Before you hire a litigator: the questions that separate a fighter from a strategist

The questions that matter most

Before you hire a litigator, ask how much of their practice is litigation, whether they have handled disputes like yours from both sides, what they think your realistic options are, who will actually do the work, how you will be kept informed, and how fees and expenses are billed. Then check their license with the State Bar of Texas. The answers tell you more than any website or award list.

I have been licensed in Texas since 1995 and practiced in New York City from 2001 to 2006, and I sit on the other side of these questions in nearly every first meeting. I welcome them, because a client who asks good questions usually ends up with a lawyer who fits. What follows is the list I would give a friend, including for a meeting with me. It is general information, not legal advice about your matter.

Ask about cases like yours, on both sides

Litigation is a specialty within law. A lawyer who mostly drafts contracts or handles real estate closings may be excellent at that work and still be the wrong person to take depositions, argue motions and try a case. Ask what share of their time is spent in disputes, and whether they have taken cases through trial and arbitration, not just through settlement.

Then ask about your kind of dispute specifically. A partnership breakup, a non-compete fight, a construction payment dispute and a fraud claim each have their own patterns. Equally important is whether the lawyer has represented the other side of such cases. I represent plaintiffs and defendants, and having sat in the opponent's chair is what lets me anticipate their next move instead of reacting to it.

• How much of your practice is litigation, and how much is transactional work?
• Have you handled disputes like mine, and on which side?
• Have you tried cases to a verdict and handled arbitrations?
• Are you admitted in the courts where my case could be heard, including federal court?
• What happened in a matter similar to mine, and what would you do differently?

Ask how they would approach your goal

A good first meeting should feel like a diagnosis, not a sales pitch. Ask the lawyer what they see as the strongest and weakest parts of your position, what information they still need, and what the realistic paths are: a letter, negotiation, mediation, arbitration if your contract requires it, or a lawsuit. If they cannot name a weakness, they have not looked hard enough, or they are not telling you.

Then tell them what you actually want, and watch how they respond. Your goal might be getting paid, stopping a former employee from using your customer list, exiting a partnership cleanly or making a lawsuit go away at the lowest total cost. Litigation is a tool for reaching that goal. A lawyer who builds the plan around your outcome, rather than around winning every skirmish, will usually cost you less and serve you better.

• What are the strengths and weaknesses of my position as you see them today?
• What are my options besides a lawsuit?
• What would you need to learn before giving me a firmer assessment?
• How does my goal change the strategy you would recommend?

Ask who does the work and how you will hear about it

In many firms, the lawyer you meet is not the only lawyer who works on your case. That can be efficient, since routine tasks belong with less expensive timekeepers, but you should know who is doing what. Ask who will draft the key motions, take and defend the depositions, and stand up in court. Ask who your day-to-day contact is.

Communication is where most client frustration comes from, so ask about it directly. How quickly are calls and emails returned? Will you see drafts before they are filed? Will you be consulted before settlement offers are made or answered? I make a point of being highly communicative, because a client who knows what is happening makes better decisions and has fewer surprises.

Ask how they think about settlement and trial

Most civil disputes resolve before a verdict, through negotiation, mediation or a settlement reached on the eve of trial. That makes a lawyer's view of settlement one of the most important things you can learn in a first meeting. Ask when they typically start settlement conversations, how they decide whether an offer is worth taking, and whether they will tell you plainly when they think you should accept something you do not like.

Then ask the opposite question: are they prepared to try the case? Settlement leverage comes from the other side believing you will go to trial and do well there. A lawyer who has never stood in front of a jury, or who treats every case as a settlement exercise, gives that leverage away. I prepare each case as if it will be tried, and I have tried cases in federal court, because that preparation is what produces fair offers.

• When would you expect the first real settlement discussion in a case like mine?
• How do you decide whether an offer is worth recommending?
• Will you tell me if you think I should settle, even if I do not want to hear it?
• How often do your cases go to trial or a final arbitration hearing?

Ask about fees before you need to

Money is awkward to discuss in a first meeting, and that is exactly why you should. Ask how the lawyer charges, whether hourly, contingency, a fixed fee for a discrete task, or a mix, and how expenses such as court reporters and experts are handled. Ask for a rough budget by stage rather than a single number, and ask what would make the case cost more than expected.

Get the arrangement in writing. For contingency arrangements, Texas Government Code Section 82.065 requires the contract to be in writing and signed by both attorney and client, and a written engagement letter is good practice for every arrangement. I wrote a separate guide on what drives the cost of a business lawsuit in Texas if you want to understand the numbers before the meeting.

• How do you bill, and how often will I receive invoices?
• What is a realistic budget through each stage of the case?
• Which expenses should I expect besides your fees?
• Will you revisit the cost-benefit with me as the case develops?

How to check what a lawyer tells you

Every attorney licensed to practice in Texas appears in the State Bar of Texas Find a Lawyer directory, which provides basic information about each licensed attorney. Look the lawyer up before you sign anything, confirm the name and firm match, and review what the profile shows about their practice. If your matter could end up in federal court, ask whether they are admitted to the federal district court where it would be filed.

Reviews and referrals add context, but read them with care. A litigator's best work is often confidential, and a lawyer who has represented both sides of hard disputes may have unhappy opponents. Ask people you trust who have been through a dispute, and pay attention to what they say about communication and judgment, not only about results.

Red flags in a first consultation

Some warning signs are easy to spot once you know to look for them. The most common is a promise. No honest litigator can guarantee an outcome, because judges, juries, arbitrators and opponents are all outside anyone's control. A lawyer who promises to crush the other side is selling a feeling, and you will be the one paying for it.

Pay attention to how the lawyer treats your time as well. A first meeting that runs entirely on war stories, with few questions about your documents, tells you how the case is likely to be run. So does a lawyer who cannot explain the next step in plain English.

• Guarantees about outcomes or dollar amounts
• No questions about your goal, only about how angry you are
• No mention of weaknesses or risks in your position
• Vague answers about who will work on the case
• Reluctance to put the fee arrangement in writing
• Pressure to file immediately without reviewing your documents

Bring these to the meeting

A consultation is only as useful as the information in the room. If you bring the right documents, the lawyer can give you a real assessment instead of a general one. If papers have already been served on you, bring them and note the date you received them, since court deadlines run from service; my guide on what to do after a demand letter or lawsuit arrives covers the first days in detail.

• The contract, amendments and any purchase orders or invoices
• The demand letter, petition or citation, with the date you received it
• The key emails and texts, in date order
• A one-page timeline of what happened, written by you
• Any insurance policies that might apply
• A short statement of the outcome you want

What a first conversation with me looks like

You send the documents ahead of time and I read them before we talk, by phone or at my downtown Dallas office. We spend the meeting on your facts and your goal. I tell you what I see as the strengths and risks, what the realistic paths are, which court or forum the matter is likely to land in, and what each path would roughly involve in time and cost. If you are unsure where a case would be heard, I explain that in a guide on which court hears a business lawsuit in Dallas.

You leave with a clear picture and no pressure. If you decide to engage me, we put the arrangement in writing, address any immediate deadlines, and set a plan around the outcome you want. From there, you hear from me when something happens and before any significant decision is made.

Questions people ask me