3) What questions should I ask and what information should I provide to my lawyer?

No matter how experienced or knowledgeable you may be, your lawyer's advice may be different from your expectations. Your suggestions or beliefs may not be compatible with your interests from a legal point of view. Therefore, you should not request your lawyer to ONLY follow your instructions.

The truth and the facts

For complicated lawsuits (e.g. personal injury’s claim or being a defendant in a criminal case, etc.), it is better to have a lawyer to represent you. The legal proceedings may involve things like writing to the opposite party, collecting evidence, calling witnesses and submitting documents to the court, etc. If errors are made at any stage of the proceedings, you may lose your case and may be liable to compensations or even imprisonment.

Some clients may choose to disclose information selectively, or may only wish to talk about facts beneficial to themselves. This could lead to lawyer's misjudgment, and may even lead to delays and failure. The best course is to tell your lawyer all the facts, and let him/her make a professional judgment. Every lawyer is bound by a strict code of ethics for keeping clients’ information confidential. Clients' information can only be disclosed by lawyers in exceptional circumstances (e.g. under a court order or to prevent a client from committing or continuing a criminal act). So you do not have to worry about the lack of confidentiality.

You are also recommended to provide a written summary of your case and sort out the documents before meeting with your lawyer.

Can the lawyer handle my case?

You should ask about the lawyer’s experience in handling similar cases. Your lawyer must inform you of his/her experience in such matters so that you can make the right decision.

You should also check whether or not your lawyer can devote adequate time to your case.

Are there any time limitations for commencing legal action or completing the deal?

In some legal proceedings, there would be statutory deadlines on bringing up the case to the court. You may lose your right to claim against the defaulting party if you missed these deadlines. For sale and purchase of property, any delay on payment or delivery of keys would result in breach of contract (then liable to huge compensation). Your lawyer must tell you all these deadlines and try to remind you from time to time.

Does my lawyer have conflict of interest with me after taking up my case?

You should discuss the possibility of conflict of interest at the very beginning to avoid any misunderstanding with your lawyer. You should ask your lawyer whether he/she or another lawyer in the same firm is already engaged in business relations with persons connected with your case, or they are representing or have represented other persons involved with your case.

How much is my lawyer's bill?

Before your first visit, you should also ask if your lawyer will charge you an initial consultation fee.

If your case does not involve any court hearing, your lawyer could normally provide an estimate or a scale fee (e.g. on proportion of the gross value of your property or transaction).

If your case involves court hearing, your lawyer should advise you on the approximate fee and the hourly charging rate. Your lawyer may also quote a fixed fee. However, your lawyer will not offer to conduct your case on a "contingency basis" which means that he/she will not charge any fees unless you win the case.

Your lawyer should provide you with a written confirmation of your contract for legal services (sometimes called “retainer letter”) which should clearly set out the agreement on the fee structure.

You must also check whether or not that contract is based on "estimated charges" or "limited charges". If the contract is based on "estimated charges", then as long as the reasons are valid, your lawyer has the right to charge more than the estimated amount. If the contract states "limited charges", then unless your lawyer obtains your prior consent, he/she cannot charge a fee beyond the upper limit.

Your lawyer is also entitled to ask you to pay money on account of costs (similar to deposit) before agreeing to take up your matter.