Before you hire a lawyer: a five-minute status check and the questions to ask

1In a hurry? Start here

1. Before meeting the lawyer, look up their registration information in the New York courts' Attorney Search.

2. Before the work begins, ask for a written agreement setting out the services and fees.

3. For immigration matters, use a licensed attorney or a representative accredited by the Department of Justice. An 「immigration consultant」 cannot give you legal advice.

Suppose Xiao Zhou's work visa application receives a request for additional evidence from the immigration authorities.

(Xiao Zhou is fictional, and the scenes below are hypothetical.)

He does not find out until the twelfth day. Even then, it takes several days of pressing his company's HR department before he gets to look at the notice in the office. The company hired the lawyer, and he has never met them.

At that moment, all he can think is: if only I had asked a few questions at the beginning.

2What people are arguing about in the comments

Over the past six months, a large share of the Xiaohongshu posts about New York lawyers have been warnings. Taking payment and then not replying, getting names and job titles wrong in documents, charging several hundred dollars for a consultation that leaves someone feeling brushed off—these complaints come up again and again. The other half are requests for recommendations, followed by a string of names, each with some version of 「My friend used them. They were good.」

These are the posters' accounts of their own experiences. None of us can vouch for any particular lawyer. This blog does not publish a list of recommendations either.

But a few things do not depend on anyone's word of mouth. You can check and ask about them yourself in five minutes.

3Before you meet, check their registration

The New York State court system has an 「Ask a Law Librarian」 page explaining how to research an attorney. It lists four official starting points.

• Attorney Search: check their registered office address, date of admission to the bar and law school.

• To find out whether they are 「in good standing」 or have a disciplinary history, contact the Grievance Committee of the Appellate Division that admitted them.

• eCourts: search by the lawyer's name for cases they have handled, though online searches do not cover every county or every court.

• New York Official Reports: search published decisions by name.

Many people do not realize that the New York State Bar Association says on its own website that it is not the official attorney-registration body. For registration information, it directs people to the court system's Attorney Search.

For immigration matters, there is one more place to look. The U.S. Department of Justice's immigration court system, EOIR, publishes a list of practitioners who have been disciplined.

To look someone up, you first need their full name. Before the meeting, you can ask directly.

Could you share your full name as registered with the New York courts?

Could you tell me the full name you are registered under with the New York courts?

A lawyer who takes their practice seriously will not find that question offensive. If they say they are licensed in another state, use that state's official system to check.

4Before work begins, get a written agreement

This is where Xiao Zhou could have started.

The New York court rules, Part 1215, say that a lawyer who takes on a client and expects to charge a fee must provide a written letter of engagement or enter into a written agreement with the client. That should happen before representation begins or, if that is not feasible, within a reasonable time afterward. It must explain the scope of the services, how fees and expenses will be calculated and how billing will work. Where applicable, it must also tell you that you may seek arbitration over a fee dispute.

There are exceptions. The rule does not cover matters where the expected fee is less than 3,000 dollars; the same kind of service that the client has previously received and paid for; divorce and other domestic-relations matters, which have separate rules; lawyers admitted in another state who have no New York office; or situations in which no substantial part of the services is performed in New York.

Even when the rule does not require one, it is perfectly reasonable to ask for a written agreement. Before signing, these questions are worth asking.

• Who will actually handle my matter—the lawyer or an assistant?

• How will I be charged: a flat fee or by the hour? What is included, and what is not? Are government filing fees, translation and responses to requests for additional evidence extra?

• How often will I receive an update? How will we communicate?

• Who do you represent: me or the company? If a government notice arrives, will I be able to see it, and how soon?

That last question is exactly what Xiao Zhou never asked. If the company hires the lawyer, you may not be the client. Clear that up first, so you know whom to ask for what later.

Who is your client in this case, me or the company? If the government sends a notice, when will I get to see it?

In this case, are you representing me or the company? When would I be able to see a notice sent by the government?

One other thing: New York State law offices are required to display a 「Statement of Client's Rights」. It says clients are entitled to reasonable fees and may request itemized written bills. They may end the representation at any time, though court approval may be needed and the lawyer may seek payment for work already done. Questions should receive prompt answers, and clients should receive reasonable updates on their cases. Next time you visit a law office, look for that statement on the wall.

5For immigration matters, know who can give legal advice

This is an area where things can go badly wrong.

