Before you pay a rupee, ask about their experience with cases like yours, who will actually appear in court, and exactly how their fees work. A short first consultation is the cheapest, easiest opportunity you'll have to avoid a bad hire, hidden costs, or a mismatch you only discover after the case is already underway. If you haven't yet narrowed down which advocate to approach, start with our step-by-step checklist for finding the right lawyer.
Have you handled cases like mine in this specific court?
Ask for specifics: how many similar matters in the last two to three years, and in which court or forum. An advocate who can describe how they typically approach a case like yours, not just claim general experience, gives you a much better basis for deciding.
Will you personally appear in court, or will a junior associate handle it?
This matters more than most first-time litigants realise. Neither answer is automatically disqualifying, but you deserve to know upfront whether the senior advocate you're speaking with will actually be present at your hearings, or whether most of the day-to-day work goes to a junior under their supervision.
What is your fee structure?
Push for specifics rather than a vague range: is this a retainer covering an agreed scope, a per-hearing fee, or a flat rate for drafting a specific document like a notice or agreement? Ask what counts as an "additional" charge beyond the base fee, court fees, typing charges, travel, so nothing surprises you later. Our guide to how lawyer fees are structured in India covers typical ranges for each structure.
What is your realistic assessment of my case, not just the best case?
A lawyer who only tells you what you want to hear is not doing you a favour. Ask for their honest read on the weaknesses in your position, not just the strengths, and how long they realistically expect the matter to take.
What are the red flags to watch for?
- A guaranteed win. No advocate can guarantee a court's decision. This claim alone should end the conversation.
- Vague or evasive answers about fees. A professional advocate can explain their fee structure clearly and directly.
- No verifiable Bar Council enrolment. Ask for it, and check it.
- Pressure to pay a large sum immediately without a clear, written scope of work.
- Reluctance to put the fee arrangement in writing. A simple email confirmation is a reasonable, standard ask.
Disclaimer: This article is for general information only and is not legal advice.
Frequently asked questions
Should I ask a lawyer if they've handled cases like mine before?
Yes, and be specific: ask how many similar matters they've handled in the last two to three years, and in which court. A general "yes, I've done this before" without specifics is a weaker answer than a lawyer who can describe how they typically approach a case like yours.
Will my case actually be handled by the lawyer I'm hiring?
Ask directly whether they will personally appear at hearings, or whether the matter will be handed to a junior associate for most of the work. Neither answer is automatically wrong, junior associates often handle routine hearings competently under supervision, but you should know this upfront, not discover it at your first hearing.
What fee structure should I expect?
Common structures include a retainer (a fixed upfront amount covering an agreed scope), per-hearing fees (paid for each court appearance), and flat drafting fees for a specific document like a notice or agreement. Ask which applies to your matter and get it confirmed in writing before work begins.
What's a red flag when hiring a lawyer?
A lawyer who guarantees a 100% win, since no ethical advocate can guarantee a court's outcome, is a significant red flag. Other warning signs include reluctance to discuss fees clearly upfront, no verifiable Bar Council enrolment, and pressure to pay a large sum immediately without a clear scope of work.
Should I get the fee agreement in writing?
Yes. Even a simple written confirmation, over email or in an engagement letter, of the agreed fee structure, scope of work, and what counts as an additional charge protects both you and the advocate from later disputes about what was promised.