Use these criminal defense lawyer consultation questions/script when interviewing lawyers. Print it, bring it to every consultation, and don’t apologize for asking these questions. The lawyers worth hiring won’t be offended.
Created by Justin Paperny, former federal defendant and crisis manager who has worked with hundreds of criminal defense attorneys over 17 years.
Before You Start: Set the Right Tone
Most people walk into lawyer consultations feeling scared, desperate, and willing to accept whatever the lawyer tells them.
Don’t do that.
You’re interviewing them. Not the other way around.
The questions below will separate lawyers who are confident in their work from lawyers who are just good at sales. Use every single one.
One-Page Lawyer Consultation Script
(Read this. Take notes. Don’t apologize for asking.)
0) Set the tone (10 seconds)
“Before we get into the facts, I want to be clear: I’m interviewing a few lawyers. I’m going to ask about your experience, your process, who does the work, and how you bill. I’m not looking for promises—I’m looking for transparency.”
1) Competence: Can you actually do this work?
A) Explain my situation like I’m in high school
“Can you explain what I’m facing in plain English—no legal jargon? What are the two or three biggest issues that will drive the outcome?”
(If they can’t explain it simply, that’s a red flag.)
B) What’s my realistic exposure?
“What’s the maximum exposure? What’s the minimum? And what’s realistic based on cases like mine?”
Follow-up: “What facts would make it better? What facts would make it worse?”
C) Show me evidence you’ve done this before
“I’m not asking for confidential information. But I do want to see evidence of your work.
Can you show me one or two publicly filed examples of sentencing memos or motions you wrote—recent ones—so I can see how you argue?
If you can’t share filings, can you show me an anonymized outline of how you structure a sentencing memo and what you typically include?”
(Watch the reaction. Confidence looks calm, not defensive.)
D) What do you do that’s different?
“In a case like mine, what do you do that most lawyers don’t do? Walk me through the first 30 days if I hire you.”
E) What can I do to prepare to get the best outcome?
“I’m not looking to just sit back and ‘let you handle it.’ What can I do to help get the best outcome?”
Follow-ups:
- “What documents should I start gathering this week?”
- “What should I avoid doing that could hurt me?”
- “What are the biggest mistakes you see clients make right after hiring you?”
- “If you gave me a checklist for the next 30 days, what’s on it?”
- “Should I be documenting anything? Writing anything down? Starting any kind of journal or record?”
A) Who is my actual lawyer day-to-day?
“Be specific: who will I talk to weekly? Who will write the motions? Who drafts the sentencing memo? Who shows up to the probation interview and sentencing?”
Follow-up: “If you’re not the person doing most of the work, I want to meet the person who is.”
B) Billing and guardrails (don’t skip this)
“Do you charge hourly or flat fee?”
If hourly:
- “What’s your rate?”
- “What are associate and paralegal rates?”
- “How do you prevent duplicate billing—multiple lawyers on the same call, everyone cc’d, etc.?”
- “What’s a realistic total range from start to finish?”
If flat fee:
- “What is included and what’s not?”
- “What triggers additional charges?”
- “If the case gets more complicated, how do we handle that?”
C) Retainer reality
“What’s the retainer? Does it have to stay at a certain balance? What happens if it runs low and I can’t refill it immediately?”
Follow-up: “If the retainer runs out mid-case, will you keep working while I figure out payment, or does all work stop immediately?”
3) Fit: Are you invested, or am I just another Tuesday?
A) Why do you do this work?
“Why do you do criminal defense work specifically? What keeps you doing it?”
B) Communication expectations
“How often will we speak? What’s your policy on returning calls/texts? If I email questions, when should I expect a response?”
Follow-up: “If I feel confused or anxious, what’s the best way to raise it with you?”
4) References: How do I validate you?
“I’m going to ask this directly: can you provide 3-5 names of clients from the past 18 months who agreed to serve as references? First and last names, so I can verify they’re real people?”
If they say no: “Okay—then what can you give me to validate outcomes? Public filings? A list of cases I can look up? Anything that lets me verify your work beyond awards and reviews?”