EOIR's guidance is clear: you can be represented by an attorney in good standing or an accredited representative working through a nonprofit organization recognized by the Department of Justice. Notaries, known as notarios, consultants and people who help fill out forms cannot practice law. The lists of recognized organizations and accredited representatives are public too.

New York State has separate rules for 「immigration services」 providers. Article 28-C of the General Business Law says these providers cannot give legal advice, use titles such as 「notario」 or 「immigration consultant」 that could make people think they hold professional qualifications, or charge for official government forms. Before providing help, they must sign a written contract with you in a language you understand, with an English version as well. Fees must be itemized, and it must say, 「I am not an attorney and cannot give legal advice.」 You may cancel without a fee within three business days after signing. The exception is when the work must begin immediately and you separately sign a waiver of that right. They must return your original documents.

So if you hear, 「We are not a law firm, but we cost less and do the same work,」 ask this first.

Are you a licensed attorney, or a DOJ-accredited representative? Could I see that in writing?

Are you a practicing attorney or a representative accredited by the Department of Justice? Could you show me written confirmation?

If something goes wrong, you can call the New York State Attorney General's immigration fraud hotline at 1-800-771-7755 (information page). The office says it will not ask about your immigration status. You can also call 311 for the New York City Department of Consumer and Worker Protection, DCWP. Its tips for immigrants say that you do not have to give your name or immigration status to make a complaint. If you want the department to contact you, leave your name and address.

For free immigration legal help, the Mayor's Office of Immigrant Affairs has a hotline at 800-354-0365. You can also call 311 and say 「Immigration Legal」. It is city-funded and free. The hotline does not handle cases itself or make appointments, but it refers eligible people to city-funded legal service providers. The city's immigration legal support centers offer free initial assessments and assistance to New York City residents with household incomes at or below 200% of the federal poverty level, regardless of immigration status. The page also lists Flushing locations that speak Mandarin and Cantonese. Both pages warn that demand is high and a place is not guaranteed.

6If there is a fee dispute—or something seems wrong

First, separate two different issues.

If the disagreement is about money, the New York courts have an Attorney-Client Fee Dispute Resolution Program. It covers fee disputes of 1,000 to 50,000 dollars in civil matters. You can apply if the services were provided within the past two years or you made a payment within the past 12 months. Criminal cases, malpractice claims and fees fixed by law or a court, such as contingency fees in personal-injury cases, are not covered. The page also gives a warning: if the arbitration result goes against you, you may be unable to bring a malpractice claim in court later. If you are unsure, ask another lawyer first.

If you believe the lawyer has acted improperly—for example, dishonesty or a prolonged failure to respond—that goes to the local attorney grievance committee, based on where the lawyer's office is located. For an office in Manhattan or the Bronx, contact the First Appellate Division's committee at (212) 401-0800. For Brooklyn, Queens or Staten Island, contact the Second Appellate Division's committee at (718) 923-6300. Complaints must be in writing and cannot be anonymous, but you do not need to know the law. A complaint that is only about fees will generally be referred to the fee-dispute program above.

7What if you cannot afford a lawyer?

Do not give up just yet.

LawHelpNY organizes legal information by topic and lets you search for free legal service providers in New York State.

The New York City Bar Association has a lawyer referral service at 212-626-7373. An initial consultation of up to 30 minutes costs 35 dollars or is free, depending on the type of case. Areas it can refer you for include divorce, immigration and landlord-tenant disputes.

If you need to go to court, the New York courts say that people who are not fluent in English can use court interpreters free of charge in both civil and criminal cases.

8Two 「buts」

「But if a friend recommended the lawyer, do I still need to check?」

It takes only five minutes. A friend's recommendation answers, 「Is this person easy to work with?」 Registration information and a written agreement answer different questions: are they a lawyer, and what have they promised you? Having both makes it easier to feel comfortable.

「But my English is not good, and I cannot understand what the lawyer is saying.」

Ask them to put it in writing. Have them email the fees, timing and documents you need to prepare. It is all right if you do not understand everything immediately. With the words in front of you, you can look things up, ask questions at your own pace and keep a record at the same time.

Could you put the fee and the next steps in an email for me?

Could you email me the fees and what happens next?

9One last thing

Finding a lawyer is a little like finding a doctor. What makes people most uneasy is often not the price, but not knowing what to ask.

A five-minute search. A clearly written agreement. One question: 「Who do you represent?」 Those three things cannot guarantee that a case will go smoothly. But if something goes wrong, they can help you know whom to turn to.

When you were looking for a lawyer, what is one thing you wish you had known sooner? Share it in the comments.