Red Flags When Hiring a Lawyer

What are the biggest red flags when hiring a lawyer?

The biggest red flags are guaranteed outcomes, pressure to sign, unwritten fees, unexplained payment requests and an unverifiable license. The sections below explain each one and what to do instead.

Does the lawyer guarantee a result?

A guarantee is a red flag, because outcomes depend on facts, evidence, judges and opposing parties that no lawyer controls. The ABA's Model Rule 7.1 prohibits false or misleading communications about a lawyer or the lawyer's services, and a promised result can be misleading.

A good lawyer explains likely outcomes and risks. If you hear "you can't lose" or "I'll get you X," ask what that is based on, then compare another lawyer.

Will the lawyer put the fee in writing?

A lawyer who will not put fee terms in writing is a red flag. Model Rule 1.5 says the scope and fee should be communicated to the client, preferably in writing, and that a contingent fee agreement must be in a writing signed by the client.

Read the whole agreement. Look for how fees are calculated, which costs you owe, and what happens if you end the relationship. Our guide to lawyer fees explains what each structure should say.

Are you being pressured to decide now?

Pressure to sign at the first meeting is a red flag. Legitimate lawyers expect you to compare options, and a fee agreement can be read at home.

• "This offer expires today" without a legal reason.
• A lawyer who discourages you from talking to anyone else.
• A salesperson, not the lawyer, handling the sign-up.

Are you asked to pay in unusual ways?

Unusual payment requests are a red flag. Be cautious about gift cards, cash demands, wire transfers to a personal account, or requests to pay a fee to "release" a settlement.

Money that belongs to you, such as settlement funds or an advance deposit, is generally held in a client trust account. Ask where money will be held and request a receipt for any payment.

Did the lawyer contact you first?

An unsolicited contact right after an accident, injury or arrest deserves caution. Many states restrict lawyers from soliciting people directly, so a surprise call, text or visit can be a sign of a poor-quality firm or a scam.

Do not give details to someone who contacted you first. Verify them on the official lookup, then compare other lawyers using the directory's search.

Can you verify the license?

If the license cannot be verified on the official state lookup, stop. Check the lawyer's name, number and firm. Fake firms copy real attorney names, so use the contact details from the official lookup, not the ones in an unsolicited message.

Are you hiring an immigration "notario" or consultant?

A notario or immigration consultant who is not an attorney or DOJ-accredited representative cannot give immigration legal advice. USCIS warns that in the United States the word "notario" does not carry the same meaning it has in many other countries.

Use the lists on the USCIS Legal Services page and read when to hire an immigration lawyer.

Is the lawyer hard to reach or vague about who does the work?

If a lawyer cannot say who will handle your matter or how they will keep you updated, expect problems later. Ask for names, a response time and a backup contact before you sign.

What should you do if you already hired the wrong lawyer?

You can end the relationship, request your file and ask for any unearned funds held in trust. Do this in writing and keep copies.

1. Hire a replacement lawyer first if a deadline is close.
2. Send a written notice ending the engagement.
3. Request your file and an accounting of money you paid.
4. Report misconduct to the state bar or court discipline office.

Start over with how to choose a lawyer, or find affordable help if money is the obstacle.