Choosing The Best Attorney

So, you need an attorney. Maybe you have been sued or threatened with a lawsuit, need to file a lawsuit, or need legal counsel for a business decision.

Congratulations! If you have read this far, you are clearly serious about selecting the right attorney, which is commendable.

How do you choose the best attorney? A quick online search reveals countless options. Are all attorneys essentially the same, or does your choice truly make a difference?

The attorney you choose can make a significant difference. Not all attorneys are equal. In fact, there are only a few truly excellent attorneys in any given legal field. Your choice of attorney can determine whether you win or lose your case—even before you reach the courtroom. Choose wisely.

So, how do you choose a good attorney? There is no foolproof method. Over my career, I have selected or approved hundreds of attorneys for important matters and participated in interviewing and selecting attorneys for judgeships. Even with extensive experience, I have made a few mistakes, but most choices were good ones. Fortunately, there are key considerations that can increase your chances of hiring the best attorney.

First, understand that the stronger your case or the more important your legal matter, the more critical your choice of attorney becomes. If the facts or law are not in your favor, you are likely to lose—even with a skilled lawyer. Few attorneys can achieve a win when the law and facts support your opponent. While it is always important to have a good lawyer, in a weak case, even the best attorney may not be enough to secure a win.

Conversely, when the law and facts are on your side, selecting a strong attorney is essential. More good cases are lost by poor attorneys than weak cases are won by excellent lawyers. Put simply, a poor attorney is more likely to lose a strong case than a great attorney is to win a weak one. If you have a strong legal case, you owe it to yourself to choose the best possible attorney.

Of course, before retaining a lawyer, it is often difficult to assess the strength of your case. This is why it is crucial to seek out an excellent attorney—one who will provide honest feedback about your chances of success. Such candor can save you time, money, and unnecessary stress in the long run.

So, how does one choose a good lawyer? Following are key points to consider:

Character and Candor

Look for a lawyer who is honest and demonstrates integrity, even when no one is watching. To assess this, start with a Google search, which may reveal if an attorney has been disciplined or involved in questionable activities—matters you should discuss directly with any potential attorney. In many states, AVVO provides public information on disciplinary actions. Beyond these initial checks, pay attention during your conversations: Is the attorney making promises that sound too good to be true, such as guaranteeing a specific outcome? Or is the attorney upfront and candid about the challenges, costs, and risks associated with your case?

Sometimes, the best advice you can receive is not to pursue a case, or to settle one brought against you. The best lawyers provide honest assessments, even if it means they do not gain your business. Ask an attorney not only how to win, but whether you should pursue or defend the case at all. An excellent attorney will guide you with integrity.

Experience

Experience is a key factor when selecting an attorney, but it’s about more than just the number of cases handled. Some of the best attorneys focus on major cases—so an attorney who manages five significant matters a year may be more skilled than one who handles 200 minor cases. An attorney may also perform well on many cases or poorly on a few. While experience matters, sheer numbers do not tell the whole story.

When evaluating experience, consider whether the attorney has relevant expertise in the area you need—such as trial, appellate, or administrative matters. Does the attorney have experience in federal or state court? Do they handle criminal or civil cases, represent plaintiffs or defendants, or both? Ensure your attorney has experience that aligns with your specific legal needs.

Next, ask whether the attorney has specific experience relevant to your case, especially if you require expertise in a specialized area such as tax law. Keep in mind that trial, appellate, governmental, and administrative attorneys often possess skills that transfer across multiple legal specialties. For example, an outstanding appellate attorney may not have handled your precise issue before, but will be adept at mastering new legal topics for appeals.

You should also consider whether your attorney has credentials that indicate recognition by those skilled at evaluating legal talent. Judicial clerkships—especially at the appellate level—are highly competitive and prestigious, with hundreds or even thousands of applicants for each position. If your attorney has completed a judicial clerkship, it is a strong signal that their abilities were highly regarded by judges who work with many attorneys.

Another important factor is whether the attorney has held high-level public sector positions with significant responsibility at the state or federal level. Such roles—like serving in the White House, the Justice Department, or as general counsel or deputy general counsel at major federal agencies—often require selection by individuals who regularly assess legal talent. At the state level, positions in the Governor’s Legal Office or as general or deputy general counsel at key agencies also reflect high regard, though the specific administration’s reputation may be relevant.

When assessing experience in private practice, consider whether the attorney has worked at major law firms with selective reputations, such as Hogan Lovells or Gibson Dunn. Being at a prestigious firm can indicate a high standard of quality, as these firms often recruit from the top of law school classes. However, many excellent attorneys work at smaller firms. Keep in mind that you may pay a premium for the same quality of legal representation at a large firm due to higher overhead costs, while a smaller firm may offer comparable expertise at a lower rate.

Also consider the attorney’s level of responsibility and the caliber of clients they have represented. While most attorneys begin their careers assisting on cases, strong attorneys eventually assume primary responsibility for significant matters. Ask about the types of clients they have served and the roles they have played in those cases.

Review any reported cases involving your attorney, particularly if you are seeking trial or appellate representation. While having reported cases is not a guarantee of quality, most reputable trial and appellate attorneys will have such cases if they have practiced for a reasonable length of time.

Academic Excellence

The quality of the law school your attorney attended and their academic performance can influence the quality of representation you receive. Generally, attorneys who attended highly selective law schools, such as Yale, and have accumulated significant relevant experience, are likely to offer stronger representation than those from unaccredited schools. Graduating with honors, receiving “book awards” (given to the top student in a subject), and participation in law review are strong indicators of academic achievement. While none of these factors alone guarantee excellence, they are important considerations.

Reputation and References

An attorney’s reputation matters, but it is only as reliable as its source. Ask for referrals or recommendations from people you trust, especially those with experience working with multiple attorneys. Be cautious about relying on recommendations from those who have limited exposure to legal professionals, as their standards or experiences may not provide an accurate reference.

Cost

Cost is an important factor when choosing an attorney, but it can be complex. While higher-quality attorneys often charge more, some less qualified attorneys may charge rates similar to top practitioners. Be wary of unusually low rates unless you understand the reason—lower fees may be justifiable for attorneys at smaller firms with lower overhead or for newer attorneys seeking experience. Conversely, be cautious of unusually high rates, especially for routine matters. Remember to look beyond hourly rates; a lower rate may not save money if it takes the attorney significantly longer to complete your case.

In-Person Evaluation

We used to recommend in-person evaluations, but Covid changed the use of video conferences, so we no longer stress in-person meetings. Even the most qualified attorney may not be the right fit if you do not have a good rapport. .

Caution Signs with an Attorney – things that suggest taking a second look.

Agreeing to represent you without sufficient information or investigation.

Not being transparent about the strengths and weaknesses of your case.

Failing to clarify whether the attorney you are speaking with will personally handle your case, or if it will be assigned to someone else or referred to another firm.

Not explaining both the risks and benefits of your options.

Guaranteeing a win or promising a specific recovery amount.

Not explaining how you could prevail or what legal standards must be met.

Charging a rate that is significantly higher or lower than other attorneys without a clear explanation.

Congratulations on reaching the end of this guide. Your commitment to making an informed choice in selecting an attorney is truly commendable.