Choosing a lawyer can significantly impact not only the outcome of the case but also your financial stability, reputation, and, in some cases, even your freedom. The American legal system is complex, laws vary from state to state, and lawyers can specialize in very narrow areas. Therefore, a mistake in choosing a specialist often leads to wasted time, money, and stress. In this article, we analyze the 10 most common mistakes when choosing a lawyer and show you how to avoid them.
Many people who find themselves in a stressful situation—be it criminal proceedings, a divorce, or a dispute with an employer—rely on the first recommendation they see online or from friends. However, in the USA, a licensed lawyer is no guarantee that they are the right one.
A lawyer can be an excellent family law specialist but have no knowledge of immigration or business protection. Furthermore, there are lawyers in the US who take on a wide range of cases but don't delve deeply into any one particular issue.
How to avoid this:
- Check the lawyer's qualifications and specialization on your state bar website
- Review their case portfolio and client reviews
- List experience in your specific case area
In the US, legal practice is extremely fragmented: There are lawyers for bankruptcy law, medical malpractice, taxes, real estate law, criminal law, etc. If you hire a divorce lawyer for a criminal case, they may simply not know the intricacies that would protect you from a conviction.
How to avoid this:
- Look for a specialized lawyer. For example, in a drunk driving case, look for a criminal defense attorney who specializes in drunk driving.
- At the initial consultation, ask a question: "How many cases similar to mine have you handled in the last year?"
While online consultations are convenient, relying solely on correspondence or phone calls is risky. Live communication allows you to assess not only the professionalism of a lawyer but also personal compatibility. A lawyer may be an expert, but you will feel uncomfortable working with them.
How to avoid this:
- Arrange an in-person meeting, if possible, or at least a video call
- Pay attention to how the lawyer listens, asks questions, and responds to your words
In the US, legal services can cost anywhere from $150 to over $1,000 per hour. Some choose the cheapest services because they think they're saving money, while others choose the most expensive because they believe price equals quality. A low-cost lawyer may compensate for a low price with a lack of experience or a large number of clients they don't have time for. Expensive doesn't always mean the best; sometimes it's simply a "brand" or a reputable firm.
How to avoid this:
- Compare multiple choices
- Find out what's included in the price (document preparation, court representation, travel expenses, etc.)
- Focus on experience, not price
Several payment models are common in the US: hourly rate, flat rate, and contingency fee (payment only upon success, often in injury cases). Without a clear agreement, you could receive unexpected bills totaling thousands of dollars for additional services.
How to avoid this:
- Before signing the contract, ask for a written agreement (contract agreement) that clearly outlines everything
- Check whether the price includes the expert's fees, official fees, and copies of the documents.
In the US, it's easy to check a lawyer's disciplinary history. You could hire a lawyer who has recently been disciplined for professional misconduct or fraud.
How to avoid this:
- Check the information provided by the American Bar Association and your state's bar association
- Look for independent reviews on Yelp, Avvo, and Google Reviews
A lawyer may be a genius in court, but if they don't respond to letters for weeks, working with them is impossible. In legal matters, time is often of the essence: A late deadline for filing appeals or documents can hamper your defense.
How to avoid this:
- Ask how quickly they respond to calls and letters during the initial consultation
- Clarify who your primary contact will be—the attorney or a paralegal
Some attorneys promise "100% success" or "case closed within a week" to secure a client. In the U.S., it is illegal to guarantee a result—there are too many factors beyond the attorney's control.
How to avoid it:
- Be wary of attorneys promising impossible things
- Find someone who can honestly explain the risks and possible outcomes
This is especially true for immigrants. If an attorney doesn't understand your cultural differences or you don't have a strong grasp of legal English, you can easily make mistakes in a case.
How to avoid it:
- Find an attorney who speaks your language or ask for an interpreter
- Make sure the attorney understands the context of your situation (e.g., the details of your immigration status)
Even an experienced attorney may not be a good fit for your communication style or approach to the case. If you feel uncomfortable, you'll share less information, which can weaken your defense.
How to avoid it:
- Trust your intuition: If something bothers you at the first meeting, find someone else
- You will need to work together, sometimes for an extended period, so mutual trust is essential
- Determine the nature of your case (family law, criminal law, tax law, immigration law, etc.)
- Create a list of at least 3-5 attorneys based on recommendations and official documentation
- Check bar licensing and reputation
- Schedule a consultation (many attorneys offer 15-30 minutes free of charge)
- Compare not only prices but also working strategies
- Choose someone who combines experience, honesty, and straightforward communication
- Enter into a written agreement with clear payment and liability terms
Choosing a lawyer is not a sprint, but a marathon that requires careful preparation. The mistakes described above can cost you not only money but also a positive outcome. The most important rules: Research, ask questions, don't trust empty promises, and don't be afraid to change lawyers if you feel the collaboration isn't working.