If you’re considering hiring a lawyer, you’re likely navigating an unfamiliar and stressful situation. Whether it’s a family matter, wrongful death, probate administration, criminal charge, or business dispute, the legal system can feel overwhelming if you don’t know where to start or what the process even looks like.
Having a good Montana lawyer in your court completely changes the game. An experienced attorney provides more than legal representation. They’re your trusted guide, offering clarity and guidance at every turn so you feel confident with how your case is being handled, not anxious.
This guide walks you through the process of hiring a lawyer—from the first consultation through resolution—so you know exactly what to expect. By understanding each step, you can feel more confident and better prepared to choose the right attorney for your needs.
Why Hiring a Lawyer Really Matters
You wouldn’t travel to a new country alone without doing the proper research or partnering with the right help. Think of a lawyer as the trusted local guide who helps you navigate a new country. The right lawyer protects your rights, builds a legal strategy, and shields you from costly missteps. Without one, you’re left to navigate complex rules, deadlines, and negotiations alone. Key benefits of hiring a lawyer include:
- Protection of Rights: A qualified attorney ensures that law enforcement officers, opposing counsel, and government agencies follow all proper procedures and respect your legal rights.
- Guidance on Big Decisions: A skilled lawyer provides clear explanations of your options and the likely outcomes so you can make informed, confident decisions.
- Stress Reduction: By hiring a lawyer, you allow a professional to handle filings, negotiations, and deadlines, which significantly reduces your stress throughout the legal process.
- Time Management: By hiring an attorney early, you also gain more time to develop a strategy, negotiate, or settle on favorable terms rather than scrambling at the last minute.
Let’s Walk Through the Legal Process
Step 1: The Initial Consultation
The first step in hiring a lawyer is usually an initial consultation—essentially, an introductory meeting or phone call with the attorney.
What Happens during This First Consultation?
It’s a chance for you to get to know the lawyer and for the lawyer to learn about your case. You’ll discuss the basics of your situation, your goals, and any concerns you have. The attorney will likely ask questions to understand the facts and what you’re hoping to achieve. This is also your opportunity to ask questions about the lawyer’s experience, how they would handle the case, and what working with them might look like.
Here are a few things to know about and do during an initial consultation:
- Confidential and No Pressure: Everything you share in a consultation is confidential, even if you don’t end up hiring that lawyer. You can speak freely about the details of your case. And remember, this meeting doesn’t mean you’re locked into anything. It’s a chance for both sides to evaluate a potential partnership.
- How to Prepare: To get the most out of your consultation, come prepared. Bring any relevant documents related to your case. For example, if it’s a personal injury matter, bring accident reports, medical bills, insurance correspondence, etc. If it’s a criminal case, bring copies of the charge or any paperwork from the court. Consider writing down a timeline of events and a list of questions you want to ask.
- What to Discuss: The lawyer will likely ask you to describe what happened and what outcome you’re seeking. It’s important to be truthful and thorough. Even if some details seem unfavorable or embarrassing, your lawyer needs the full picture to help you. Don’t worry, they are not there to judge you, only to help. Additionally, ask the lawyer about their experience with cases like yours and what their initial thoughts are. You might ask about their approach if they were to represent you, and you can also inquire about potential strategies or hurdles they foresee.
Step 2: Retaining the Lawyer and Understanding Fees
“Retaining” a lawyer is essentially the step of officially hiring them to represent you after you’ve agreed to work together. It usually involves some paperwork and an agreement on fees. Understanding the fee structure and costs upfront is extremely important so that there are no surprises later. Here’s what happens in this step:
- Fee Agreement: Once you decide, “Yes, I want this lawyer to handle my case,” the attorney will provide a contract often called a fee agreement or fee contract. This document outlines the terms of the attorney-client relationship. It will specify what the lawyer will do for you, who exactly will work on the case, how you can end the relationship if needed, and critically, how fees and expenses will be handled. Read this agreement carefully, and don’t hesitate to ask questions.
- Fee Structures Explained: Lawyers can charge for their services in different ways. The common fee structures include hourly fees, flat fees, and contingency fees, and sometimes a combination. Here’s a quick rundown:
- Hourly Rate: This means the lawyer charges a set amount per hour for the time they spend working on your case.
