At some point in almost every personal injury case, the question arises: “Do I need an attorney?” and, if so, “How do I go about hiring one?”
The process of hiring a lawyer can feel overwhelming, especially if you’ve never interacted much with an attorney, but it doesn’t have to be. Understanding how personal injury attorneys work, and how to avoid common pitfalls, goes a long way in making an informed decision.
Step 1: Understand How Personal Injury Attorneys Get Paid
Most personal injury lawyers don’t charge by the hour. Instead, they work on a contingency fee basis. That means their payment depends on whether they recover money for you. To learn more, see my article on contingency fees.
Knowing this helps level the playing field. You don’t need thousands of dollars upfront to hire a lawyer, and attorneys have an incentive to only take cases they believe in.
Step 2: Avoid “Papermill” Law Firms
Not all law firms operate the same way. Some are papermills, which are high-volume operations that focus on churning cases quickly rather than providing individual attention. These firms may assign your case to a rotating cast of attorneys or staff, and you may feel more like a number than a client.
See our article on papermill law firms for warning signs and what to watch out for.
Step 3: Meet With an Attorney’s Office
When you’re considering a lawyer, the hiring process usually starts with a consultation. Many times, you will first speak with an intake specialist or a paralegal. This is fairly normal, but make sure you speak with an attorney before signing fee agreements. It’s important to understand who will be responsible for your representation.
Step 4: Ask the Right Questions
Hiring a lawyer is like hiring anyone else. You want to know their qualifications and how they plan to approach your case. Common questions include:
Who will be handling my case day to day?
How many cases like mine have you handled before?
What challenges do you see in my case?
How will you keep me updated?
Step 5: Review the Contract Carefully
Before you officially hire an attorney, you’ll sign a representation agreement. This contract sets out the attorney’s fees, responsibilities, and your obligations as a client. Read it carefully. If anything is unclear, ask questions before signing.
Step 6: Make Sure It’s a Good Fit
Finally, remember that hiring an attorney is not only about skill, it’s also about trust. You’ll be working closely with this person during a stressful process. Communication style, responsiveness, and confidence in their abilities all matter.
Step 7: Do Your Research
This is critical. I’m happy to help you find an attorney who I think can help you, but it is absolutely critical for you to do your own independent research, because you are hiring the attorney, not anyone else.
Bottom Line
Hiring an attorney is an important step in the lifecycle of a personal injury case. By understanding how lawyers are paid, avoiding papermill-style firms, asking good questions, and carefully reviewing your contract, you can feel more confident about the process.
