In Arkansas, a legal consultation is an initial meeting that a potential client has with a lawyer before they decide whether or not to hire them for their legal issue. The lawyer also uses this time to decide whether they will be able to represent the individual.
Having a legal consultation does not mean that the attorney has or will take the case. The lawyer and potential client will likely sign a written representation agreement once it is decided by both parties that they will work together.
Before the attorney consultation, an individual should ensure to prepare by gathering everything they have related to their issue. The lawyer will review everything that is brought to the meeting and decide what is and what is not important for the case.
Examples of the types of documents an individual should bring include:
- Contracts: In the event of a contract dispute, the individual brings copies of their contract as well as other related documents;
- Employment records: If the issue involves an employment dispute, the individual will need to bring all of their employment records, such as their employment agreement and timesheets; and
- Other documents evidencing damages: An individual should bring any documents that show damages they incurred, such as doctor bills, receipts, or evidence of property damage.
What Will Be Discussed at a Legal Consultation?
There are many different things that may be discussed at the legal consultation, depending on the nature of the issue. It may be helpful to write down a list of questions to ask the lawyer before attending the meeting to ensure all of the individual’s concerns are addressed, as emotional circumstances can cause an individual to forget things they may want to discuss.
It is also important to gather any documents or other relevant items to take to the meeting. For example, if an individual is involved in a legal separation or divorce, they will need to provide information regarding:
- The assets and debts of the couple;
- Whether there are children in the marriage;
- Evidence supporting a request for custody, if applicable; and
- Anything else they think may be relevant.
Common issues that are dealt with in court in legal separation and divorce cases include:
The individual’s lawyer may request different or additional documentation after discussing the issues at the meeting.
Will My Legal Consultation Be Confidential?
An individual can be totally honest with the attorney during their consultation, as it will be treated as confidential, even if a formal lawyer-client relationship is not formed. Everything that is discussed during the meeting will be considered privileged and confidential, as if attorney-client privilege had formed.
Because of this, it is important for a potential client to share all the information and details they can about their issue. This is because a lawyer cannot adequately prepare a case on behalf of their client if they are not given all of the information surrounding the issue, both good and bad.
What Questions to Ask During Lawyer Consultation?
As discussed above, every legal consultation will be unique depending on the facts of the case and the type of case at hand. There are certain general questions an individual may want to ask during the meeting, such as questions about the background and qualifications of the lawyer, the fee arraignment, and other specific questions about their issue.
For example, if an individual is involved in a divorce case, they may want to ask about the legal strategy for obtaining child custody or alimony. An individual may also need to know whether they have to allow their spouse to remain in the marital home.
The initial consultation is a time for both parties to determine whether they will be a good fit to work together to resolve the individual’s legal issue.
Are Lawyer Consultations Free?
There are many lawyers who offer free consultations, especially for certain types of cases, such as contingency fee cases. In a contingency fee case, the client does not have to pay the attorney’s fees unless the lawyer wins their case.
A contingency fee arrangement is often used in personal injury cases. If a free consultation is not offered, the attorney will charge a consultation fee.
The cost of an initial consultation is often between $50 and $250 but may vary depending on the location and type of lawyer as well as their degree of experience.
For example, a lawyer who is handling an intellectual property issue may charge a higher fee, as they are required to obtain additional training to handle these types of issues. In addition, a lawyer in a major city may charge a higher fee than a lawyer in a small town.
It is important to note that consultation fees are different from retainer fees. A retainer fee is paid to the attorney to secure their services for a particular case or legal issue.
It is typically higher than the consultation fee and is intended to cover the attorney’s time and expenditures related to the case. An individual should always inquire regarding the cost of the consultation before they attend the meeting.
How Much Does a Lawyer Cost?
The cost of a lawyer can vary widely, even across the state of Arkansas, as it depends on many different factors, including, but not limited to:
- The area of law in which the lawyer typically practices;
- The areas of law that the individual’s claim involves;
- The lawyer’s level of experience;
- The lawyer’s reputation;
- The difficulty of the case;
- The location where the attorney practices, because cities and towns have different cost averages;
- The amount of time that will be or is spent either pursuing or defending the lawsuit.
The average hourly cost of a lawyer in Arkansas is around $250. However, as noted, this may vary based on many factors, including those listed above.
What Is Legal Advice?
As discussed above, the legal consultation itself does not form a formal attorney-client relationship. It is important to be aware, however, that an implied attorney-client relationship may be formed, although there was no signed agreement.
Legal advice is advice provided to an individual by a licensed attorney that pertains to issues within the competence of the attorney when the attorney has expressly or impliedly agreed to provide advice or their assistance in the matter. If this type of advice is provided, there may be an implied attorney-client relationship formed between the individual and the attorney, even at the initial consultation.
However, if, at the consultation, the attorney informs the individual that the advice they are provided is not intended to form an attorney-client relationship, or that it should not be relied upon, the individual can simply consider the advice a pitch for the attorney’s services. Certain pitches and comments are not considered to be legal advice and cannot be used to show that an attorney-client relationship was formed.
Should I Contact an Attorney and Schedule a Legal Consultation?
If you have a legal issue, question, or concern in the State of Arkansas, it is important to schedule a legal consultation with a local attorney in Arkansas. An attorney can evaluate your issue, provide you advice regarding the steps to resolve it, and represent you throughout the process should you choose to hire them.
It is important to be aware that the legal consultation will not resolve your issue entirely, but it will allow you to develop a plan and work towards the resolution you desire. If there are multiple attorneys in your area who provide legal consultations, it may be a good idea to meet with several to determine who best fits your needs and budget.
