Questions worth putting to any firm
Ask whether the lawyers are admitted in the federal district where the case is, since each federal district court has its own admission, and whether anyone would appear by special permission instead. Ask who will do the work: the lawyer you meet, a team, or someone you have not met. Ask how the firm handles large volumes of electronic discovery and when it brings in forensic accountants or other retained reviewers. Ask about conflicts directly. A firm that represents, or has represented, someone else in the same investigation may be unable to represent you, and courts examine joint representation of co-defendants closely.
Fees, scope, and who pays
An engagement letter should say what is covered: an investigation stage only, a case through trial, sentencing, or an appeal. Fee structures vary, and it is fair to ask what triggers additional charges. When an employer or a relative pays the fee, the lawyer's duty still runs to you, and that arrangement should be explained in writing. Funds that the government claims are proceeds of a crime can be subject to forfeiture, which can affect how fees are paid, so raise any such concern at the start. If you cannot afford counsel, the court can appoint a federal defender or a panel attorney. Whatever arrangement you choose, the engagement terms should be settled in writing before substantial work begins.
What the first meeting covers
We review every document you have received and try to place you in the investigation, as witness, subject, or target. We list the deadlines, from subpoena returns to court appearances, and identify what must be preserved. We explain what not to do in the meantime, including contacting others who may be witnesses. We also ask about civil or regulatory matters running in parallel and about immigration and licensing questions. You leave with a clear sense of the next steps and what each of them would involve, not a forecast of the result.
