In short, a legal consultation is an initial meeting with a lawyer that takes place before you decide whether to hire that lawyer to represent you in your particular power of attorney matter. The attorney will then use the consultation to determine whether they can legally and competently represent you based on the information you have provided them.
It is important to note that an initial legal consultation does not mean that a lawyer is officially representing you or that they have taken over your case. In general, in order for an attorney to legally represent you, there must be a written representation agreement signed by both you and the attorney, or you must be able to demonstrate that they agreed to be represented by their words or actions.
Before consulting a lawyer, you should make sure that you have properly prepared for the consultation by gathering all the documents that are relevant to your case. It is important to bring all the documents you have to the attorney for review, as they will be able to properly determine which documents are relevant and which are not.
The documents you should bring with you may include any of the following:
• Contracts: If your claim arises from a contractual dispute, you should bring copies of the contract and any documents explaining the contract;
• Police or accident report: If possible, you should bring any police or accident report that was made as a result of the incident in which you were involved;
• Title Deeds: If your claim involves a property dispute, you should be sure to bring a copy of the title deed or any documents relating to the property such as oil and gas leases etc.;
• Employment records: If you are claiming an employment dispute, you should bring all of your employment records, such as employment contracts, employment agreements or time sheets; or
• Other documents proving damages: Other important documents to bring include any evidence of damages, such as medical records or expenses, or any warranties or letters created by the party you are trying to sue.
What will be discussed at the legal consultation?
As mentioned above, there are many different reasons why one would seek the advice of an experienced attorney. Therefore, what is covered in a legal consultation will depend heavily on your particular legal issue. However, some discussions that commonly occur in a consultation include the following:
• Costs: Importantly, the initial consultation will generally always include a discussion of the fees a solicitor may charge to represent you in your legal dispute. Attorney fee arrangements can be based on a contingency fee, a flat fee, or an hourly fee. During the consultation, it is important to discuss the attorney’s fee arrangement; and
• Legal claims and facts: This may seem obvious, but a consultation will always include a discussion of the legal facts and your legal claims. It is important to be honest when communicating your particular case to an attorney, as lying about the facts or circumstances surrounding your case will result in criminal or other civil penalties.
For example, a typical attorney consultation will include a discussion of the grounds for divorce, a discussion of marital and separate property, and a discussion of child custody, if applicable. Furthermore, the lawyer’s hourly fee will be discussed during the consultation. Furthermore, you should ask before the consultation whether the consultation itself is free, which it often is.
Will my legal consultation be confidential?
Another reason to be completely honest during a legal consultation is that legal consultations will always be confidential. This means that what you discuss with the lawyer will not be discussed outside of the meeting room.
Once again, although the initial consultation does not create an attorney-client relationship because it does not come into existence until the representation agreement is signed, anything you communicate with the attorney during the consultation will remain privileged and confidential as if the attorney-client privilege had been created. Therefore, you should provide your attorney with all the information you have, whether helpful or harmful, so that they can properly assess your case.
What questions should I ask during a legal consultation?
As noted above, any legal consultation will depend on the specific circumstances surrounding your particular legal issue. Questions you should ask during a legal consultation may include questions about the attorneys’ background and qualifications, attorney fee arrangements, and specific questions about your case.
For example, in the case of a divorce, you may want to ask the attorney what their legal strategy is for obtaining child custody or alimony. You may also want to know if you are able to move your spouse out of the matrimonial home or set up a separate bank account. An initial consultation is a great opportunity to find out if the attorney you are discussing your case with would be helpful or a good fit for your particular case.
What is legal advice?
As stated many times above, an initial consultation or discussion with an attorney does not create an attorney-client relationship. However, communications between attorneys toward you may constitute an assumed attorney-client relationship, even if no contract has been signed.
Legal advice is advice given to a person who seeks the advice of a lawyer, the advice given relates to matters within the lawyer’s jurisdiction, and the lawyer expressly or impliedly agrees to provide advice or assistance in that matter. If such legal advice is provided, a presumed attorney-client relationship may arise between you and the attorney, even during the initial consultation.
However, if a lawyer states that the advice they provide does not create such a relationship or cannot be relied upon, you can only consider this to be a legal outline of their services. Legal promotions or other comments are not considered legal advice and therefore cannot be used to later demonstrate that an attorney-client relationship has been established.
