Checklist · Litigation
Hiring, Firing, or Complaining About a Lawyer: A Practical Checklist
11 U.S.C. § 329
- Type
- Checklist
- Jurisdiction
- National
- Date
- 2025-07-26
- Topic
- Litigation
This checklist covers the attorney-client relationship from the first consultation through any dispute that follows. The first sequence covers selecting a lawyer, including the questions to ask and the warning signs that should end a conversation. The second covers reviewing the engagement letter before signing, with particular attention to scope exclusions and the fee calculation that determines what a client actually nets. The third covers working with a lawyer: the client's own obligations, protecting the privilege, reviewing invoices when they arrive, and documenting decisions. The fourth covers what to do when communication breaks down, in the order that preserves the most options. The fifth covers changing lawyers, including the fee consequences and how to request the file. The sixth covers the three remedial paths — fee arbitration, bar complaint, and malpractice — and explains what each does and does not produce. A final sequence addresses situations where full representation is unaffordable. Steps that cannot be recovered are marked throughout.
Hiring, Firing, or Complaining About a Lawyer: A Practical Checklist
Litigation > The Attorney-Client Relationship | Published 26 July 2025 - Updated 22 November 2025 | UpLaw - uplaw.us
⭐ Two facts organize everything below. Nearly every dispute traces to a conversation that should have happened in the first meeting. And the three remedial paths do different things — choosing the wrong one wastes the opportunity.
Sequence A — Choosing
A1. Evaluate
☐ Does this lawyer handle this kind of matter regularly? ☐ Where do they practice? Familiarity with the court and the local bar is worth real money. ☐ ⭐ Who will actually do the work? The lawyer you meet is frequently not the lawyer who handles the file. Get the answer in writing. ☐ Check the state bar's public disciplinary record. ☐ ⚠ Do they carry malpractice insurance? Not all lawyers do; some states require disclosure. ☐ What is the realistic range of outcomes, and what produces the bad one? ☐ What will this cost, by phase, and what could change that? ☐ Which decisions are yours?
A2. Warning signs
⚠ Each of these is worth taking seriously. ☐ A guarantee of any particular outcome. ☐ Impatience with fee questions. ☐ No written engagement letter, or one arriving after work begins. ☐ Pressure to sign at the first meeting. ☐ Vagueness about staffing. ☐ ⚠ Unwillingness to put anything in writing. ☐ A fee structure the lawyer cannot explain in plain terms.
A3. If you consult and do not hire
☐ ⭐ Ask for a written declination. A consultation that ends ambiguously is the most dangerous outcome for both sides. ☐ Note that anything you disclosed is generally confidential even without an engagement. ☐ ⚠ Ask whether any deadline may be running, and consult other counsel promptly if so.
Sequence B — Before signing the engagement letter
☐ Read all of it. ☐ Scope — what is included and, ⭐ specifically, what is excluded (appeals, collection, tax advice, related proceedings, other parties). ☐ Who is the client — critical where a business, family members, or an insurer is involved. ☐ ⭐ Fee calculation. In a contingency matter: is the percentage applied to the gross recovery or after costs are deducted? Ask for the arithmetic on a hypothetical number. ☐ Does the percentage escalate on filing, trial, or appeal? ☐ Costs — who advances them, whether you owe them if the case is lost, and whether large items require your approval. ☐ Rates and staffing, and whether rates change annually. ☐ Billing — frequency, detail, and how to object. ☐ Communication — method, frequency, and response time. ☐ Settlement authority — ⭐ it is yours. ☐ Termination — what happens to fees, and whether the firm asserts a lien on the file. ☐ Dispute resolution — fee arbitration or another process. ☐ ⚠ Ask whether a fee cap, phase-based fee, or hybrid arrangement is available. These are negotiable and clients rarely ask.
Sequence C — Working with your lawyer
C1. Your obligations
☐ ⭐ Tell the truth, including the unhelpful facts, in the first meeting. A lawyer surprised at a deposition cannot protect you. ☐ Produce documents completely; ⚠ selective production becomes a credibility problem. See civil discovery and serving, answering, and enforcing discovery. ☐ ⚠ Preserve evidence. Deleting anything after a claim is anticipated risks sanctions under Federal Rule of Civil Procedure 37. ☐ Respond promptly; deadlines are external and unforgiving — Federal Rule of Civil Procedure 16. ☐ Pay as agreed, or raise the problem early rather than silently. ☐ ⚠ Do not contact a represented opposing party directly.
