Choosing an attorney can be difficult because most people make the decision when they would rather not need legal help at all. A legal problem may already be creating stress, uncertainty, or pressure to act quickly. It can be tempting to choose an attorney based on the first recommendation, an impressive biography, or how many years someone has practiced. Those factors can help, but they don’t tell the whole story. The attorney-client relationship also depends on communication, preparation, responsiveness, realistic expectations, and whether the attorney takes enough time to understand the circumstances before offering advice.
Bracken McKey is an attorney and founder of McKey Law in Lake Oswego, Oregon, with more than 25 years of legal experience. Throughout his career, he has worked with people facing complicated situations where the facts, available options, and potential consequences all needed careful consideration. He believes choosing an attorney should involve looking beyond credentials to understand how that attorney will actually work with a client.
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Relevant Experience Matters More Than a Long Résumé
Experience remains one of the most important factors people consider when hiring an attorney, but the type of experience matters. Clio’s 2025 Legal Trends Report found that 48% of surveyed consumers looked for a law firm with experience handling similar cases, making it the most commonly cited factor. Another 44% looked for a reputable firm.
A prospective client should therefore ask more than how long an attorney has practiced. What types of matters does the attorney regularly handle? Has the attorney dealt with situations involving similar issues? Who will actually be responsible for the work?
The American Bar Association similarly recommends asking prospective attorneys about their experience, areas of practice, and the kinds of legal problems they handle most often.
“A long career can give you perspective, but years alone shouldn’t be the deciding factor,” McKey says. “If I were choosing someone to help me with an important problem, I would want to know whether that person understands the type of problem I’m actually facing. Twenty-five years of experience doesn’t mean much if those twenty-five years have little connection to what the client needs.”
Pay Attention to Whether the Attorney Actually Listens
A useful conversation should not feel like the attorney is waiting for an opportunity to deliver a rehearsed answer. The attorney should ask questions, clarify the timeline, identify missing information, and make an effort to understand what the client wants to accomplish.
The ABA advises that clients should feel comfortable enough with an attorney to provide all of the facts needed to address their problem honestly and completely. That requires more than friendliness. It requires an environment in which clients believe they can explain uncomfortable or complicated information without being rushed.
McKey sees listening as part of the work itself.
“There are meetings where the detail that changes my understanding of the situation comes fifteen or twenty minutes into the conversation,” he says. “If you’ve already decided what the problem is after the first two minutes, there’s a good chance you’re going to miss something. I would rather ask another question than give an answer before I understand what I’m being asked to address.”
Good Preparation Should Be Visible
Clients cannot see everything an attorney does behind the scenes, but they can usually recognize preparation when they encounter it.
A prepared attorney should know what information is needed, explain why certain documents matter, identify unanswered questions, and provide a logical path for determining what happens next. Preparation also includes knowing when additional research or information is necessary rather than improvising an answer.
For McKey, preparation and listening are closely connected because an attorney cannot prepare effectively without first understanding the client’s circumstances.
“If someone brings me a stack of records, preparation isn’t just reading every page and checking a box,” he explains. “You have to understand how those records fit into what the client has told you, what may be missing, and which details could become important later. The goal is to understand the situation, not simply accumulate information.”
Clear Communication Should Begin Before Someone Becomes a Client
Communication problems can become obvious surprisingly early. A 2024 Clio study involving inquiries to 500 law firms found that 48% were ultimately unreachable by phone, while only 33% responded to email inquiries. Among phone interactions, only 36% of firms explained the legal process or next steps.
Those figures give prospective clients a practical reason to pay attention to their first few interactions with a firm.
Clients should ask how communication will work if they hire the attorney. Will they communicate primarily with the attorney or another member of the team? How are updates provided? What should they do when they have an urgent question? What response time can they reasonably expect?
Responsiveness does not mean an attorney must answer every message immediately. It means clients should understand how communication is handled and should not routinely be left wondering whether anyone has received an important message.
“Clients shouldn’t have to guess how they’re going to communicate with their attorney,” McKey says. “Setting expectations early helps both sides. If someone knows when they can expect an update, who they should contact, and what information I need from them, there is much less room for unnecessary confusion.”
Be Cautious of Guarantees
People naturally want certainty when they seek legal advice, particularly when the consequences of a decision may be significant. A responsible attorney, however, should be willing to distinguish between what is known, what is possible, and what cannot yet be predicted.
The ABA specifically cautions consumers about attorneys who guarantee a large settlement or assure victory in court, noting that many factors can affect how a legal matter is resolved. It recommends asking about strengths, weaknesses, possible outcomes, and the attorney’s experience rather than expecting guarantees.
McKey believes realistic expectations are an important part of establishing trust.
“Sometimes the answer a client wants most is the one nobody can responsibly give them,” he says. “If there are three possible ways something could develop, I would rather explain all three than pretend only the best one exists. Clients need useful information, not certainty manufactured for the sake of making them feel better during the first meeting.”
Ask Practical Questions Before Making a Decision
Clients should also understand the business side of the relationship before hiring an attorney. That includes asking about fees, billing arrangements, who will work on the matter, and what responsibilities belong to the client.
The ABA recommends discussing whether fees are hourly or structured another way, anticipated costs, payment timing, and how billing will be documented. These questions are not impolite. They help you understand the professional relationship before you enter it.
A prospective client can also ask what the first several steps are likely to involve. The answer can reveal whether the attorney has a clear process and whether that process makes sense to the client.
The Right Attorney Should Understand the Person as Well as the Problem
Legal experience, preparation, reputation, and responsiveness all matter, but McKey believes clients should ultimately consider how those qualities come together during an actual conversation.
A client should leave an initial meeting feeling that the attorney understands why the situation matters to them, not merely which legal category it falls into. Two people can face similar legal questions while having very different concerns, priorities, and circumstances.
“An attorney may have handled a similar issue many times, but the client sitting across the table hasn’t,” McKey says. “You can’t allow familiarity with the type of problem to make you less attentive to the person experiencing it.”
Choosing an attorney is therefore not simply a search for the longest résumé or the strongest sales pitch. Clients should look for relevant experience backed by careful preparation, clear communication, reasonable responsiveness, and an honest assessment of what can and cannot be predicted. Just as importantly, they should look for an attorney willing to understand the situation before deciding what should happen next.
