30 Questions to Ask a Lawyer Before Hiring Them
The first consultation is the best opportunity to decide whether a lawyer is the right fit, and the right questions make that decision much easier. The questions below cover four areas: experience, strategy, fees and communication. Together they show whether the lawyer has handled similar matters, how they plan to approach the case, what it will realistically cost and how the working relationship will run.
How to use this list
- Pick the 8 to 10 questions that matter most for the situation. A short consultation will not cover all 30.
- Bring the list in writing and take notes on each answer.
- Ask the same core questions to every lawyer on the shortlist so the answers can be compared fairly.
- Pay attention to how the lawyer answers, not just what they say. Clear, direct and honest answers are a good sign.
Before booking, confirm the lawyer is licensed with the provincial or territorial law society using the steps in how to check if a lawyer is licensed in Canada. For the full hiring process, see the guide to finding and hiring a lawyer in Canada.
Questions About Experience and Fit
These questions confirm that the lawyer regularly handles this type of matter, not just that they are licensed to.
1. How much of your practice involves this type of matter?
A lawyer who spends most of their time on similar files will know the law, the procedures and the people involved. Someone who handles it occasionally may still be capable, but will likely take longer.
2. How many similar cases have you handled in the past few years?
Recent experience matters because laws, court rules and local practices change.
3. How did those cases generally resolve?
Lawyers cannot share confidential client details, but they can describe general patterns, such as how often similar matters settle and how often they go to a hearing.
4. Do you regularly appear in the court or tribunal that would hear this matter?
For disputes, familiarity with the local courthouse, its judges and its procedures can be a real advantage.
5. Are you licensed in this province, and is there any restriction on your licence?
The answer should match the law society's public directory. See how to check a lawyer's licence.
6. Who else at the firm would work on this file?
Many files are shared with junior lawyers, law clerks or articling students. It is useful to know who will do the day-to-day work.
7. Do you see any conflict of interest?
The lawyer should already have run a conflict check using the names of the other people involved. Asking directly confirms it.
Questions About Strategy, Outcome and Timeline
No lawyer can promise a result, but a good one can explain the options, the risks and what to expect along the way.
8. Based on what you have heard so far, what are the realistic options?
This may include negotiating, mediating, going to court or doing nothing for now. Each option should come with a short explanation of its pros and cons.
9. What are the main strengths and weaknesses of my position?
A lawyer who only talks about strengths is not giving the full picture.
10. What is the best realistic outcome, and what is the worst?
This frames the decision about how much time and money to invest.
11. Is settlement or mediation worth trying first?
Most civil and family disputes in Canada settle before trial. Early settlement usually saves significant cost and stress.
12. How long do matters like this usually take?
Ask for a realistic range, and what could make it longer, such as court backlogs or an uncooperative other party.
13. Are there any deadlines I need to know about right now?
Limitation periods, court response deadlines and notice requirements can be short. This question may be the most important one on the list.
14. What should I do, and avoid doing, while the matter is ongoing?
Common advice includes keeping records, avoiding direct contact with the other party about the dispute and staying off social media about the case.
Questions About Fees and Billing
Cost surprises are one of the most common sources of lawyer-client disputes. These questions help prevent them. For background on typical rates and billing models, see how much a lawyer costs in Canada.
15. How do you bill for this type of matter: hourly, flat fee, contingency or limited scope?
16. What are the hourly rates for everyone who would work on the file?
17. What is your estimate of the total cost, and what could push it higher?
Ask for a range and for the assumptions behind it.
18. If this is a flat fee, what exactly does it include, and what would cost extra?
19. If this is a contingency fee, what percentage applies, does it change by stage, and who keeps any legal costs awarded by the court?
20. How much is the retainer deposit, and will I need to top it up?
The deposit is held in trust and drawn on as work is billed. It is not the total cost. See what a lawyer retainer is for how it works.
21. What disbursements should I expect?
Court fees, searches, expert reports and similar expenses are added on top of legal fees.
22. How often will I receive invoices, and how detailed will they be?
Monthly itemized invoices make it easier to track spending as the matter progresses.
23. Will you tell me before the estimate is exceeded?
A yes, ideally confirmed in the retainer agreement, prevents an unwelcome surprise at the end of the file.
Questions About Communication
Poor communication is one of the most frequent complaints clients make about lawyers. Setting expectations at the start avoids most of it.
24. Who will be my main point of contact?
25. How quickly are calls and emails usually returned?
One to two business days is a common standard for non-urgent messages.
26. How will I be kept updated, and how often?
27. Are phone calls and short emails billed?
On an hourly file they usually are, so it helps to group questions together.
28. Will I receive copies of all documents sent and received?
29. What do you need from me to get started, and by when?
30. If I decide to change lawyers later, how is the file transferred?
It is a practical question, and a confident lawyer will answer it without hesitation.
Extra Questions for Specific Practice Areas
Family law
- Do you recommend mediation or collaborative law for this situation?
- How are parenting time and decision-making usually handled in this province?
- What financial disclosure will be required from each side?
Criminal defence
- What are the possible consequences if convicted, including for immigration or travel?
- Do you charge a flat fee for each stage of the case?
- Do you accept legal aid certificates?
For typical fees, see how much a criminal lawyer costs in Canada.
Real estate
- What is included in your flat fee, and what disbursements should I expect?
- When do you need the mortgage instructions and closing funds?
- Do you recommend title insurance for this property?
Wills and estates
- Should I also have powers of attorney prepared at the same time?
- How can the estate reduce probate fees in this province?
- Where will the original will be stored?
Employment
- Is the severance offer in line with what a court would likely award?
- What is the deadline to respond, and what happens if I do not sign?
- Do you offer a flat fee to review the package?
Personal injury
- What percentage do you charge, and does it change if the case goes to trial?
- Who pays the disbursements if the case is lost?
- What is the limitation period for this claim?
How to Read the Answers
Red flags
- A guarantee of a specific result. Experienced lawyers talk about likelihoods, not certainties.
- Vague answers about cost, or reluctance to put fees in writing.
- Pressure to sign a retainer or pay a deposit on the spot.
- Dismissing questions about weaknesses in the case.
- No record in the law society directory, or a licence in a different province.
- Slow or careless communication before the matter has even started.
Good signs
- Plain-language explanations without unnecessary jargon.
- Honest discussion of risks, costs and the possibility of losing.
- A written fee arrangement offered without being asked.
- Suggestions for less expensive routes, such as mediation, a paralegal or limited scope help, where they fit.
- Clear next steps and deadlines at the end of the meeting.
Comparing lawyers
After speaking with two or three lawyers, compare their answers side by side. The lowest quote is not always the best value. A lawyer with more relevant experience and a clear plan may resolve the matter faster and at a lower total cost. Trust also matters. The working relationship may last months or years, so comfort in asking questions and confidence in the advice are worth weighing alongside price.
Frequently Asked Questions
How long is a typical first consultation?
Most first consultations last 15 minutes to an hour. Referral services in Ontario and British Columbia arrange consultations of up to 30 minutes.
Is it acceptable to meet with several lawyers before choosing one?
Yes. Speaking with two or three lawyers is common and sensible, especially for significant matters.
Is what I say in a consultation confidential?
Communications made to get legal advice are generally protected by solicitor-client privilege, even if the lawyer is not hired. Lawyers also have a professional duty of confidentiality.
Should I bring documents to the first meeting?
Yes. Bring any court papers, contracts, correspondence and a short written timeline of events. Documents showing a deadline are the most important.
Ready to build a shortlist? Search LawyerDirectoryCanada.ca by practice area, province and city, then bring this list to each consultation.
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