A legal consultation, or attorney consultation, in Montana, is a meeting with a lawyer that an individual has before they decide to hire them. Having this meeting does not mean that the lawyer is automatically agreeing to take the case or that the individual is required to hire that lawyer.
Before a potential client goes to their consultation, they should compile any documents, items, or other information that may be relevant to their case. If there is something that an individual is unsure about bringing, they should bring it to the meeting and let the attorney review it.
Examples of documents or items that an individual should bring to their meeting include:
- Employment records: If there is an employment dispute:
- An employment agreement;
- An employment contract;
- Their timesheets;
- Contracts: If there is a contract dispute:
- Copies of the contract;
- Any documents related to the contract;
- Correspondence regarding the contract;
- Property deeds: If there is a property dispute:
- A copy of the deed;
- Other documents related to the property;
- Any correspondence about these documents;
- Reports: If there was an incident:
- The accident report;
- The police report; and
- Any other evidence from the incident; and
- Other documents evidencing damages: Damages can be shown by:
- Medical expenses;
- Receipts
- Medical records;
- Warranties;
- Correspondence between the parties.
What Will Be Discussed at a Legal Consultation?
What an individual will discuss during their consultation will depend on the legal concern or issue they are facing. Typically, they will also discuss the lawyer’s fee arrangement, which may be a contingency fee, a flat fee, an hourly fee, or other arrangement.
Just because an individual has a consultation with an attorney, it does not mean that an attorney-client relationship is formed during that meeting. However, during this meeting, the attorney may provide the individual with legal advice.
If the attorney provides the individual with advice that involves issues with their competence or if the attorney expressly or impliedly agreed to provide advice or assistance with the matter, an implied attorney-client relationship may have been formed, even during the initial consultation. However, the lawyer may tell the individual that they are giving the information, but not for the purpose of forming this type of relationship. In that case, the individual should consider the information as a pitch for the attorney’s service.
Will My Legal Consultation Be Confidential?
An individual’s legal consultation will be confidential, meaning that the information shared at the meeting will not be shared with others. Because of this, an individual can be totally honest with the lawyer, so the lawyer will be able to build the best case for their client.
Even though a lawyer-client relationship may not be formed during the meeting, the information will be kept privileged and confidential, as if attorney-client privilege had formed.
What Questions Should I Ask During a Lawyer Consultation?
As noted above, exactly what an individual will discuss during their meeting will depend on their issue. However, there are some questions that a potential client may want to ask their attorney, including:
- What experience they have with similar cases;
- Where the lawyer attended law school;
- How long has the lawyer been practicing in Montana;
- What cases they usually handle;
- The strategy for the case;
- If there are available alternatives to going to court;
- The percentage of cases the lawyer has settled outside of court;
- The possible case outcomes;
- Whether the attorney will prepare the case for court even if they plan to settle the case outside of court;
- The fee structure; and
- Any additional costs.
Are Lawyer Consultations Free?
With some types of cases, attorneys may offer free consultations, for example, in cases that are paid by contingency fee. If the attorney does not offer free consultations for their client, they will charge a consultation fee.
A consultation fee may vary based on many factors, such as the location of the case, the attorney’s experience and knowledge, and the type of case. It is typical for a lawyer to charge $50 to $250 for a consultation.
Potential clients should note that a consultation fee is not the same as a retainer fee. A retainer fee is paid to a lawyer to obtain their services for specific legal issues or to complete the case.
A retainer fee is often higher than a consultation fee because they are intended to cover the time and expenditures the attorney will spend on the case. Prior to an initial consultation, an individual should ask the attorney whether or not they will be required to pay a fee for the initial meeting.
How Much Does a Lawyer Cost?
How much a lawyer costs will vary depending on many different factors, such as:
- The lawyer’s reputation;
- The level of experience of the lawyer;
- The area of law the lawyer practices;
- The areas of law that the claim involves;
- The difficulty of resolving the case;
- The area where the attorney practices, as different cities and counties have different cost averages; and
- The amount of time that is spent handling the lawsuit.
In Montana, attorneys usually charge between $126 and $650 an hour, with an average of $199. It is important for an individual to be aware that they may be required to pay fees in addition to these hourly rates.
These additional fees may include administrative fees, filing fees, and other court fees. It is important for an individual to ask the attorney about what fees they will be responsible for paying and what exactly those fees will cover before they officially hire the attorney.
If a lawyer takes a case on a contingency fee basis, the client will not have to pay an hourly rate. Instead, the attorney takes a percentage of the damages award or settlement amount.
The percentage is often around 30% but it may be higher or lower. The percentage that is taken by the attorney may increase if the case proceeds to trial because the cost of handling the case also increases.
Should a Fee Agreement Be In Writing?
Yes, fee agreements should be in writing. This agreement will record in writing the parameters of the legal representation the attorney will provide, including, but not limited to:
- The fee structure
- The services that will be performed
- Any other issues crucial to the representation
Having this information in writing will help to avoid any uncertainties regarding the cost and range of the services provided. It will also provide clear documentation of the agreement between the parties should a future dispute arise.
Should I Contact an Attorney and Schedule a Legal Consultation?
If you have any type of legal issue or concern in Montana and are thinking of seeking legal help, you should consult with a local attorney in Montana as soon as possible. A lawyer can evaluate your legal issue, protect your legal interests throughout the legal process, and work to obtain the outcome you desire.
With LegalMatch, you can take advantage of the database of member attorneys, many of whom will offer free consultations. At LegalMatch.com, you can submit your legal concern online for free in just a few minutes.
You will receive responses from lawyers in about 24 hours who are ready to start helping with your legal issue. You can also have consultations with more than one lawyer who offers free meetings, so you can ensure that you choose the lawyer that best suits your needs.