C2. Protecting the privilege
☐ Do not forward legal advice to anyone outside the representation. ☐ Do not discuss the matter in group chats or on social media. ☐ ⚠ Do not use a work email account for communications with personal counsel where the employer asserts a monitoring right. ☐ Do not have a third party present during confidential discussions. ☐ Understand that ⚠ underlying facts are never privileged — only communications are. ☐ Know that inadvertent disclosure does not always waive — Federal Rule of Evidence 502 — but do not rely on it. ☐ If you are an employee interviewed by company counsel, ⭐ ask "do you represent me?" The privilege belongs to the company — Upjohn Co. v. United States, 449 U.S. 383. See responding to a subpoena, target letter, or financial investigation.
C3. Reviewing invoices
☐ ⭐ Review each invoice when it arrives. Questions in month two are conversations; the same questions in month twenty are disputes. ☐ Question block billing — several tasks aggregated so review is impossible. ☐ Question internal conferences billed by multiple timekeepers. ☐ ⚠ Question partner time on tasks a paralegal should perform. ☐ Question duplicative review, learning time, and administrative time. ☐ Confirm how travel is billed. ☐ Ask for backup on any cost over a stated amount. ☐ Write, be specific, reference entries by date, and propose a resolution. ☐ ⚠ Do not simply stop paying. Nonpayment supplies grounds for withdrawal and converts a fee question into a crisis.
C4. Documenting decisions
☐ Confirm settlement authority in writing. ☐ Confirm in writing any recommendation you decline. ☐ Ask for written status reports on a schedule. ☐ Keep copies of everything; ⭐ maintain your own file in parallel. ☐ Ask which of these steps are planned and what each costs: Federal Rule of Civil Procedure 30 depositions, Federal Rule of Civil Procedure 33 interrogatories, Federal Rule of Civil Procedure 34 document requests, Federal Rule of Civil Procedure 36 admissions, Federal Rule of Civil Procedure 45 subpoenas, and dispositive motions under Federal Rule of Civil Procedure 12 and Federal Rule of Civil Procedure 56. ☐ ⚠ Ask to be told before any offer of judgment under Federal Rule of Civil Procedure 68 is rejected — it shifts post-offer costs.
Sequence D — When communication breaks down
⭐ Do these in order.
☐ Write — dated, specific, requesting a status update and a response by a date certain. A letter creates the record a phone call does not. ☐ Check the court's public docket yourself to see what has been filed. ☐ If no response, write again and copy any supervising attorney at the firm. ☐ ⚠ Determine whether a deadline is approaching. If one is, consult substitute counsel immediately rather than waiting. ☐ Request the file in writing. ☐ Ask directly whether the firm intends to continue the representation. ☐ Escalate to a bar complaint only after the written record exists.
Sequence E — Changing lawyers
☐ ⭐ You may discharge a lawyer at any time, for any reason. That right is essentially absolute. ☐ ⚠ Arrange substitute counsel first if a deadline is near. ☐ Do it in writing, with a clear effective date. ☐ Request the file in writing, specifying pleadings, correspondence, discovery, expert materials, and the electronic file. ☐ ⚠ Understand the fee consequence. An hourly lawyer is owed for work performed. A discharged contingency lawyer typically has a claim for the reasonable value of services, assertable as a charging lien against the eventual recovery. ☐ Where a court appearance has been entered, formal substitution is required — ⚠ and a court may decline to permit it on the eve of trial. ☐ Ask the new lawyer to address the prior lawyer's lien before settlement, not after — see negotiating a settlement and resolving liens before distribution. ☐ ⚠ Note whether the state permits a retaining lien on the file; many limit it where withholding would prejudice you.
Sequence F — When something goes wrong
⭐ Three paths, doing three different things. Choose deliberately.
F1. Fee dispute
☐ Request a detailed itemization in writing. ☐ Review the engagement letter's dispute provision. ☐ ⭐ Use the state bar's fee arbitration program — frequently free or low-cost, and mandatory for the lawyer in some states if the client elects it. ☐ ⚠ Do not withhold payment silently. ☐ Note that fees are reviewable by a court in some contexts regardless: bankruptcy under 11 U.S.C. § 329 and 11 U.S.C. § 330; court-approved settlements; class matters under Federal Rule of Civil Procedure 23; and fee-shifting matters under 42 U.S.C. § 1988 or 29 U.S.C. § 216.
F2. Bar complaint
☐ Appropriate for: neglect, failure to communicate, trust account misuse, dishonesty, conflicts, unauthorized practice. ☐ ⚠ Not appropriate for: strategic disagreements, an adverse outcome, or a fee that matches the agreement. ☐ ⚠ Discipline does not compensate you. Some states maintain a client security fund for theft, which is separate. ☐ Filing does not toll a malpractice limitations period. ☐ Assemble the written record first — letters, invoices, the engagement letter, and the docket.
