Questions to Ask Your Lawyer Before Trial
Questions for a meeting with your own lawyer in the weeks before a trial, covering what each side must prove, the realistic range of outcomes, the offer on the table, costs, the schedule, and your part in the hearing. For clients in a criminal or civil case who want the picture in plain language.
The questions
Open any question for the note
In plain language, what exactly am I accused of, or what exactly are we asking the court for?
Why ask it
Charges and claims are written in statutory language that is easy to nod along to without following. If the plain version does not match your understanding of what happened, that gap needs closing before anything else is discussed.
What does each side have to prove, and to what standard?
Why ask it
Who carries the burden shapes the entire case, and the standard differs a great deal between a criminal charge and a civil claim. Knowing which specific elements must be established tells you which facts actually matter and which are just background.
Which facts are genuinely in dispute, and which are agreed?
Why ask it
Most cases turn on a small number of contested points, and clients often spend their energy on details nobody is arguing about. Ask for the short list, because that is what the hearing will be about.
What is the strongest piece of evidence against me, and what is our answer to it?
Why ask it
A lawyer who cannot name the strongest point against you either has not looked hard enough or is managing your mood. You want the answer to that evidence stated out loud now, not improvised in the room.
What is the weakest part of our own case?
Why ask it
This is the question that separates a candid assessment from a sales pitch. A confident answer here is reassuring rather than alarming, because it means the weakness has already been planned around.
Have you handled this type of case in front of this judge before, and what did you take from it?
Why ask it
Local practice varies: some judges are strict on scheduling, some push hard for settlement, some have known views on particular evidence. Never is not disqualifying, but you want to know it now rather than discover it later.
What are the realistic outcomes, and roughly how likely is each one?
Why ask it
Ask for a range with rough odds rather than a single prediction, and ask what the ranges depend on. If the reply is that anything can happen at trial, press for the two or three outcomes that are actually plausible.
What offer is on the table right now, and what would you advise about it?
Why ask it
You are entitled to know every offer made and to decide yourself, whatever advice you receive. Ask what the offer would look like in practice, including anything that follows it such as a record, a payment schedule, or conditions.
If I turn the offer down and lose at trial, how much worse is the likely result?
Why ask it
This gap, not the offer in isolation, is the decision you are actually making. Get it in concrete terms, and ask whether the offer expires or worsens as the trial date approaches.
Who from your office will be in court, and who will I be dealing with day to day?
Why ask it
The lawyer you met at the outset is not always the one who appears. Ask who is preparing the case, who is arguing it, and who to contact when neither is available.
What will this cost from here to verdict, and what happens if it runs longer than expected?
Why ask it
Trials commonly overrun, and the difference between a fixed fee, a cap, and an hourly rate is enormous over an extra week. Ask for the estimate in writing, along with what would trigger a revision.
What costs do I pay on top of your fees?
Why ask it
Expert reports, transcripts, filing fees, investigators, travel, and copying are often billed separately and can be substantial. Ask which of these are already committed and which you can still decide about.
What is the schedule between now and the trial, and which dates must I attend?
Why ask it
Missing a required appearance carries real consequences, and some steps need work from you weeks ahead. Ask for the dates in writing, marked for whether your attendance is required or optional.
Will I be giving evidence, and if so, when will we prepare for it?
Why ask it
This is a decision with significant consequences either way and it should be made deliberately, not on the morning. If you will testify, preparation should be scheduled now, because a single session the day before is not enough.
What will the other side ask me in cross-examination, and where am I most exposed?
Why ask it
A good lawyer will put the hardest questions to you in advance so the first time you hear them is not in the courtroom. If this has not been offered, ask for it directly.
Which of our witnesses matter most, and what are they expected to say?
Why ask it
It tells you where the case is load-bearing and what happens if someone becomes unavailable or performs badly. Ask whether any of them have been prepared yet, and what the plan is if one does not appear.
What should I do about my phone, my social media, and talking to other people about the case?
Why ask it
Messages and posts are routinely obtained and used, and conversations with anyone other than your lawyer are generally not protected. Ask for specific instructions, including whether to stop deleting anything, since deletion can cause its own problems.
How should I behave in the courtroom, including when something goes badly?
Why ask it
Sitting through damaging testimony without visible reaction is harder than people expect, and judges and juries watch. Ask about dress, where to sit, how to pass a note to your lawyer, and what to do if you need a break.
If the decision goes against us, what are the appeal or post-trial options, and what do they cost?
Why ask it
Some grounds for appeal have to be preserved during the trial itself, so this is a question for beforehand rather than afterwards. Deadlines are short and often strict, so ask for the timeline now.
What is the single thing most likely to damage our case, and what can I do to prevent it?
Why ask it
It invites a direct instruction rather than an assessment, and the answer is frequently about your own conduct: a message sent, a conversation had, a deadline missed. Write down what they say and follow it exactly.
Working with your lawyer before a trial
Practical guidance for the conversation itself
Before the meeting
- A written timeline of events with dates, names, and any document that supports each point
- Copies of everything relevant you hold: contracts, messages, emails, receipts, photographs, medical or police paperwork
- The fee agreement and the most recent invoice, if you have questions about cost
- A list of your questions in priority order, since a meeting rarely covers everything
- Any correspondence you have received directly from the court or the other side
In the meeting
Say the bad facts out loud
What you tell your own lawyer in confidence is generally privileged, and a lawyer surprised by an unflattering fact at trial cannot protect you from it. The uncomfortable detail you are hoping will not come up is the one to raise first.
Be clear about which decisions are yours
In general, whether to accept an offer or plea, and whether to testify, are decisions for the client. Tactics inside the hearing are for the lawyer. Ask them to confirm the division so nothing important is decided by drift.
Take notes and ask for confirmation in writing
Ask for a short written summary of advice, next steps, and dates. If something later goes wrong, that record matters, and in the meantime it stops you second-guessing what was said.
Ask for the plain version twice if needed
Saying you did not follow that is not a failure on your part. Anything you cannot explain to a family member in a sentence is something you have not been told clearly enough to act on.
Common pitfalls
Discussing the case with other people
Conversations with friends, relatives, and colleagues are usually not privileged, which means those people can be asked about them. Route it all through your lawyer.
Editing your own records
Deleting messages, posts, or documents can turn a manageable problem into a much more serious one. Ask what to preserve and follow that instruction precisely.
Contacting the other side
A direct message to the other party or a witness, however reasonable it feels, can breach an order and damage your position. Check first, every time.
Treating the offer as an afterthought
Most cases resolve before or during trial, so the offer deserves as much analysis as the trial strategy. Ask for the comparison in writing while you still have time to think.
Going quiet when money gets tight
If you cannot keep funding the case, say so early. There are usually options, but almost all of them require notice.