- Flat Fee: This is a set total fee for a specific service or the whole case. Many criminal defense attorneys also charge flat fees with a tiered structure that calls for additional fees should the case require filing motions or going to trial.
- Contingency Fee: This is common in personal injury and some civil cases. “Contingency” means the lawyer’s fee is contingent upon (dependent on) the outcome. Typically, you pay a percentage of the money you recover if you win or settle, and if you get nothing, you owe no attorney fee (though you might still pay certain expenses like filing fees or expert witness costs).
- Other Costs: In addition to the attorney’s fee, there are usually case expenses. These might include court filing fees, costs for obtaining records, postage, travel, deposition costs, expert witness fees, etc. The client is responsible for paying these costs, either as they come or out of any settlement.
- Initial Payment, Representation Begins: Once the paperwork is signed and any initial payment (if required) is made, the attorney is officially “on the case.” This means they will file a notice with the court if needed, and they will begin taking concrete actions on your behalf. Now you can direct all case-related communications to go through your lawyer.
After this, you’re truly a team with your lawyer, and you can focus on the substance of your case knowing the terms of engagement are settled.
Step 3: Case Evaluation and Strategy Development
After a successful consultation, if you decide to move forward, the next step is for the lawyer to formally evaluate your case and start developing a strategy. This stage happens once you have agreed to hire the attorney (often after signing a representation agreement, which we’ll cover in the next step). Here’s what happens during case evaluation and strategy development:
- Fact Gathering: Your lawyer will dive deeper into the facts of your case. They may ask you for more detailed information or documentation that you didn’t cover in the initial consultation. If any investigation is needed (like visiting a scene, collecting photos, or getting expert opinions), the attorney will initiate that.
- Legal Research: Attorneys will review the laws, regulations, or precedents that apply to your situation. Whether it’s Montana state law or federal law (if your case involves federal issues), they will identify which laws govern your case.
- Identifying Strengths and Weaknesses: A good lawyer will point out the challenges or risks in your case to create a realistic strategy. For example, if you’re filing a lawsuit, the attorney will evaluate the evidence in your favor and any that might favor the other side. If you’re facing charges, the lawyer will consider the prosecution’s strongest points and how to counter them.
- Strategy Development: Using the facts and legal research, your lawyer will formulate a strategy for moving forward. It could include deciding whether to attempt a settlement or push toward a trial, which defenses or arguments to emphasize, what evidence to gather next, and the timeline. Your attorney might outline multiple scenarios depending on how things unfold.
- Communication of the Plan: Expect a discussion where the attorney explains what they found (the merits and challenges of your case) and what the next steps they recommend. This is a collaborative process. You have the right to understand and agree with the approach. You should also hear about possible outcomes (best-case, worst-case, and likely scenarios).
By the end of this phase, you and your lawyer will have a clear roadmap. It might be a plan to negotiate with the other party, steps to gather more evidence, or preparations for filing a lawsuit or motions in court. You should feel reassured that there is a strategy in place and that your attorney has a firm grasp of your case’s details and the applicable law in Montana (or federal law, if relevant). This groundwork sets the stage for the next steps in the legal journey.
Step 4: Working With Your Lawyer Throughout the Case
Once you’ve hired your lawyer and the strategy is in motion, you’ll move into the longest phase: actively working with your lawyer as your case progresses. This is where the partnership really unfolds. Let’s break down some key aspects:
- Communication and Updates: Your lawyer should keep you informed about developments in your case. This might include updates when a new document is filed, when a court date is scheduled, or when there’s an offer from the other side, etc. It’s a good idea to establish how you will communicate and how often, whether by telephone, email, or in-person meetings.
- Your Involvement and Cooperation: Be prepared to assist by providing information or documents when your attorney asks, like receipts, contacts of witnesses, or to answer a list of questions. Delays in providing info can slow down the whole case, so answer promptly. Also, follow your lawyer’s advice on what not to do: for example, they may advise you not to discuss the case on social media, or to avoid contacting the opposing party. These guidelines are to protect your interests. While you focus on your life, your lawyer and their team will handle the rest of the legal work in the background.
- Managing Timelines and Expectations: It’s common for clients to feel anxious about how long things are taking. Early on, ask your lawyer for a rough timeline—knowing key milestones can help set expectations. Patience is often part of the process, but your lawyer should keep you informed of why any delay may be happening.