F3. Malpractice
☐ Elements: duty; breach of the standard of care; ⭐ causation; damages. ☐ ⚠ Causation is where most claims fail — litigation malpractice generally requires proving the "case within a case." ☐ Expert testimony on the standard of care is generally required — see expert witnesses and scientific evidence. ☐ ⚠ Limitations periods are short and the accrual rules vary. Consult counsel promptly. ☐ Preserve the file, all correspondence, and evidence of the underlying claim. ☐ Note that sanctions provisions exist independently — Federal Rule of Civil Procedure 11 and 28 U.S.C. § 1927 — but they run to the court, not to you.
Sequence G — When you cannot afford full representation
☐ ⭐ Ask about limited-scope representation — a lawyer handling a defined piece while you handle the rest. Available in many jurisdictions and badly underused. ☐ Ask about a flat fee for a specific task: a demand letter, a document review, a single hearing, a consultation on strategy. ☐ Ask whether the matter is fee-shifting; a statutory fee may make representation viable — 42 U.S.C. § 1988, 29 U.S.C. § 216. ☐ Ask about a contingency arrangement even in matters where it is unusual. ☐ Consider self-representation for smaller matters — see small claims and self-representation, filing and trying a small claims case, and the courthouse without lawyers. ☐ Check court self-help centers, legal aid eligibility, and law school clinics.
Related resources
Plain-language overview: whose case is it. Full treatment of formation, fees, duties, privilege, conflicts, and remedies: the attorney-client relationship. Letters, checklists, and complaint outlines: the legal fee dispute and attorney relationship toolkit.
Adjacent: contracts, settlement, releases, and liens, and professional licensing and occupational discipline.
⭐ One instruction covers the checklist: get the scope and the fee calculation in writing before you sign, review invoices when they arrive, and put every concern in a dated letter.
Appendix: the questions to ask, in one place
⭐ Print this and take it to the consultation.
About the lawyer ☐ How often do you handle this kind of matter? ☐ Who else will work on my file, and at what rates? ☐ Have you been disciplined by the bar? ☐ Do you carry malpractice insurance?
About the case ☐ What is the realistic range of outcomes? ☐ What would have to happen for the bad outcome? ☐ How long will this take? ☐ What is the biggest weakness in my position? ☐ What do you need from me, and by when?
About the money ☐ What is your fee structure, exactly? ☐ ⭐ If contingency: is the percentage applied to the gross recovery or after costs? Show me the arithmetic on a $100,000 hypothetical. ☐ Does the percentage change at any stage? ☐ Who advances costs? Do I owe them if we lose? ☐ Will you tell me before spending more than $[amount] on any single cost? ☐ What is the total likely cost, by phase? ☐ Is a flat fee, a cap, or a hybrid available? ☐ Is this a fee-shifting case?
About the relationship ☐ What is not included in this engagement? ☐ How often will I hear from you, and how quickly do you respond? ☐ Which decisions are mine? ☐ What happens if I want to change lawyers? ☐ Do you assert a lien on my file?
⚠ A lawyer impatient with this list is telling you something useful.
Appendix: the letters that do the work
⭐ Four short letters resolve most problems in this area.
1. Requesting a status update
[Date] — [Lawyer]
Re: [matter]
I have not received an update on this matter since [date]. Please provide, by [date, two weeks out]: the current status; what has been filed and what remains; any upcoming deadlines; and the anticipated next steps and timing.
Please also confirm that the firm intends to continue the representation.
[Name, contact]
2. Questioning an invoice
[Date] — [Lawyer]
Re: Invoice [number] dated [ ]
I have questions about the following entries: [date, timekeeper, amount, and the question for each].
Please also provide backup for the costs exceeding $[amount] on [dates].
I would like to resolve this before the next invoice issues. Please respond by [date].
[Name, contact]
3. Discharging the lawyer
[Date] — [Lawyer]
Re: Termination of representation — [matter]
I am terminating your representation effective [date]. Please take no further action on my behalf except as necessary to protect my interests during the transition.
Please provide my complete file — pleadings, correspondence, discovery, expert materials, and the electronic file — by [date]. My new counsel is [name and contact], who will file a substitution.
Please provide a final accounting, including any unearned fees to be refunded and any lien you intend to assert, with its basis.
