| Hiring a lawyer can be a very intimidating task. Making it even more
difficult is the fact that the media and Hollywood often portray lawyers
as unscrupulous, greedy and parasitic. That portrayal generates a lot
of distrust towards lawyers, most of which is completely undeserved. The
truth is that the legal profession generally does a very good job of monitoring
its own ethical responsibilities. Therefore, as a lay person looking to
hire a lawyer, you typically do not have to fear that you are going to
be taken advantage of. However, there are a number of ways to be sure
that you are hiring the right lawyer for you, AND that the fees are reasonable.
The best way to ensure you are retaining the right attorney or firm is
to follow the three "R"s . . . Research, Review
and References.
Research
Before attempting to find a lawyer try to determine exactly what kind
of lawyer would best suit your needs. Not every attorney is equipped to
practice in every field of law. Generally, attorneys are licensed to practice
in one or a few states. Therefore, you need to determine what state your
problem needs to be handled in.
Resources such as AttorneyHunter.com can give you a good idea of the
category of law that focuses on your particular problem. Another good
source of independent information would be local and state bar associations.
These organizations can often offer valuable information and insight into
the practice of law and where to go locally for help or guidance.
You may also be able to obtain some insight from local judges and/or
courthouse employees. Sometimes these people can not only help you decide
what kind of lawyer you may need, but they may refer you to one or more
attorneys that they feel are qualified and capable.
Review
After you have determined the "type" of lawyer you need and
the location where the dispute will be addressed, you need to find a lawyer
that you feel is qualified, that you feel comfortable with, and that you
can afford.
To make sure the lawyer is qualified you need to review his or her resume,
so to speak. Often, attorneys and law firms will provide a "Firm
Profile", outlining the history and focus of the firm. Many times
you can obtain resumes, profiles or other biographical information about
the lawyer you are reviewing, directly from that lawyer or firm. Many
law firms have web sites that outline that kind of information. It is
important to read as much about the attorney as you can so you can have
a sense of his or her background, experience and abilities. Additionally,
don't be afraid to ask questions. Some questions you may want to ask include:
- How long have you been practicing in this particular area of law?
- How many similar cases have you handled?
- What was the outcome of the similar cases that you have handled?
- How many staff people do you have?
- How many cases do you typically handle at the same time?
- What technological resources do you use?
- What legal organizations do you belong to?
This question and answer process is also important in establishing your
comfort level with the lawyer. It is important that you feel comfortable.
Depending on the nature of the case the lawyer you hire could be someone
you will need to spend a good deal of time with over quite a stretch of
time. Therefore, you should to talk with him or her, not just a staff person,
before you decide if you feel comfortable.
It is also important that you can afford the lawyer you hire. Be sure
you discuss the nature of attorney fees before you retain an attorney.
Fees can generally be assessed in three ways, a "flat" fee,
an hourly fee, or a contingency fee. A "flat" fee refers to
the total cost for a specific service to be rendered. For instance, you
may be told that the cost to have a simple will done will be $300. An
hourly fee is the amount an attorney charges on an hourly basis to work
on your case. Hourly fees can vary greatly according to the experience
of the lawyer. Many firms will charge a different fee depending on whether
work is conducted by a staff person (such as a paralegal), an associate
or a partner. There might also be a different fee charged for "in
court" versus "out of court" work. Be sure you obtain a
full schedule of fees and an explanation as to how they would work. Some
types of legal problems lend themselves to "contingency fees".
This is a situation wherein the lawyer does not get a fee unless he or
she obtains a monetary recovery for the client. Generally, in these cases
the fee is a percentage of the amount of money recovered.
References
The final "R" in your attempt to hire a lawyer refers to checking
references. This is always a good way to ensure that the lawyer you are
considering is capable of handling your case. References may include former
or existing clients of the attorney, other attorneys, lawyers, judges
or courthouse personnel. When talking to references try to ascertain the
nature of their relationship to the lawyer you are considering. Are they
friends? Family members? Do they have a financial stake in the outcome
of your case? For instance, sometime attorneys will refer clients to other
lawyers that they feel are better equipped to handle a particular legal
issue. The referring attorney may be entitled to a "referral fee".
That can be a perfectly reasonable and legitimate arrangement depending
on the ethical responsibilities assigned to attorneys in any particular
state. However, as a client you should know about any such relationship.
On the one hand it can represent a very commendable endorsement of the
lawyer's capabilities that the referral lawyer thinks highly enough of
him or her to refer you there. On the other hand, it may be a standing
relationship based only on friendship or financial considerations that
do not accurately represent the capabilities of the lawyer. So, again,
do not be afraid to ask questions! |
