By Keith Emerick, Criminal Defense Attorney, Keith Emerick Law (Washington, Pennsylvania) | Last reviewed: September 2026
Hiring an attorney usually starts with one conversation, and the questions you ask in it matter more than most people expect. A 30-minute consultation can tell you a lot about who will handle your case, what it will cost, and how the lawyer thinks, if your questions are specific.
Pennsylvania has no shortage of lawyers to choose from: more than 72,000 attorneys completed their annual registration with the Disciplinary Board of the Supreme Court of Pennsylvania in 2025 (2025 Annual Report). With that many options, advertising and online ratings only go so far. Direct answers to the right questions go further.
The Short Version
Before hiring a Pennsylvania lawyer, find out: how much of their practice looks like your case; who will actually do the work; how the fee is calculated and whether you will get it in writing; how and how often you will hear from them; whether they carry malpractice insurance; and whether their license is active and free of public discipline, which you can check yourself in about two minutes.
1. Have You Handled Cases Like Mine?
Describe your problem in plain language, then ask how often the lawyer handles that kind of matter. Law is broad: a lawyer who handles divorces every week may rarely defend felony charges, and a business lawyer may not regularly handle serious injury claims.
Useful follow-ups:
- What share of your practice involves cases like this?
- What issues most often cause problems in these cases?
- What happens next, step by step?
- Have you handled similar cases in this county?
You are looking for relevant experience and a clear explanation of the process. Be wary of guarantees; no ethical lawyer can promise an outcome.
2. Who Will Actually Handle My Case?
The attorney you meet at the consultation may not be the one who prepares your filings or appears at your hearings. At larger firms, associates and paralegals often handle much of the day-to-day work, which can work well if the roles are explained clearly.
Ask who your main point of contact will be, who will appear in court, and who you should call when something changes.
3. How Will You Charge Me, and Will I Get That in Writing?
Talk about money before you sign anything. Under Pennsylvania Rule of Professional Conduct 1.5, a lawyer who has not regularly represented you must communicate the basis or rate of the fee in writing, before or within a reasonable time after starting the representation. Contingent fee agreements must be in writing and explain how the fee is calculated and which expenses come out of the recovery.
Depending on the case, arrangements can include:
- An hourly rate for time spent
- A flat fee for a defined set of services
- A contingency fee taken as a percentage of a recovery
- An advance retainer that is billed against as work is done
Rule 1.5 prohibits contingent fees in criminal cases and in domestic relations matters where the fee depends on securing a divorce or on the amount of support or a property settlement. Ask separately about costs such as filing fees, transcripts, and expert witnesses, and whether an unused retainer is refundable.
4. How Will We Communicate?
Many client complaints come down to communication. Pennsylvania Rule of Professional Conduct 1.4 requires lawyers to keep clients reasonably informed about the status of their matter and to respond promptly to reasonable requests for information.
Ask how often you can expect updates, whether you will hear by phone or email, how quickly routine messages are usually answered, and who responds when your lawyer is in court. One simple question covers most of it: “How will your office keep me updated?”
5. Are You Licensed and in Good Standing?
You don’t have to take anyone’s word for it. The Disciplinary Board’s Find an Attorney search shows each lawyer’s license status and any public discipline. Some registration statuses, such as inactive, retired, or administratively suspended, don’t allow a lawyer to practice at all.
Discipline is uncommon but real. In 2025 alone, Pennsylvania’s Supreme Court and Disciplinary Board imposed 14 disbarments, 19 suspensions, 12 public reprimands, and 40 informal admonitions, according to the Board’s 2025 annual report.
6. Do You Carry Malpractice Insurance?
This is a Pennsylvania-specific question worth asking. Rule 1.4(c) requires a lawyer in private practice to tell a new client in writing if the lawyer does not carry professional liability insurance of at least $100,000 per occurrence and $300,000 in the aggregate. The insurance status lawyers report is also shown in the Disciplinary Board’s attorney search.