5) The close (don’t hire on the spot)
“Thank you. I’m going to review my notes, speak with two other lawyers, and I’ll get back to you. If I hire you, I want the scope, billing terms, and who does what in writing.”
Red Flags: What to Watch For
If you see any of these during your consultation, write them down and think very carefully before hiring this lawyer:
- Promises with no substance: “I can keep you out of prison” without walking you through how.
- Defensive energy: They get irritated when you ask about proof, staffing, or billing.
- Can’t explain it simply: They hide behind jargon instead of explaining your situation in plain English.
- Vague billing: “It depends” with no realistic range, no guardrails, no clarity.
- Bait-and-switch staffing: The “big name” sells you, then you’re handed to someone you’ve never met.
- Minimizes critical events: They call probation/PSR “nothing” or act like sentencing is a formality.
- No plan for your role: When you ask, “What can I do to prepare to get the best outcome?” they say: “Nothing. I’ve got it covered.” If they can’t name at least three specific things you should do this week, Houston, we have a problem.
- Communication dodge: They won’t commit to response times or how often you’ll speak.
- Won’t let you speak to recent clients: Only offers anonymous testimonials or gets defensive about references.
- You feel small: They talk over you, rush you, or make you feel like you’re inconveniencing them.
Why These Questions Are Relevant: Actual Stories
The $500,000 Mistake
I once spoke with someone who paid over $500,000 for a standard federal case. Fifteen months in prison—right in the middle of the guideline range. Nothing complicated.
How did the bill get that high?
Three to four lawyers attended every meeting. All cc’d on every email. All showed up to the probation interview. The sentencing hearing was continued three times—one day, his legal team sat in the courthouse all day billing.
“Associates got trained on my nickel,” he told me. “I paid half a million to get a middle-range sentence.”
He never asked about a flat fee. Never asked who would actually be working on his case. Never asked how to prevent duplicate billing.
He hired out of fear. And he paid for it.
The Lawyer Who Wouldn’t Show Her Work
Someone in our community was interviewing a lawyer who had top ratings on Avvo and Martindale-Hubbell. $350,000 fee.
He asked to see a sentencing memo she’d written.
“Why?” she said.
“I want to see how persuasive you are. I assume there are cases where you asked for one thing, the government asked for another, and you won. What did you write? What convinced the judge?”
She got defensive. Wouldn’t share her work. Wouldn’t let him speak with clients. Made excuses about confidentiality.
He didn’t hire her.
He found a different lawyer who charged half as much, proudly shared her memos, and gave him twenty client names to call. That lawyer did excellent work.
The questions in this script would have exposed the first lawyer immediately.
The “Top-Rated” Lawyer Who Didn’t Care
I have a text message from a supposed all-star lawyer in Orange County. She sent it to her client:
“Stop asking me about the probation interview. It is a 10 minute meeting with a few personal questions. It is nothing, stop asking me. It is not a big deal. Someone on my staff will be there with you, not me. Stop asking me. GOT IT?”
The probation interview feeds the pre-sentence report—the single most important document a judge reads before sentencing. It can mean the difference between years in prison.
And this “top-rated” lawyer told her terrified client to stop asking about it.
The question “Why do you do this work?” would have revealed this immediately. Because for her, it was just a job. Just another Tuesday.
What Good Lawyers Do Differently
Good lawyers:
- Explain your case in plain English
- Proudly show you their work
- Give you names of recent clients to call
- Tell you the worst-case scenario, not just the best
- Have a specific plan for the first 30 days
- Give you a clear, actionable list of things you can do to help your case
- Communicate regularly (weekly or bi-weekly at minimum)
- Are honest about what they don’t know
- Welcome your questions instead of getting defensive
If a lawyer checks all these boxes, you’ve probably found someone worth hiring.
If they don’t? Keep looking.
How to Use This Script
Step 1: Print it Don’t try to memorize it. Don’t try to wing it. Print this page and bring it with you.
Step 2: Use it with every lawyer you consult Interview at least three lawyers. Use this script with all of them. Compare answers.
