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TEN QUESTIONS TO ASK YOUR POTENTIAL ADVOCATE

Advocates will often provide a free or very low-cost consultation to discuss the details of your situation and allow you to ask some basic questions about the advocate. Having a conversation on the call without meeting your advocate in person is a big no. Also, the in-person meeting should not only help you decide whether to go forward with an advocate or not. If you later decide to hire an advocate, you will go into a more detailed discussion of your case and ask more specific questions along the way. 

Before you meet any advocate you need to figure out why you would need to hire an advocate in the first place before going into your first meeting with one. You need to understand the kind of outcome you would need for your specific case. Some people do not care about compensation – they want to go to court no matter what for different reasons. Others do not care either way as long as they can get on with their lives. Some people, however, want an out-of-court settlement that will help them avoid the public exposure of a trial. Then again, some people like to know all their options and then they let their advocate decide on the best course of action. Making it clear what your goals are from the get-go will help your potential advocate know how to best represent you. They would be able to figure out what settlement offers would be realistically present and whether going to court is a possibility or not. Do not be disrespectful when interacting with your Advocate. Carry all the important documents that are significant to the matter to discuss this matter with the advocate.

 

It is better to have a list of questions to ask the advocate during the meeting. Also, you should feel comfortable asking questions relating to the advocate’s expertise, experience, fees, special knowledge, and management of the case. Below are ten questions to ask your potential advocate. 

  • How long have you practised law? Will you be the advocate representing me or will it be another advocate in the office? 

The moment people hear you are looking for an advocate you will receive endless amounts of recommendations from friends, co-workers, family, and anyone who has heard a whisper of your legal needs.  Do not make the mistake of hiring the first advocate you talk to and that too without meeting them first. It is important to take your time and do research before selecting an advocate. You would also want to know about the advocate’s expertise and whether the advocate is a veteran or a beginner advocate. Your legal issue may very well be handled by someone fresh out of law school, (or not). It all depends. Also, depending on your case, having another advocate represent you should be all right if it is a multi-disciplinary law firm.

  • What type of cases do you generally handle? What percentage of your practice is devoted to (the practice area in question)?

You would also want to know about an advocate’s expertise and how much of the advocate’s practice is devoted to the topic area your legal issue falls within. Imagine you needed to have brain surgery– would you seek out the advice of a heart surgeon? No, would you instead find the best surgeon in your area who focuses on brain surgery cases? When thinking about how to pick an advocate for your civil litigation you would not hire an advocate whose experience lies solely in family law to represent you in a land ownership case. No amount of experience can compete with the right experience, as the right experience is what wins cases. 

  • Who is your typical Client?

This is an important but often overlooked question. For example, if you are an individual with a particular legal problem, but the advocate you are meeting with represents only corporations, this may not be the best advocate for you. Likewise, you may wish to know the financial background of some of the advocate’s clients. Also, understand if your advocate takes pro bono cases from time to time. This is because there may be different issues an advocate is used to factoring when working with high net-worth individuals vs. college students.

  • How many cases have you represented that were similar to mine?

Now is not the time to act shy. Feel free to ask about the advocate’s track record, such as the number of cases won or settled, for example. To avoid this mistake, seek out references from friends, family, or colleagues who have had legal experiences similar to yours. Additionally, you can consult online resources like their LinkedIn accounts, reviews on Google, legal directories or bar association websites to verify the advocate’s credentials and disciplinary history. A well-established reputation and positive references are strong indicators of an advocate’s reliability. 

  • Other than a law degree, what kind of special training or knowledge do you have that might apply to my situation? Will you be engaged in my case throughout and how do you ensure confidentiality about the case at your Firm?

Try to understand the kind of expertise your case may need. If it is a specialized case, you would need a specialized advocate, if it is not you can get some cases, like DUI Driving under the Influence medicolegal, and intellectual property cases, which require specialized training and knowledge for effective representation. Be sure to inquire whether your case fits into that category.

 

  • What are your advocate fees and costs, and how are they billed? Will a portion or all of my case be handled by paralegals or legal assistants? If so, ask about reduced costs.

