You‘ve scheduled the consult. Now what?
How to Prepare for Your Initial Consultation
Written By Ashley Heredia
When people meet with an attorney for the first time, they often don’t know what to expect. They may feel nervous or even intimidated. Below is our advice on what to expect and how to prepare for your initial consultation. Follow these tips and you will maximize your time with us and walk away feeling confident and prepared for what’s next.
1) Take a deep breath and try to relax
We strive to make our first meeting with you as comfortable as possible. Once arriving at our office, you will be greeted by our assistant, who will get you seated in our conference room. She will offer you coffee, tea, water or other drinks. Take her up on it! If a warm cup of hot tea would help you relax and feel more calm, we’ve got you covered. Our first meeting is the time for us to get to know one another and hear your story. When you’re comfortable, you’re more open and better able to tell your story. We will do what we can to help get you there.
Also, be assured that our office is a safe and private environment. Attorney-client confidentiality and privilege rules always apply when we meet together. This means that what we discuss at our meeting will not leave our office or be disclosed (even to the Court!) unless you give us permission to do so or an ethical law requires us to disclose it. Issues in family law can feel embarrassing and are sometimes difficult to talk about, but remember, we will always keep your confidences. This should give you the freedom to tell us your story as openly and honestly as you possibly can. Also understand that if we are not told the full story, we cannot adequately defend or protect your interests.
2) Fill out and return your Intake Form prior to our meeting
We take time to prepare for your consultation. If you fill out and provide us with your Intake Form in advance of your appointment, we will have background information about your situation before you even walk in the door. This enables us to be better prepared for our meeting and our time together much more productive.
3) Look through the information on our website
The information we provide on our website is intended to answer some basic questions people often ask during an initial consultation. Please note that the information on our website should not be construed as legal advice because it does not account for the specifics of your particular situation. It should, however, give you a feel for the basics and provide you with an understanding of the overall process.
4) Have a list of questions
Just like we prepare for your consultation - we encourage you to do the same. Write down a list of questions you have so you can refer to the list during your consultation. If your loved ones or anyone else you trust have specific questions, write those down in advance as well. Speaking of loved ones, please do not bring them with you to the consultation or if you do, please do not expect them to sit in our meeting with you (more on this below).
5) Family or supportive friends should sit in our waiting room while we meet
If you bring someone with you to the consultation, we will ask that he or she remain in our waiting room while we meet. Having someone else in the room during our meeting breaks attorney-client privilege, even if they have factual information that would be useful to your case. What is said during the meeting when a third party is present is no longer confidential. If asked to testify in court or a deposition about what was said during a conversation with a third party present, you would have to comply. Please understand that we take attorney-client confidentiality and privilege very seriously because it protects you and your best interests.
6) Bring in copies of all pleadings or other documentation relevant to your situation
If you have received documents from the court or the other party in your case, please bring them with you so we can review them during your appointment. Often these papers can help us better understand the issues at hand. Please also feel free to send us these documents prior to our consultation, so we can review them in advance and be even more prepared for our meeting with you.
7) Be ready to take a few notes of your own
You will receive a lot of information in your initial consultation. It can be difficult to remember what we discussed days (or even hours!) later. We encourage all clients to take a few notes during their consultation so they have something to help jog their memory later. Additionally, there may be follow-up information or documents we need you to obtain before we can take next steps. We may send you home with a “to-do list” of things to work on. It is always helpful to have those type of instructions written down.
8) The initial consultation may last more or less than an hour
Although we schedule each initial consultation for one hour, your actual appointment may last more or less than that. The timing will depend on the complexity of your situation and how much information you were able to organize prior to your consultation. Either way, you will only be charged for the time you spend meeting with an attorney. Thus, it is to your advantage to come to this meeting fully prepared.
9) What actually happens at the initial consultation?
We take this time to understand the complexities of your situation, develop your legal claims, and determine with you our strategy to resolve your case. We will answer your questions and help ease your worries about the unknown. We will provide advice and explanations tailored to your situation based on our experience, education, and training. We will guide you with honest and candid advice, but always deliver this news with compassion. You may not hear what you expected, or maybe even what you want to hear, but we won’t hide the legal realities of your case from you.
10) Is it time to retain?
Meeting with an attorney in an initial consultation does not mean you are required or even expected to hire us to represent you. Hiring an attorney may not be appropriate for your situation— people frequently come in for a consultation with questions about divorce or potential case without any concrete intention of filing one.
The decision is always yours to make at any point in time. However, you should expect the attorney meeting with you to quote you a retainer amount and to provide you with a retainer agreement at the conclusion of your initial consultation. We may suggest you look into certain things and return to us with more information, at which time we can better determine your retainer. The more you and your spouse (or the other party) can agree upon, the better your chance of resolving your case more quickly, easily, and for less cost.
11) Don’t expect us to be able to predict the total cost to resolve your case
A retainer is akin to a down-payment, a lump sum of money paid upfront. Our attorneys and staff members bill the time they spend on your case at their hourly rates against the retainer. Your retainer funds are held in a client trust account and only transferred out when the funds are earned by our firm after completing work on your case.
The retainer payment is not to be confused with our estimation of the total cost of your case. It is very likely that the retainer amount will not cover the total cost of your case depending on your circumstances. While we cannot predict the total cost of our representation, the overall expense is heavily dependent on how reasonable and amicable the other party is.
Sometimes your case may cost less than the retainer amount. In that situation, any unused funds will be returned to you at the conclusion of your case.