fees and costs
Get the fee in writing before work starts, and make sure you understand how costs are handled.
- Hourly: What is your rate, and the rates of anyone else who will work on my case? How do you bill (for example, in 6-minute increments)?
- Flat fee: What exactly does the flat fee cover, and what costs extra?
- Retainer: How much is the retainer, and is any unused part refundable?
- Contingency: What percentage do you take at each stage, and are costs deducted before or after that percentage?
Some states cap contingency fees in injury cases. In Florida, for example, the cap is 33⅓% of the first $1 million before the defendant answers the lawsuit and 40% after; see how much a personal injury lawyer costs in Florida.
What rights do Florida clients have before hiring a lawyer?
In injury and other contingency-fee cases, Florida lawyers must give you a Statement of Client's Rights before you sign, and several of those rights are questions you are entitled to have answered.
| Your right | What to ask |
|---|---|
| To know the lawyer's education, training and experience | "What experience do you have with cases like mine? Can you put that in writing?" |
| To know whether other lawyers will work on the case | "Will you handle my case yourself, or refer it or bring in another firm? How would the fee be shared?" |
| To know how costs and fees will be paid | "Is your percentage taken from the gross recovery or after costs?" |
| To be told the possible consequences of losing | "If we lose, what would I owe in costs, and could I owe the other side's fees?" |
| To make the final decision on settlement | "Will you tell me about every settlement offer?" (The answer must be yes.) |
Outside contingency cases, Florida's Rule 4-1.4 still requires every lawyer to keep you reasonably informed, answer reasonable requests for information promptly and explain matters well enough for you to make informed decisions. Ask how they will meet that duty in practice: who answers your calls and how quickly.
Questions about your case
- What deadlines apply to my case, and when is the latest I can act?
- What documents should I gather now?
- What would you do first?
- Are there alternatives to going to court, such as mediation or arbitration?
How to verify a lawyer yourself
Every state's lawyer regulator publishes whether a lawyer is licensed and in good standing; check before you sign anything.
- Find the lawyer in the state bar's online directory (in Florida, The Florida Bar's Find a Lawyer).
- Confirm they are licensed and eligible to practice in the state where your case is.
- Look for public discipline on the profile or the regulator's discipline pages.
- Check that the name and firm match the person who will handle your case.
Our guide How to Check a Miami Lawyer Before You Hire Them shows each step for Florida.
Is what I tell a lawyer in a consultation confidential?
Yes. Under Florida's Rule 4-1.18, a lawyer who learns information from you as a prospective client may not use or reveal it, even if you never hire them. The lawyer also generally cannot later represent someone against you in the same or a substantially related matter if what you said could be used to your disadvantage. You can therefore describe your situation honestly, but bring only the documents the lawyer asks for.
What if a lawyer contacts me first?
Treat it as a warning sign: Florida's Rule 4-7.18 forbids lawyers to solicit clients in person, by phone or by real-time video, and forbids written solicitation about an accident or injury until 30 days after it happened. The ban also covers employees and agents acting for the lawyer, such as a "runner" who approaches you at a hospital or tow yard. A lawyer cannot collect a fee for a case obtained that way. If it happens, you can report it to The Florida Bar.
What if I cannot afford a lawyer or do not know where to start?
The Florida Bar Lawyer Referral Service can connect you with a lawyer for a 30-minute consultation costing no more than $25; call 800-342-8011 (Monday to Friday, 8:00 a.m. to 5:30 p.m.) or use its online request form. Local bar associations run their own referral services in Florida's major cities. If you cannot afford a lawyer at all, contact your local legal aid office.
Warning signs
- A guaranteed result or a promised dollar amount.
- A lawyer or someone on their behalf who approached you in person, by phone or at a hospital, or wrote to you within 30 days of an accident.
- Pressure to sign immediately, or an unsolicited approach soon after an accident.
- No written fee agreement, or vague answers about costs.
- A license that is not active, or public discipline you were not told about.
- No clear answer on who will work on your case.
Frequently asked questions
Is the first consultation free?
Often, especially in personal injury and criminal defense, but not always. Ask when you book.
Should I talk to more than one lawyer?
Yes, if time allows. Comparing two or three lawyers helps you judge experience, fees and how clearly each one explains your options.
What should I bring to the first meeting?
Any documents about your case (letters, contracts, police or medical records, insurance details), a short timeline of events and your list of questions.
Is what I tell a lawyer confidential?
Yes. A lawyer may not use or reveal what a prospective client tells them, even if you do not hire them; in Florida this is Rule 4-1.18, based on ABA Model Rule 1.18.
Can I ask a lawyer for their experience in writing?
Yes. In contingency-fee cases, Florida's Statement of Client's Rights says that if you ask, the lawyer should tell you about their actual experience with similar cases and give you information about special training or knowledge in writing if you request it.
Will the lawyer I meet actually handle my case?
Ask directly. In contingency cases the lawyer must tell you before you sign whether they will handle the case alone or with other lawyers, and if the case is later referred you should sign a new contract naming the new lawyers.
Is it a bad sign if a lawyer calls me after my accident?
Yes. Florida bars lawyers from soliciting clients in person or by phone, and from written solicitation within 30 days of an accident, including through employees or agents.
Where can I get a low-cost first consultation in Florida?
Through The Florida Bar Lawyer Referral Service (800-342-8011): a 30-minute consultation costs no more than $25. Local bar associations in major cities run their own referral services.
What if I am unhappy with my lawyer later?
Raise it with the lawyer first; Florida requires lawyers to keep clients informed and respond to reasonable requests. You can change lawyers, though the first may be owed for work done. For a conduct concern, contact The Florida Bar's Attorney Consumer Assistance Program at 866-352-0707.
Sources
- Rules Regulating The Florida Bar: Rule 4-1.4 (communication), Rule 4-1.18 (prospective clients), Rule 4-7.18 (direct contact with prospective clients) and the Statement of Client's Rights for Contingency Fees
- The Florida Bar Lawyer Referral Service
- ABA Model Rules of Professional Conduct, Rule 1.18 (Duties to Prospective Client)
- Rules Regulating The Florida Bar, including Rule 4-1.5 (fees)
- The Florida Bar: Find a Lawyer
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