Questions to ask before hiring a personal injury lawyer

Most intake calls are the firm screening you. These are the questions that let you screen the firm back. Ask them before you sign anything.

Who works the case

• Who handles my file day to day — you, an associate, a case manager?
• Can I reach that person directly, and how fast do you return calls?
• How many active cases does that person carry?
• Who makes the strategy decisions?

Trial and leverage

• When did you last try a personal injury case to verdict?
• What share of your cases settle before a lawsuit is even filed?
• If my case needs a trial, do you try it, or do you bring in trial counsel? How does that work and does it change my fee?

That last question matters because the other side prices your lawyer. An insurer that knows a firm never tries cases has little reason to move. Bringing in a trial lawyer is one way a smaller practice keeps that leverage — see how this works.

Fees and costs

Get the answers in writing, in the agreement, not just spoken on a call.

• What is the contingency percentage, and does it change if the case is filed or tried?
• Who pays case costs as they come up, and do I owe them if there is no recovery?
• How are medical liens and health-plan reimbursements handled at the end?
• If you associate another firm, how is the fee divided, and does my total go up? (It should not.)

We work on a contingency fee, meaning no attorney's fee unless we recover for you. Clients remain responsible for case costs advanced, including if there is no recovery.

Sources: Bus. & Prof. Code, § 6147 (written contingency fee agreement required); Cal. Rules of Prof. Conduct, rule 1.5 (fees).

Communication and expectations

• How often will you update me, and in what form?
• What is the realistic timeline for a case like mine?
• What are the weak points in my case as you see them right now?
• What would make you drop the case later?

A firm that will name your weak points on the first call is more likely to be straight with you on the hard calls later.

Common questions

What is the single most useful question to ask?

"Who will actually work my case day to day, and will I be able to reach that person?" The lawyer who signs you is often not the one who handles the file.

How do I ask about trial experience without being rude?

Directly. "When did you last try a personal injury case to verdict, and how often do your cases go to trial?" A firm that tries cases will answer plainly. A firm that never does will talk around it.

What should be in writing before I sign?

The fee percentage, how costs are handled and whether you owe them if there is no recovery, what happens if the case is referred or associated with another firm, and how and when the firm will update you. California requires a written contingency fee agreement (Bus. & Prof. Code, § 6147).

Is it a bad sign if a firm pressures me to sign on the first call?

It is worth noticing. A deadline can create real urgency, but a firm that will not let you read the agreement or think it over is telling you how it operates.