You usually cannot judge an attorney's skill from one meeting — but you can spot the warning signs that should make you keep looking. None of these alone is proof of a bad lawyer, but several together is a clear signal to walk away.
1. They guarantee a result or a dollar figure
No ethical attorney guarantees an outcome. Cases turn on facts, evidence, and a defendant's conduct that no one controls. A lawyer who promises "we'll get you six figures" on a first call is selling, not advising. Rules of professional conduct in every state forbid guaranteeing results.
2. They pressure you to sign on the spot
A reputable attorney explains the contingency agreement, lets you read it, and gives you time to think — even with a deadline looming. High-pressure "sign now or lose your case" tactics are a red flag. The deadline is real, but a trustworthy lawyer manages it without bullying you. Know what you are signing first; our contingency fee explainer walks through every clause.
3. They are vague about fees and costs
If a lawyer will not state the exact contingency percentage, whether it rises at trial, how case costs are handled, or who pays costs if you lose — keep looking. These answers should be clear and in writing. Use the fee calculator to test whether their numbers actually leave you a fair net.
4. No railroad- or transit-specific experience
General "personal injury" volume is not the same as having litigated against the MTA, SEPTA, BART, or a Class I freight railroad. Train claims involve government immunity, short notice deadlines, FELA for rail workers, and accident-reconstruction experts. Ask directly: how many cases have you brought against this specific operator? A non-answer is a red flag.
5. A "case manager" you can never get past
It is normal for staff to handle routine updates. It is a problem if you can never reach the attorney who will actually litigate your case, or if no one can tell you who that is. Find out who will personally handle your file day to day before you sign.
6. Improper solicitation
Be wary of anyone who contacts you out of the blue right after an accident — especially in person or by phone at the hospital. Most states restrict direct solicitation of accident victims, and aggressive "ambulance chasing" is both unethical and a warning sign about how a firm operates.