Separately, Pennsylvania maintains the Lawyers Fund for Client Security, funded by attorneys’ annual fees, which can reimburse clients whose money was taken dishonestly by a Pennsylvania lawyer. It is a backstop, not a substitute for choosing carefully.
7. How Familiar Are You With the Local Court?
Every county has its own local rules and practices, and procedure can differ from one courthouse to the next. Washington County sits in Pennsylvania’s 27th Judicial District, and its Court of Common Pleas publishes separate local rules for civil and criminal cases. Criminal cases often start before a magisterial district judge before moving to the county court. Ask which court will hear your case and what local procedures could affect your timeline. Familiarity doesn’t guarantee a result, but it helps a lawyer explain what will happen and when; this piece on why local counsel matters explores that further.
When comparing a law firm Washington PA residents can reach easily, ask how often the lawyer appears in that county’s courthouse and its magisterial district courts, not just whether they practice there.
8. What Problems Do You See in My Case?
Instead of asking a lawyer to promise a win, ask them to name the weak spots. A good answer covers facts that need investigation, missing documents, and upcoming deadlines. Ask which evidence needs attention now and what you should avoid doing. Public social media posts and direct contact with the other party are two common ways people accidentally hurt their own cases.
In criminal matters, that advice often starts with what not to say. Speaking to police before talking with counsel can create evidence that is hard to undo; this overview of your rights when you are arrested explains the basics.
9. What Happens After I Hire You?
Before paying anything, understand the first steps and when work will start. Ask what the lawyer needs from you right away, which might include court notices you have received, insurance documents, contracts, relevant messages, or financial records.
Why the first few days can matter
In criminal cases, timing can affect liberty, not just paperwork. Keith Emerick describes, on his firm’s guide to what to expect in a criminal case, successfully arguing for a non-monetary bond at the preliminary arraignment stage, keeping clients out of custody while they work on a defense. A defendant has no right to counsel at that first appearance, but having one present when possible can change the conditions a person lives under for months. It is a good example of why “When would you start?” is a practical question, not a formality.
Every case is different, and prior results do not guarantee a similar outcome.
Red Flags During a Consultation
- Guaranteeing a specific outcome or dollar amount
- Refusing to put the fee arrangement in writing
- Pressure to sign the same day
- Vague answers about who will handle the case
- A license status that isn’t active in the Disciplinary Board search
What to Bring to Your Consultation
| Type of case | Bring |
| Criminal or DUI | Citation or complaint, bail paperwork, any court notices, and a list of dates |
| Injury or accident | Police report, insurance information, medical records, and photos |
| Family law | Existing orders, financial statements, and communications with the other parent or spouse |
| Business dispute | Contracts, invoices, and key correspondence |
Frequently Asked Questions
What should I ask a lawyer at a free consultation?
Ask about experience with your type of case, who will do the work, how fees are calculated, how communication works, whether they carry malpractice insurance, and what problems they see in your case.
How do I check if a Pennsylvania lawyer is in good standing?
Use the Disciplinary Board of the Supreme Court of Pennsylvania’s Find an Attorney search, which shows license status and public discipline.
Does a Pennsylvania lawyer have to put the fee in writing?
Yes, for new clients. Rule 1.5 requires the basis or rate of the fee to be communicated in writing, and contingent fee agreements must always be in writing.
Can a criminal defense lawyer charge a contingency fee in Pennsylvania?
No. Contingent fees are prohibited in criminal cases.
Authorities & Sources
- Rule of Professional Conduct 1.5: Fees
- Rule of Professional Conduct 1.4: Communication, including malpractice insurance disclosure
- Disciplinary Board of the Supreme Court of Pennsylvania, Find an Attorney
- Disciplinary Board of the Supreme Court of Pennsylvania, 2025 Annual Report highlights
- Pennsylvania Lawyers Fund for Client Security
Disclaimer
This article provides general information about hiring a lawyer in Pennsylvania and is not legal advice. Reading it does not create an attorney-client relationship. Professional conduct rules and court procedures can change. For advice about your situation, consult a licensed Pennsylvania attorney.
