Attorneys - Finding and Hiring an Attorney

Now that you have established that you need an attorney, for whatever reason, you face the task of finding an attorney. There are many considerations when choosing a lawyer because the lawyer you choose will probably have a significant impact on the eventual outcome of your situation. This is one of those instances when it is okay to shop around until you find exactly what you are looking for in an attorney.

The primary consideration is obviously going to be what kind of attorney you are looking to hire (i.e. criminal defense, personal injury, etc.). Regardless of the type of lawyer you need, your state’s BAR Association can direct you to qualified lawyers in your area. Many community organizations can assist you in this process as well. If you have any friends or relatives who have dealt with similar legal issues, they might be able to steer you in the right direction as well.

Once you have your list of potential attorneys, you should make appointments to interview each of them as soon as possible. This interview generally takes place during an initial consultation with the lawyer. This is the time when you meet each attorney to explain your situation, hear what each one has to say about it, and then make your determination as to which attorney you will hire to represent you. You should hire the lawyer that you are most comfortable with and you believe will provide you with the best legal representation in your situation. Some initial questions you may want to ask during the initial consultation are:

Is legal action really necessary in this type of case/situation?
How frequently do you handle similar situations? The more complex the case the more likely it will be that you will need a lawyer who specializes in that type of case.
Will you be handling my case personally? If not, who will be working on my case?
How available are you for meetings and phone calls?
Will you be using a paralegal and standardized forms in my case and, if so, will that mean lower fees for me?
How much will it cost for you to represent me? Obtain a written estimate.

During the initial consultation, the lawyer should learn enough about your situation to know whether or not he or she will be able to effectively represent you in court. If not, then he or she can probably make recommendations as to who you can contact to provide the right representation in your case. Most of these first consultations are only going to be about a half hour long so be certain that you provide the attorney with the most important details about your problem so he or she can prioritize your legal needs properly.

Here is a list of things to ask or consider during your first meeting with each lawyer:

1. Experience-How long has he or she been in practice?
How many successful cases like this has the attorney handled? How many unsuccessful cases?
How involved is the attorney in community activities?
Reputation-Ask for references and find out from the state BAR if the attorney has had any complaints filed against him or her in the past.
Does he or she possess good communication skills? How communicative is their office staff?

You might need to write your story down to help organize your thoughts before the meeting. You should be sure to take copies of any documents, receipts, and other relevant paperwork pertaining to your case. Be prepared to give the attorney names of other persons involved and dates as to when your legal problems began. Also be sure to give the lawyer clear and honest answers to any questions he or she asks you, even if you think the truth could hurt the outcome of your case.

There are also a few things you should avoid doing. For example, don’t exaggerate the facts or details of your situation. Do your best to avoid being too emotional or dramatic. It is okay to let the attorney know that you are upset, angry, confused, etc., but any unnecessary histrionics will only be a hindrance in getting the right help for your situation. Do not hesitate to consult with several attorneys and shop around for one with whom you feel comfortable.

All fees and financial obligation arrangements should be in writing and settled at the beginning of your relationship with the lawyer you decide to hire. The actual expenses that are charged to you can be divided into two parts:

Attorney fees – You are paying for the attorney’s time and knowledge. This fee will vary depending on the attorney’s experience.
Costs – The client is responsible for any filing fees, sheriff’s bills for serving papers, cost of court transcripts, discovery expenses, and any other court-related costs.

You should request a written estimate of both the attorney fees and the additional costs with the understanding that in many cases these estimates are not always 100 percent accurate, but you will at least have an idea of what you can expect.

Another important factor to consider when selecting a lawyer is finding someone with whom you feel you can have an effective and comfortable attorney/client relationship. It is important for you to establish in advance the kind of rapport you can expect to have with your attorney. Be clear about your expectations and be certain that he or she will be open to answering any of your questions and explaining legal matters in a way that you can understand. Most cases end up settling out of court, without an actual trial. Be certain that you will be informed of all settlement offers and remember that you, not your lawyer, are responsible for making the decision to settle. Your lawyer can advise you, but you have to decide what is best for you.

So what exactly is it reasonable for you to expect from the attorney you hire to handle your case? Here is a short list of basic expectations you should have of your lawyer:

Vigorous and competent representation of your best interests in the case
Copies of all important documentation that is related to your case
Written fee agreements and detailed billing statements
The whole truth, even if it hurts
To be kept fully informed and treated with respect
A negotiated settlement if both sides are able to reach a fair agreement
An agreement with your goals and an understanding of your objective
No conflict of interest with the opposing side
Timely return of phone calls

In addition to the above expectations, there are also a few things that your lawyer will expect out of you:

Complete honesty, even when facts are unfavorable to you
To follow agreed-upon advice
To ask questions when you don’t understand and to speak up when you disagree about something
For you to be on time for appointments
That you accept some responsibility such as informing your lawyer about new developments, etc.
That you will pay a reasonable fee for the work that is performed Another thing to be mindful of when selecting a lawyer is avoiding the “sharks” who will tell clients whatever they want to hear in order to further their own agenda-which is usually motivated by some form of greed.

Some lawyers will list cases that they were involved in to show experience. However, be aware that this doesn’t always mean that he or she won those cases. Many people are shocked to learn just the opposite. Do not hesitate to check an attorney’s background before hiring him or her. Also, an alarming number of so-called testimonials from previous clients are made up entirely by the lawyer. Since full names and contact information is protected by attorney-client privilege, there is no way to know for sure.