[Name, contact]
4. Requesting the file
[Date] — [Lawyer]
Re: Request for client file — [matter]
Please provide a complete copy of my file, including pleadings and orders; all correspondence; discovery served and received; deposition transcripts; expert reports and communications; investigative materials; and the electronic file in usable form.
Please confirm within [10] days when the file will be available and in what format. If you assert any lien, please state its basis and amount.
[Name, contact]
☐ ⭐ Send by a method that produces proof of delivery, and keep a copy.
Appendix: matching the problem to the path
⚠ Choosing the wrong path is the most common error after a relationship goes badly.
| The problem | The right path | What it produces |
|---|---|---|
| The bill is higher than expected but matches the agreement | ⭐ Fee arbitration | A determination on reasonableness |
| The bill contains entries you cannot understand | Itemization request, then fee arbitration | Correction, usually |
| Costs were incurred without approval | Itemization request, then fee arbitration | Adjustment |
| The lawyer will not return calls | ⭐ Written demand, then bar complaint | Response; discipline for persistent neglect |
| The lawyer missed a deadline and the case was dismissed | ⚠ Malpractice consultation, promptly | Compensation, if causation is provable |
| The lawyer settled without your authority | Bar complaint and malpractice consultation | Discipline; possibly compensation |
| Trust funds are missing | ⚠ Bar complaint immediately; client security fund | Discipline; limited reimbursement |
| The lawyer represents someone with an adverse interest | Bar complaint; motion to disqualify in the case | Discipline; disqualification |
| You disagree with the strategy | ⭐ A conversation, then a second opinion, then discharge | A different approach or a different lawyer |
| You lost the case | ⚠ Usually none of the above | — |
| The lawyer refuses to give you the file | Written demand, then bar complaint | The file |
| The fee was reasonable but you cannot pay it | A payment arrangement, in writing | Time |
⭐ Two clarifications that save a great deal of wasted effort. A bar complaint produces discipline, not money — it is the right tool for misconduct and the wrong tool for a fee you think is too high. And a malpractice claim requires proving that the underlying case would have succeeded, which means a lawyer's error only matters if the case was winnable.
Appendix: the second opinion
⭐ Consulting another lawyer about a pending matter is entirely proper and is not disloyal. It is particularly worthwhile at four moments.
☐ Before signing a release. ⚠ Releases are final, and a second reading costs an hour. ☐ Before trial, where the recommendation and your instinct diverge. ☐ When communication has broken down and you cannot tell whether the case is being handled. ☐ When you are told the case is worth far less than you expected, and cannot evaluate whether that is realism or resignation.
What to bring: ☐ The engagement letter. ☐ The pleadings and any dispositive motions. ☐ Recent correspondence and the most recent invoices. ☐ The current docket. ☐ Any settlement offer and the analysis you were given.
⚠ Understand the limits. A second lawyer cannot fully evaluate a case from a summary — the file matters, and a two-hour review produces an impression rather than a judgment. ⭐ What a second opinion reliably tells you is whether the approach is within the range of reasonable professional judgment, which is usually the question you actually have.
Appendix: what to keep
⭐ Maintain your own file in parallel from day one. It costs nothing and it is the only thing you will have if the relationship ends badly.
☐ The engagement letter and any amendment. ☐ Every invoice, with your notes on questioned entries. ☐ Every letter and email to and from your lawyer. ☐ Every document you provided, with the date you provided it. ☐ Pleadings and orders as you receive them. ☐ Notes of every meeting and call — date, who, what was discussed, what was decided. ☐ ⭐ Written confirmations of every decision you made — settlement authority, declined recommendations, strategy choices. ☐ Any settlement offer and the analysis you were given. ☐ The current docket, printed periodically. ☐ Any deadline you were told about.
⚠ Two habits make this file worth having. Date everything as you add it. And after any significant conversation, send a short email confirming what you understood — "Confirming our call today: you will file the motion by the 14th, and we agreed not to pursue the counterclaim." That single email is contemporaneous evidence, it prompts correction if you misunderstood, and it costs two minutes.
⭐ Clients who keep this file rarely need it, which is not a coincidence. The practice of confirming decisions in writing changes how the relationship runs, and most of the problems this checklist addresses never arise.
⭐ A final note on tone. Almost everything in this checklist is a request rather than a confrontation, and it works better delivered that way. A dated letter asking for a status update is not an accusation; an itemization request is not a dispute; a second opinion is not disloyalty. Lawyers who are handling a matter well respond to all three without difficulty. The ones who do not respond have told you something you needed to know — and the written record you created in the asking is what makes every later option available.