Hiring Guide · a Lawyer or Attorney
How to Hire a Litigation Attorney
Hire a litigation attorney whose case volume and resolution track record in your dispute type match your situation — commercial, employment, IP, and contract disputes each require specialized litigation experience. Ask for their case resolution breakdown: settled versus tried versus dismissed.
Typical rate range$300–$600/hr for commercial litigators; contingency arrangements available for some personal injury and employment claims
How to vet a specialist
Ask for their trial rate — most litigators settle 90–95% of cases; if your matter is likely to go to trial, find someone with genuine trial experience, not just settlement experience
Confirm experience in the specific court where your matter is filed — federal versus state court, and the specific district or division, have different procedural rules and judicial preferences
Ask who will actually appear for you — at larger firms, partners bring in clients but associates handle hearings; understand the delegation structure before retaining
Get a realistic total cost range for the full matter, not just the hourly rate — commercial litigation commonly runs $50,000–$500,000 depending on complexity and duration
Ask what the strongest argument against your position is — a litigator who cannot articulate the opposing side's best case is not fully prepared
Questions to ask
Ask these in any initial consultation to quickly separate strong candidates from weak ones.
1.What is your settlement versus trial rate, and given my situation, how do you see this most likely resolving?
Why it matters: Settlement rate reveals expectations. An attorney who settles everything is appropriate for most matters; one with genuine trial experience is necessary when the other side knows settlement is your only option.
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