Choosing to meet with an attorney is a significant first step in protecting your business, your assets, or your loved ones’ future. Whether you’re seeking advice on a business matter or estate planning, understanding what to expect at your initial legal consultation can help make the experience productive and stress-free.
What Happens at a Legal Consultation?
A legal consultation is your opportunity to meet with an attorney, discuss the broad outline of your situation, and determine whether the attorney or firm is a good fit for your needs. During this meeting, the attorney will usually:
- Listen to a summary of your circumstances.
- Ask clarifying questions to better understand your legal matter.
- Explain the general approach the firm may take, if retained.
- Discuss fees, billing practices, and the scope of services.
It is important to note that the initial consultation does not necessarily include substantive legal advice. Many attorneys limit their comments to general information until a formal attorney-client relationship is established and payment arrangements are made. If you require detailed legal guidance or document review during the first meeting, the attorney may frankly require payment for these additional services.
What Should You Bring to Your Consultation?
Arriving prepared can help the attorney better assess your situation and ensure that your consultation is productive. Here is a list of commonly required documents:
For Business Consultations:
- Formation documents (e.g., Articles of Incorporation, Operating Agreement, Partnership Agreement)
- Bylaws or company resolutions
- Recent business tax returns and financial statements
- Contracts, leases, or major agreements
- Employee handbooks or key HR policies
- Correspondence relevant to your legal matter (e.g., demand letters, government notices)
For Estate Planning Consultations:
- Existing wills, trusts, or powers of attorney
- Recent account statements (bank, investment, retirement, etc.)
- Deeds to real property
- Life insurance policy information
- List of intended beneficiaries and their contact information
- Any relevant prenuptial or divorce agreements
Understanding Legal Conflicts and Conflict Checking Policies
Lawyers and law firms are ethically required to avoid conflicts of interest. Before your consultation, firms typically conduct a conflict check to ensure that representing you will not impair their duties to other current or former clients. This process may involve collecting names of all parties and related entities involved in your matter.
Obtaining a consultation does not guarantee that the firm will represent you. If a conflict is identified, the firm may be ethically prohibited from providing legal advice or representation in your matter, regardless of your preference.
General Information About Legal Conflicts
A conflict of interest may arise if:
- The firm or its attorneys represent another party with adverse interests to yours;
- Confidential information obtained from another client could be relevant to your case;
- There is a personal or financial interest that could affect the lawyer’s independent judgment.
If a conflict exists and cannot be resolved, the firm will inform you promptly and, where appropriate, recommend alternative counsel.
The Attorney-Client Relationship: No Guarantees
It’s crucial to understand that a consultation is just an initial meeting. It does not obligate the attorney or firm to take on your case, nor does it create an attorney-client relationship unless both parties agree to move forward and formalize the arrangement. At Greenwood Law, we generally require a written agreement for representation.
- No legal advice may be provided until after you have retained the firm.
- Payment may be required for substantive advice or services rendered during the consultation.
Conclusion
Preparing for your legal consultation by gathering all relevant documents and understanding the process will help maximize your time with the attorney. Remember, the consultation is an opportunity for both you and the firm to determine if you are a good fit for each other. Always clarify what is included in your consultation and be aware of the firm’s conflict of interest policies. This way, you set the stage for effective, ethical, and professional legal representation—should you choose to move forward together.