Planning · 5 min read · Published September 2026
Questions to ask before you retain counsel
A practical set of questions about scope, communication, conflicts, timelines, fees, and who will actually do the work.
Short answer
Before retaining counsel, ask what the lawyer understands your task to be, what work is included, who will handle it, how communication works, and how fees are calculated. The goal is not to predict the outcome; it is to make the working relationship and next step clear.
Questions about the work
Ask the lawyer to describe the first stage in plain language and identify what information is still needed. If the matter could become a dispute, ask how the approach would change.
- What is the immediate next step?
- What is inside and outside the proposed scope?
- Who will make decisions and who will do the day-to-day work?
- What facts could materially change the approach?
Questions about the relationship
Good communication expectations reduce surprises. Put the answers in the engagement letter or follow up in writing so you can refer back to them.
- Who is my main contact and what is a reasonable response time?
- How will updates, documents, and approvals be handled?
- How will fees, disbursements, and invoices be discussed?
- What happens if either of us needs to end the relationship?
Common questions
Should I ask about outcomes?
Yes, but ask about process, risks, and factors that could affect the result rather than requesting a guarantee. No lawyer can ethically promise a particular outcome without knowing all relevant facts.
Do I need a written agreement?
Ask for a written retainer or engagement agreement that explains scope, fees, communication, and responsibilities. Read it before approving work.
Official sources to check
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