1. What experience does the attorney have in handling a case like yours?
I’ve been a litigation attorney for over 25 years and I have to say that this is a question that’s not often asked or explored very much.
People may think that because you say you are a litigation attorney that you must have tried a number of jury trials before, or you must have litigated numerous cases in arbitration. But you’d be surprised, this isn’t always the case.
As with almost every type of work, experience is important in litigation. So if you have a case that will be tried to a jury and you want someone with experience, ask them if they’ve ever had any jury trials.
Same thing if you have a case that has to be litigated in arbitration, ask if they have experience in arbitration.
2. How will the case be handled and by whom?
Often times, especially in larger more complicated cases, there may be more than one attorney who is expected to work on the case. If so, you should ask who will be handling what tasks to make sure you are comfortable with that, especially if you want a particular attorney to do specific things in the case.
3. Do they feel it?
Does the attorney relate to how you feel about the difficult situation that you’re involved in? Do they get it?
If you are mad because you think someone has breached a deal you had with them, or you’re upset because you think that you have been unjustly accused, does the attorney understand and relate to how you feel?
If they do, chances are the attorney will be more passionate about representing you and will be better able to explain your position to a Judge or Jury.