Legal Consultation in California

A legal consultation, or a consultation with a lawyer, is a first meeting with a lawyer that happens before a potential client makes a decision regarding whether to hire that lawyer to represent them in their legal issue. In addition, the lawyer will use the consultation to determine whether or not they can legally and competitively represent the potential client based on the information that they provide.

It is also important to note that an initial consultation does not mean that a lawyer is officially representing a potential client or has taken their case. In general, in order for a lawyer to legally represent a potential client, there has to be a written representation agreement signed by both the lawyer and the potential client.

A potential client may also be able to show that, through the lawyer’s words or actions, they consented to represent the potential client. Prior to consulting with a lawyer, a potential client should make sure that they prepare by gathering any documents that are relevant to their case.

It is important to bring every document that an individual has for their lawyer to review, as their lawyer will be able to determine which of the documents are relevant and which are not. Documents that an individual should bring with them may include, but may not be limited to:

• Contracts: If an individual’s claim arose from a contract dispute, then they should bring copies of the contract and any documents explaining the contract;
• Police or accident reports: If possible, an individual should bring any police or accident reports that were created as a result of the incident they were involved in;
• Property deeds: If an individual’s claim involves a property dispute, they should be sure to bring a copy of the deed or any documents relating to the property, such as an oil and gas lease, etc.;
• Employment records: If an individual’s claim is an employment dispute, then the potential client should bring all of their employment records, such as their employment contract, employment agreements, or timesheets;
• Other documents evidencing damages: Other important documents to bring include any evidence of damages, such as medical records or expenses, or warranties or letters created by the party the individual is trying to sue.

What Will Be Discussed at a Legal Consultation?

There are many different reasons why an individual might seek out the counsel of an experienced attorney. What is discussed during the legal consultation will depend on the potential client’s legal issue.

Typical issues that are discussed at consultations include:

• Costs: An initial consultation will generally always include a discussion of the fees that a lawyer may charge in order to represent a potential client regarding their legal dispute. Attorney fee arrangements may be handled in different ways, including:
  • a contingency fee;
  • a flat fee;
  • an hourly fee basis;
• Legal claims and facts: It may seem obvious, but an initial consultation typically includes a discussion of the legal facts and a potential client’s legal claims. It is important for a potential client to be honest in telling the lawyer about their particular case, as lying about the facts or circumstances surrounding the case may lead to criminal sanctions or other civil penalties.

A typical consultation for a divorce includes a discussion about the reasons for the divorce, the marital and separate property, and child custody, if applicable. In addition, the consultation will include a discussion of the attorney’s fees.

A potential client should ask before attending an initial consultation whether or not they will be charged for the meeting.

Will My Legal Consultation Be Confidential?

One important reason to be completely honest during a legal consultation is that they are always confidential. This means that anything a potential client discusses with their lawyer will not be discussed outside the meeting room.

Although the initial consultation does not form an attorney-client relationship because that is not formed until there is a signed representation agreement, everything that a potential client communicates with a lawyer during a consultation will remain privileged and confidential as if an attorney-client privilege had formed. Because of this, a potential client should provide their lawyer with all of the information that they have, whether it is helpful or harmful, so the lawyer can properly evaluate the case.

What Questions to Ask During Lawyer Consultation?

As discussed above, each legal consultation will depend on the particular circumstances regarding the potential client’s specific legal issue. Questions that a potential client should ask during their constitution may include questions about:

• The lawyer’s background and qualifications;
• The fee arrangement;
• Specific questions about the case.

For example, in a divorce case, a potential client may want to ask the lawyer about their legal strategy for obtaining child custody or alimony. In addition, the potential client may want to know if they are permitted to evict their spouse from the marital home or if they can create a separate bank account.

An initial consultation is a great opportunity to determine whether the lawyer will be a good fit for a potential client’s case and budget.

Are Lawyer Consultations Free?

There are many lawyers who offer free initial consultations so that both parties can determine if the lawyer should represent the potential client in their legal issue. Some lawyers do charge a consultation fee.

The lawyer will also use the consultation to determine if they will be able to properly represent the potential client. As this time is useful for both parties, many lawyers will have a free initial meeting, which typically lasts between thirty minutes and one hour.

How Much Does a California Lawyer Cost?

The cost of a lawyer in California will vary greatly depending on the type of case, the location, the lawyer’s experience, and the fee structure they use. The types of attorney fees typically used include:

• Hourly fee: A lawyer charges a specific amount of money for each hour or portion of an hour that they work on a case;
• Flat fee: A lawyer charges a set amount of money for a specific service, regardless of how much time they spend on the case;
  • This is commonly used for services such as document preparation or basic legal advice;
• Retainer fee: A lawyer charges a set amount of money upfront, which is usually treated as a deposit, and then bills the client for services rendered on an hourly basis out of that amount; and
• Contingency fee: A lawyer only gets paid if they win the case. This is commonly used in personal injury cases and other types of cases where the client may not have the funds to pay the lawyer’s fee.

In California, a lawyer usually charges between around $200 and $500 per hour, depending on the factors listed above.

Should I Contact an Attorney and Schedule a Legal Consultation?

If you are considering pursuing a legal consultation in California, it is important to consult with a local attorney in California. Your lawyer will evaluate your issue and represent your interests throughout the legal process, should you choose to hire them after the initial consultation.

The LegalMatch database is a database of member lawyers that can help you locate the right attorney for your legal issue. It is important to remember that the legal consultation will not fully resolve your legal issue but is an important first step on the path to resolution.