Step 3: Take detailed notes Write down their answers. Pay attention to how they react to the questions, not just what they say.
Step 4: Don’t hire on the spot Even if you love a lawyer, sleep on it. Review your notes. Compare them to the other lawyers you interviewed.
Step 5: Trust your gut If something feels off—if they talk over you, if they seem annoyed by questions, if they can’t explain things simply—listen to that feeling. It won’t get better after you hire them.
Download the PDF Version
[Button: Download Consultation Script PDF]
Print it. Use it. Don’t apologize for asking hard questions.
The lawyers worth hiring will respect you for doing your homework.
The ones who get defensive? That tells you everything you need to know.
Frequently Asked Questions
Do I really need to ask all these questions?
Yes. Every single one. I’ve seen people pay $500,000 for cases that should have cost $100,000 because they didn’t ask about billing. I’ve seen people hire lawyers who never communicated with them because they didn’t ask about communication expectations. I’ve seen people get worse outcomes because they hired lawyers who didn’t care—and they could have spotted that by asking “Why do you do this work?”
These questions exist because people who didn’t ask them paid for it later.
Won’t lawyers be offended if I bring a script?
Good lawyers won’t be offended. They’ll respect that you’re taking this seriously.
Lawyers who get defensive or dismissive when you ask these questions are showing you exactly who they are. That’s valuable information.
How many lawyers should I interview before deciding?
At least three. Ideally more if you have time. You need comparison points. The first lawyer you meet might sound great—until you meet two others and realize they couldn’t answer basic questions the others handled easily.
What if a lawyer won’t let me speak with their clients?
That’s a massive red flag. If they claim “confidentiality,” that’s nonsense. Lawyers can (and should) have clients who’ve agreed to serve as references. If they can’t provide 3-5 names with contact information, ask yourself: what are they hiding?
What if I can’t afford to interview multiple lawyers?
Most criminal defense lawyers offer free consultations. If they don’t, that’s another red flag. You should be able to interview 3-5 lawyers without paying a dime.
Should I ask these questions even if someone referred me to the lawyer?
Yes. Referrals are helpful, but they’re not a substitute for doing your own due diligence. The person who referred you might not have asked these questions either. Or they might have had a different case with different needs. Do your own homework.
What if the lawyer can’t show me examples of their work?
If they claim everything is confidential, ask for anonymized examples with names and identifying details removed. If they still refuse, that’s suspicious. Good lawyers are proud of their work and find ways to show it without violating confidentiality.
How do I know if the billing structure is fair?
Get quotes from at least three lawyers and compare. Ask each one to give you a realistic total cost from start to finish. If one lawyer is significantly more expensive, ask why. If they can’t give you a clear answer, that’s a problem.
What should I do if I’ve already hired a lawyer and didn’t ask these questions?
It’s not too late. You can (and should) ask these questions now. If your lawyer gets defensive or can’t answer them, that’s important information. You might need to consider switching lawyers—yes, even mid-case if the relationship isn’t working.
Can I really fire a lawyer and hire someone else mid-case?
Yes. You can fire your lawyer at any time. There may be financial implications (you might lose part of your retainer depending on your agreement), but staying with a bad lawyer will cost you more in the long run. Read your retainer agreement carefully and consult with other lawyers if you’re considering making a switch.
About This Script
This consultation script was created by Justin Paperny (yes, that is me, looking important writing about myself in the third person!), a former federal defendant who made costly mistakes when hiring his own lawyers. Over the past 17 years as a crisis manager, he’s worked alongside hundreds of criminal defense attorneys and helped clients avoid the mistakes he made.
This script is based on real cases, real mistakes, and real outcomes. It’s designed to help you make the best possible decision during one of the most difficult times of your life.
For more resources on dealing with the criminal justice system, schedule a call.
Related Resources:
- How to Hire a Criminal Defense Lawyer (Without Getting Screwed) – Read Chapter 1
- How to Deal With a Difficult Lawyer – Preface
- 12 Questions to Ask a Lawyer