- Meetings and Strategy Sessions: Throughout the case, you might have additional meetings or calls with your lawyer to discuss strategy as things develop. Your lawyer will explain your options and make recommendations, but ultimately, decisions like settlement or plea are yours to make. A lawyer can advise, but you call the shots on accepting deals or going to trial.
Step 5: Negotiation, Settlement, or Trial
As your case progresses, it will usually head toward one (or a combination) of three paths: negotiation, settlement, or trial (or some form of final hearing). Essentially, this is the resolution phase of the legal process. Let’s break down what each path means and what to expect:
- Negotiation: This is where your lawyer communicates with the other side (it could be an insurance company, prosecutor, opposing counsel, etc.) to see if an agreement can be reached. Your lawyer will use the facts and law to advocate for the best deal possible for you.
- Settlement: A settlement is essentially an agreement reached between the parties to resolve the case without a trial. Settlements can have terms like money, confidentiality, payment plans, etc., depending on the situation. If a settlement is reached, your lawyer will ensure that the agreement is put in writing and review it with you to make sure you understand every term before you sign.
- Trial: If negotiations don’t result in a resolution, the case may proceed to trial. A trial is the formal process where both sides present their evidence and arguments in court, and a judge or jury makes a final decision. If you have to testify, you’ll be coached on how to answer questions truthfully and effectively. You’ll know what the courtroom process will be like ahead of time. Nothing happens without prior discussion and prep.
- Alternate Paths: It’s worth noting that some cases might go through alternative dispute resolution methods like mediation or arbitration as part of this step. Mediation is a facilitated negotiation with a neutral third party helping both sides talk through a resolution. Arbitration is a more informal trial-like process in front of an arbitrator. Your lawyer will advise if either of these is suitable or required.
FAQs on Hiring an Attorney
Q: How long does the process of hiring a lawyer take?
A: In most cases you can schedule an initial consultation within a few days, and—if you decide to move forward—retain the lawyer the same week. Paperwork and fee agreements usually take only a day or two, allowing your attorney to start work quickly. Keep in mind, though, that while hiring a lawyer is fast, the overall timeline of your case will depend on its specifics and the court’s schedule.
Q: How do I know if a lawyer is right for my case?
A: Look for a lawyer with direct experience handling cases like yours, a solid reputation, and familiarity with Montana courts. Check their credentials, fee transparency, and how honestly they set expectations. Just as important, pay attention to how you feel after meeting them—did they listen, explain clearly, and make you feel comfortable? When you’ve found the right lawyer, you’ll usually feel confident and relieved after the consultation.
Q: Does hiring a lawyer make me look guilty?
A: Absolutely not. This is a common concern, especially in criminal cases, but rest assured that exercising your right to a lawyer is never an admission of guilt. In fact, it’s the smart thing to do to protect yourself.
Q: How much does it cost to hire a lawyer?
A: At Luebeck, Hammar, McCarty & Goldwarg, we pride ourselves on clear and upfront billing practices. We know legal costs can be a big worry for clients. That’s why we discuss fees candidly during the consultation and ensure our clients fully understand the fee agreement before moving forward. Our firm handles different cases with appropriate fee structures. In every scenario, we make sure you know what to expect cost-wise.
What You Can Expect From LHMG Attorneys
At Luebeck, Hammar, McCarty & Goldwarg, our Montana lawyers bring decades of experience handling cases in both Montana courts and federal jurisdictions. We know that hiring a lawyer can feel daunting, so we make communication and respect our highest priorities. Clients hear back from us promptly—usually within one business day for non-urgent matters—and we offer regular check-ins to keep you informed even when a case is long-running. Our approach is compassionate and transparent: we explain court delays, new developments, and next steps so you’re never left wondering. Whether we’re negotiating a favorable settlement or preparing a case for trial, our team is always ready to advocate fiercely while treating you with dignity, clarity, and care.
Schedule a No-Obligation Consultation Today
Hiring a lawyer is a proactive, protective step—one that can safeguard your rights, clarify your options, and give you peace of mind. At Luebeck, Hammar, McCarty & Goldwarg, our Montana lawyers are ready to listen, explain your legal situation, and guide you through your next steps without pressure or confusion. Whether you’re facing a criminal charge, planning your estate, or resolving a dispute, we’ll give you clear answers and practical guidance so you can move forward with confidence.
