
Last Updated: October 8, 2026
Call the Merritt & Merritt Law Firm today at 404-975-1775. Offices in Atlanta, Savannah, Statesboro, and Houston.
The attorney you hire will shape your entire case, so start by asking the right questions to ask before hiring a lawyer, beginning with their background. (Source: state bar association’s website)
A lawyer who has handled many cases like yours knows the typical challenges, settlement ranges, and courtroom strategies. Ask for a specific number, plus outcomes: did they win, and how much did clients typically receive? Realistic numbers from comparable cases show what your case might be worth.
Not all lawyers go to trial, some settle every case, others fight in court regularly. Ask how many trials they’ve handled in your specific area of law. Insurance companies know an experienced trial lawyer won’t accept lowball offers.
Some lawyers are licensed in certain courts but not others, and your case may be filed in a specific county or federal court.
Verify it yourself through your state bar association’s website by looking up the attorney’s license status and admitted courts, it takes five minutes.
Personal injury cases require experience with insurance companies, medical evidence, and damage calculations. These questions focus on strategy and results.
Ask the lawyer to walk you through similar cases: the injuries, the settlement or verdict amount, and how long it took. A good lawyer will be honest about wins and losses, explaining why some cases settled quickly and what factors mattered.
Some lawyers push hard for settlement, others are quick to file suit. Ask when they push for settlement, when they recommend trial, and how they balance a quick resolution against more money at trial. Also ask how often their cases settle before trial, that reveals whether they’re realistic or overly aggressive.
Understand exactly what you’ll pay, when, and what happens if the case ends early, a written engagement agreement protects you.
Get the exact percentage in writing. Ask whether it rises at trial, whether it’s calculated before or after costs, and whether it steps up at any stage.
Some firms use hybrid arrangements, a lower contingency fee plus hourly rates, or a flat fee for tasks like demand-letter drafting.
A retainer or engagement agreement is a contract. Read it before signing and confirm it addresses:
Never hire a lawyer based on a verbal agreement about fees. Ask for the engagement agreement in writing, read it carefully, and don’t sign until every number and trigger makes sense to you.
Costs differ from attorney fees: filing fees, expert witnesses, deposition transcripts, medical records, court reporters, and investigation expenses add up quickly in a contested case.
Ask which costs the firm advances and which you pay as you go.
Ask for a realistic cost range based on similar cases, whether expert witnesses are likely and roughly what they cost, so you can plan for the deduction.
Watch for agreements that let the firm recover costs from you even if the case loses. That’s not automatically unfair, but you should know it before you sign, not after.
If you treated on a letter of protection or your insurer paid part of your care, those parties may have a lien on your recovery. Ask how the lawyer identifies liens, negotiates reductions, and coordinates payment, firms that routinely handle lien resolution often reduce what you owe.
Ask the lawyer to run a hypothetical: a settlement amount minus the contingency fee, advanced costs, and known liens. If they won’t run that math, that signals how transparent the relationship will be.
The consultation is your chance to evaluate the lawyer. Come prepared with questions and documents.

Know how your lawyer will stay in touch, calls, email, or a client portal, and how often you’ll hear updates.
Ask about their communication style and availability, and whether they can accommodate frequent updates.
Also ask about after-hours communication, personal injury cases move quickly, and you need answers when urgent questions arise.
You might hire a named attorney who doesn’t do all the work, a paralegal or junior attorney may handle your case day to day.
Schedule a Free Consultation →
Ask who your main point of contact will be, and if it’s a team member, ask about their background and tenure at the firm.
Cases move at different speeds. Some settle in months. Others take years. Ask what timeline you should expect.
The lawyer should explain how long investigation takes, when a settlement demand is made, and how long until trial if settlement fails, realistic timelines help you plan.
Show up prepared. Bring documents and information that help the lawyer understand your case.
Bring anything related to your accident or injury, including:
The more you provide, the more accurately the lawyer can evaluate your case and advise on what it’s worth.
Write down your questions to ask before hiring a lawyer and key facts before the meeting, when the accident happened, what you were doing, what injuries you suffered, so the conversation flows better.
Also list your concerns, costs, timeline, case strength, and raise them directly. A good lawyer will address them honestly.
Some warning signs should make you walk away. Trust your instincts when something feels off.
A lawyer who guarantees a specific outcome is making promises they can’t keep.
A lawyer who doesn’t provide a written fee agreement is a major red flag.
Don’t hire the first lawyer you meet. Talk to at least two or three and evaluate them against the same criteria, a written scorecard turns vague impressions into a defensible decision.
Before your first meeting, set up a grid: criteria down the left, a column per lawyer across the top, scored 1 to 5 with a short note. Bring the same grid to every consultation so you ask the same questions in the same order.
Criteria worth scoring:
Between meetings, do independent due diligence rather than relying only on what the lawyer told you:
the American Bar Association’s lawyer referral service is a starting point for locating referral resources and verifying credentials.
Before representation begins, ask:
A lawyer who answers these directly, without defensiveness, is a better sign than one who waves them off.
Fit isn’t only about legal skill. Ask:
Some answers should take a lawyer off your list regardless of the rest of the scorecard:
Once every column is filled in, total the scores and read your notes. If the top scorer still leaves you uneasy, weight ‘fit and rapport’ and ‘red flags’ more heavily, a technically strong lawyer you don’t trust is a poor choice.
Focus on three core areas: relevant experience (how many similar cases they’ve handled and their trial record), fees and costs (whether they work on contingency and what expenses you’re responsible for), and communication (how often you’ll hear updates and who handles your case day to day). Ask for their strategy for your specific situation and realistic expectations about timeline and outcomes. These questions help you evaluate whether the attorney has the expertise, resources, and approach your case needs.
Check your state bar association’s website, which maintains public records of all licensed attorneys and any disciplinary actions. Search by the attorney’s name to confirm their license status and review any complaints or sanctions. You can also ask the attorney directly about their bar standing and any past disciplinary matters. This verification step is essential before committing to legal representation and helps protect you from hiring someone with a problematic record.
Bring all relevant documents: accident reports, medical records, insurance correspondence, photographs of injuries or property damage, receipts for medical treatment and lost wages, and any written communication with the other party or their insurance company. Also bring a list of questions you want answered and a notebook to take notes. Having these materials organized helps the attorney assess your case more thoroughly and provide accurate advice during your initial consultation.
Most personal injury lawyers work on a contingency fee basis, meaning you pay a percentage of your recovery only if the case settles or wins at trial. The percentage varies but typically ranges based on whether the case settles before trial or requires litigation. You should receive a written engagement agreement detailing the fee percentage, what costs you’re responsible for, and how expenses are handled. Always ask for this agreement in writing before hiring to avoid surprises about costs.