Hiring and Managing an Attorney: What Every Client Should Know

Choosing the right attorney—and managing that relationship effectively—is one of the most important decisions you’ll make in any legal matter. Whether you're pursuing a lawsuit, defending against one, or simply trying to resolve a legal issue, the attorney-client relationship is a partnership. Like any good partnership, it works best when there’s clarity, trust, and communication.

Here are some key guidelines to keep in mind:

1. Start with a Goal, But Stay Flexible

When you first speak with an attorney, you should have a general goal in mind. Maybe it’s recovering damages, avoiding liability, or protecting your rights. But it’s also important to understand that litigation is rarely straightforward, and legal outcomes aren’t always black and white. A good attorney will listen to your goals but also provide a realistic assessment of your chances—and might suggest adjustments to your strategy based on the law, evidence, and experience. Stay open to this guidance. That’s what you’re hiring them for.

2. Be Mindful of Your Own Optimism Bias

Humans tend to overestimate their strengths and underestimate risks. It’s called optimism bias, and it affects everyone. In fact, in a survey of 1,000 drivers, 85% ranked themselves as “above average.” That’s statistically impossible.

The same bias shows up in legal disputes. Many clients are convinced they have a “million-dollar case”—but most don’t. If your attorney tells you your case is worth less than you think, they’re probably right. Listening to that advice can mean the difference between a fair settlement and a drawn-out, expensive litigation that ends badly.

3. You’re the Boss—But a Good Boss Listens

Remember: you are in charge of your case. The attorney works for you. But just as you would listen to a doctor’s advice before making a medical decision, you should listen carefully to your attorney’s input. If you start to feel like your attorney is making decisions for you, not with you, it may be time to reassess the relationship. You want a lawyer who will advocate strongly, not steamroll you.

4. The Case Is Not Your Attorney’s—It’s Yours

This is your case—not your attorney’s. Your involvement matters. The more prepared and informed you are, the stronger your case can be. Take time to:

• Gather and organize relevant documents and evidence

• Make a list of witnesses who can support your position

• Research the background of the dispute

• Communicate clearly and timely with your lawyer

Litigation also demands your participation. You may be required to attend a medical exam, sit for a deposition under oath, respond to written questions (interrogatories), turn over documents, or even testify at trial. Be ready for this. Your case will succeed or fail not just on what your lawyer does, but on how prepared and involved you are as the client.

5. You’re Responsible for Your Attorney’s Conduct

This may surprise you, but in the eyes of the court, you are responsible for what your attorney does on your behalf. If your lawyer breaks rules or fails to follow court orders, you could pay the price—literally, in the form of sanctions or lost claims. That’s why it’s essential to hire someone you trust to follow the rules, act ethically, and keep you informed.

6. Think Long-Term: Litigation Is a Marathon, Not a Sprint

Lawsuits can take years to resolve. While it’s natural to want quick results, having a strategic mindset and a long-term view is critical. Think about where you want to be at the end of the case—and the different paths to get there. Your attorney should be thinking the same way.

7. Ask About the Attorney’s Strategic Plan

One of the most important questions to ask a prospective attorney is this: “What’s your strategic plan for my case?” If they don’t have one, or if their answer is vague or reactive, that’s a red flag. A case can be undermined early on if the attorney fails to plan for future developments. Even if your case settles, your lawyer should still prepare from day one as if it’s going to trial. That’s how strong cases are built.

8. Don’t Hire a Cheerleader—Hire a Truth-Teller

If you walk out of a consultation and everything sounds too good to be true, it probably is. Litigation is risky. It’s unpredictable. And yes, you may lose. A good attorney will tell you that upfront. If you’re only hearing best-case scenarios and no potential downsides, your lawyer is either naive or dishonest—and neither of those is someone you want standing next to you in court.

Final Thoughts

Hiring an attorney is about more than just choosing someone with the right degree or a slick website. It’s about finding a strategic partner—someone who’s honest, skilled, realistic, and committed to getting you the best possible outcome under the circumstances. And once you hire them, managing that relationship with mutual respect, open communication, and shared responsibility will put you in the best position for success.