You’re on the couch. Neck brace on, ice pack sliding off your shoulder, phone buzzing with a number you don’t recognize. It’s the firm from the billboard — the one with the guy pointing at you from the side of a bus. They want to send a runner to your house tonight with a retainer.

Take a breath. Don’t sign tonight.

The lawyer whose face is on the bus stop outside your hospital is not necessarily the one who’ll try your case. In fact, they’re statistically unlikely to ever read your file. Before you hand over a third of your settlement, you get to ask questions. Good firms expect it. Bad firms flinch.

Why the First 72 Hours Matter More Than the Ad Budget

In Michigan, your No-Fault PIP benefits clock is already ticking — you have one year from the crash to apply for benefits, and written notice is due within a year. That’s plenty of time to interview a lawyer properly. It is not a reason to sign the first contract shoved across your kitchen table.

The firm with the biggest TV spend isn’t necessarily the firm that will fight for you. They’re the firm that can afford TV. Those are different things. The next 72 hours are for interviewing — not closing.

Here are the ten questions. Ask every one. Write the answers down.

The 10 Questions

1. How many of these cases have you actually tried to verdict?

Settling is fine. Most PI cases settle. But insurance adjusters know which firms will go the distance and which will take the first offer to clear the desk.

Green flag: “I’ve tried X cases in the last five years, and here are two I can tell you about.” Red flag: “We settle everything — trial is too risky for you.” (Translation: we don’t do trials.)

2. How many open files does the handling attorney have right now?

There’s no magic number, but 150+ open files per attorney is a warehouse, not a law practice. Your case becomes a folder in a stack.

Green flag: A specific number, and a shrug that says they’ve thought about it. Red flag: “We don’t track it that way.” They do. They just don’t want to tell you.

3. Who actually handles my file day-to-day?

This is the big one. At many billboard firms, you’ll be assigned a case manager — not a lawyer — and you may never speak to the attorney whose name is on the sign.

Green flag: “I will. Here’s my direct line. A paralegal will help with records.” Red flag: “Our intake team will route you to your case manager.” Ask again. Get a name.

4. What’s your settlement-to-verdict ratio?

Related to Question 1, but sharper. A firm that settles 100% of cases has no leverage. A firm that tries 100% is probably lying. You want someone who knows when to do which.

Green flag: An honest split, with reasoning. Red flag: Deflection, or “every case is different” with no numbers behind it.

5. What’s the contingency percentage — and does it change?

Michigan caps contingency fees in PI cases at one-third of the net recovery (after costs). Some firms quote 33.3%; some try for 40% if the case goes to trial. Get the number in writing.

Green flag: One-third, explained clearly, with the court rule cited. Red flag: A sliding scale you don’t fully understand by the end of the meeting.

6. What costs get deducted from my settlement, and when?

Case costs — filing fees, expert witnesses, deposition transcripts, medical record retrieval — come out of your share, not the lawyer’s third. On a big case, costs can hit five figures.

Green flag: “Costs come off the top before the fee is calculated” (more client-friendly) or a clear written explanation of the alternative. Red flag: “Don’t worry about it — we handle all that.” You’ll worry about it on settlement day.

7. How often will I hear from you, and how?

Silence is the number one complaint clients have about PI lawyers. Set the expectation now.

Green flag: A specific cadence — “monthly update calls, 48-hour email response, text for urgent items.” Red flag: “We’ll call when there’s news.” There’s often no news for six months.

8. Do you refer cases out — and if so, when?

Some firms are marketing machines that sign cases and hand them to other attorneys (for a cut of your fee). That’s legal in Michigan with your written consent. But you should know up front.

Green flag: “We handle it in-house. If we ever refer, you’ll sign off first.” Red flag: “We have a network.” Ask who, and what they keep.

9. Do you carry malpractice insurance?

Michigan does not require attorneys to carry malpractice insurance, and they don’t have to tell you unless you ask. So ask.

Green flag: “Yes, $X million in coverage.” Red flag: Any version of “I’ve never needed it.” That’s not the question.

10. What happens if I want to fire you?

You have the right to change lawyers. But the exit terms matter — the outgoing firm usually claims a lien on your file for work already done.

Green flag: A plain-English explanation of the lien and a reasonable handoff process. Red flag: “You can’t, really” or a retainer clause that locks you in with penalties.

What a “Case Manager” Actually Is

A case manager is usually a non-attorney employee who handles your day-to-day calls, collects your medical bills, and updates you on the file. They are often excellent at their job. They are not your lawyer.

If your whole relationship is with a case manager, and your lawyer’s voice is something you’ve only heard in TV ads — that’s a structural issue, not a personality one. Make sure you know, in writing, who is making legal decisions on your case.

How to Walk Away From a High-Pressure Pitch

If a runner shows up at your door with a retainer tonight, you are allowed to say: “I’m interviewing three firms this week. I’ll call you Friday.”

That’s it. That’s the whole script.

A firm that respects you will hand you their card and leave. A firm that pressures you, guilts you, or tells you “the offer expires tonight” is showing you exactly how they’ll treat you for the next two years. Believe them.

You have time. Use it.

Fire My Lawyer is a free second-opinion service for Michigan personal injury cases. We don’t litigate — we review the retainer you’re being asked to sign, flag the terms that matter, and, if your case fits, match you with a vetted Michigan PI attorney from our network. Call 1-855-FML-2DAY or submit a case at FireMyLawyer.com. No sales pitch, no runner at your door.