This step is an important one. If an advocate’s fee seems too good to be true, that is because it is. Seeking legal representation is an expensive affair. An advocate with the necessary qualifications and experience will not come cheap. It would be best to look for other options depending on how crucial your case is. Legal fees can vary widely, and without a clear understanding of how much the representation will cost, you might find yourself facing unexpected financial burdens. Miscommunication regarding billing can strain your relationship with your advocate and create additional stress during an already challenging time. You would want to know whether you can afford the advocate’s services how you will be required to pay and at what intervals. This is also the time to ask about payment options and how often, and under what circumstances, you will be billed. 

  • What is your approach or philosophy to winning or representing a case?

This can be important in two ways. First, if you are seeking an amicable divorce, for example, but the advocate is known to “go for the kill” in divorce cases, the advocate may not be the right one for you. Similarly, if you’re looking for an aggressive advocate to handle an upcoming corporate merger, for example, you would want someone who is not afraid to push the envelope. 

  • Are there other ways to solve my legal problem?

Go ahead. Do you see this case being settled outside of court or do you think we will go to trial? Ask the professional whether there are any alternatives for solving your legal problems, such as through arbitration or some other out-of-court arrangement. A good advocate will generally inform you if your case can be handled through other less expensive and time-consuming means.

  • How will you let me know what’s happening with my case?

Communication is key when working with an advocate. Ask the advocate how often and under what circumstances you will hear from him or her. You would want to know how your case is coming along and about other important dates. An advocate may be brilliant but still might not be the right fit for you depending on your needs. That’s because sometimes, the advocate’s communication style or skills may not align with yours. If you prefer to be constantly updated about the case over text or email, find an advocate promising clear communication.

  • What is the likely outcome in my case?

Generally speaking, it is fair game to ask the advocate whether you have a good chance of winning your case. You are not looking for the “right” answer, just an honest one. For instance, if you are facing an uphill battle in, for example, a nasty divorce situation, you would want to know upfront from the advocate so you can prepare yourself for what lies ahead. 

Once you have made your decision it is important to pay on time, follow the directions and strategy outlined by your advocate, communicate when you are from your end, and try to change things, missing deadlines, and lack of respect. If your advocate drafts something up for you to sign and sends it over electronically, make sure that there are no unknowns in the document. If you still have questions about something, make sure they are clarified before anything is signed. While the answers to questions you ask your advocate will vary widely, it is important to keep in mind that nothing should be taken as a guarantee. Instead, these questions should give you general knowledge of a specific advocate’s experience and skill-level, and whether the advocate is a good fit for you.

Conclusion

Navigating the process of hiring an advocate is a critical step in addressing your legal issues effectively. It is vital to approach this decision with careful consideration. While many advocates offer free or low-cost consultations, the value of an in-person meeting cannot be overstated. Such meetings provide an opportunity to assess the advocate’s suitability for your case and to discuss specific legal strategies and outcomes.

 

Before meeting with an advocate, it is crucial to understand the nature of your legal issue and what you aim to achieve. Whether your goal is to settle out of court, avoid public exposure, or pursue a trial, articulating your objectives clearly will help the advocate tailor their approach to your needs. Additionally, preparing a list of pertinent questions will ensure that you cover all necessary aspects of the advocate’s expertise, experience, and fees. Key areas to explore include the advocate’s experience in handling cases similar to yours, their specific areas of practice, and their typical clients. Understanding their track record and any special training or knowledge they possess will help gauge their ability to effectively represent you. Clarifying their fee structure and billing practices upfront will prevent unexpected financial strain.

 

Ultimately, selecting the right advocate involves evaluating their approach to case management, communication style, and the likelihood of achieving a favourable outcome. Once you choose an advocate, maintaining timely communication, adhering to their guidance, and carefully reviewing any documents before signing will contribute to a smooth and effective legal process.

 

By taking these steps, you will be better equipped to make an informed decision about your case and secure competent legal representation tailored to your needs.

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