Finding The Right Attorney

Picking the right attorney is critical

Making sure that you have the right professional for the job at hand is the first and one of the most important tasks that you have in getting any job done right.  

When it comes to the legal profession, there’s no difference.  Finding the right attorney may take some time, but in the end, it’s always better to have done your due diligence. 

Before you start 

If you are going to engage an attorney, this is a joint relationship and there are two sides to every relationship.  You must make sure that you choose the right attorney, but you must also make sure that you are prepared and can assist the attorney in preparing your case.  That way, you can both work on the job at hand instead of work against each other. 

Understanding your own situation 

In order to pick the right attorney and save yourself time and money, you need to know all of your own issues.  If you aren’t familiar with your own situation, it can be difficult to explain it to someone else.  Likewise, there’s no point in engaging an attorney to perform tasks that are useless to you.

Know your own financial limitations and the financial benefits of engaging the services of a specific attorney.  In other words, only buy what you need and what you can afford.  If you only want a will that names your spouse as your sole beneficiary and there are no other needs, you probably don’t need an $1800 will package. 

Choosing an attorney 
Many people start by asking friends and relatives about attorneys that they have used.  This can be a good resource so long as you ask more than how they liked the person.  The attorney may have been a wonderful conversationalist and a likeable person, but you should be more interested in how the case turned out.

Whether you get a referral from a friend or try someone new, keep your opinions open to change.  A friend may have had a good experience with attorney, but your case is different and you need to decide for yourself.  Be sure to ask all the right questions and make doubly sure that you are getting the right answers. Once you have a list of one or more lawyers, call their offices. Briefly explain your situation and ask:

• If the lawyer has experience with your kind of problem
• If the lawyer charges for an initial interview and, if so, how much?
• If your problem is routine, does the attorney have a standard fee? What does it cover?
• If your problem appears more complicated, ask about hourly fees.
• Does the lawyer have a written agreement describing fees and services provided for the fees?

Write down the information and compare the answers you receive. Then, call back for an appointment to interview the attorney or attorneys whose answers satisfied you the most. Most of these “initial consultations” are free or provided at a nominal cost.Go to the first interview with an open mind. You don’t have to decide to employ the lawyer you are interviewing until you have had time to think about it.

Be organized when you first meet with the lawyer. It is important to have with you a written summary or detailed notes outlining your problem; the names, addresses and phone numbers of all parties and witnesses and their lawyers and insurance companies if you know them; and all documents which may relate to your case such as receipts, contracts, medical bills, repair estimates, checks, etc. 

Some lawyers may ask you to deliver photocopies of written materials in advance of your first interview so the lawyer can review them in advance.

Ask questions. Write them down before you visit the lawyer’s office. Here are a few that may be helpful:

• Have you had experience with this type of problem before? How recently? How often? What was involved?
  
• What percentage of your practice is devoted to this kind of problem?
  
• Will you actually be working on my case? In what way? Will any other persons be doing work on my case? What will they do? How will it affect my fee or relations with you?
  
• Will you talk to me in plain English when I do not understand “legalese”?
  
• Will you provide me copies of all documents and letters received or written in my case? Will you treat this as an out-of-pocket expense or will you want me to pay for it in advance? Will you allow me access to my case file at your office?
  
• Will you keep me informed about all developments in my case? For important things, will you allow me to make the final decision?
  
• Will you send monthly billing statements?
  

Remember: When you hire a lawyer, the lawyer will be working for you. He or she should be genuinely interested in your problem and in giving you the best possible advice. 

The lawyer may not be able to accomplish everything you wish because of the facts or the law that apply in your case. Many times a good lawyer will advise you to avoid court action. 

A lawyer should be able to explain, in terms you can understand, what he or she hopes to accomplish for you and how he or she plans to do it.

Think about how the lawyer responded to your questions, his or her experience and whether you will be able to work with the lawyer.

If you are satisfied with the interview so far, tell the lawyer everything about your problem, including facts which may be unfavorable or embarrassing to you. Unless you are completely candid, the lawyer will be unable to advise you properly.

Strict rules prohibit the lawyer from repeating to anyone what you say, unless you admit any ongoing or planned criminal activity.

Next, you may want to ask the lawyer questions such as:

• What are the strengths and weaknesses of my case?
• What would you advise me to do about my situation?
• Can a timetable be set for my case?
• If I hire you, what will you be doing for me, and when and how will we get back in touch with each other?
• Is there a statute of limitations, or legal deadline in my case that we must be careful not to miss?  
• WHAT ABOUT THE FEE?

Discuss fees frankly with the lawyer, preferably at your first meeting.

Often, a lawyer cannot tell you exactly what the charge will be because it is difficult to estimate how much work is going to be involved. But lawyers can usually estimate the minimum and maximum limits of the fee for that particular work, or give you some idea of the problems involved and the time that will be required.

The timetable for paying legal fees depends on arrangements between the lawyer and client. Usually, lawyers require an advance payment, often called a retainer, to cover the initial work and court costs to be paid on your behalf. 

In other matters, you will be billed at the end of the month, or at the completion of the service, for services and disbursements. Be sure to discuss your plans for payment with the attorney when you discuss the fee.

A lawyer usually makes only a nominal charge, if any, for your first office visit. Only when actual time is spent working on a matter do lawyers charge a fee. Then charges are usually influenced by the time and work involved, the difficulty of the problem, the dollar amount involved, the result, and the lawyer’s experience.

In some cases, your lawyer may take the case on a contingent fee basis. This means that if your suit is successful, the lawyer receives a percentage of the amount recovered for you, plus out-of-pocket expenses for filing fees, reports and the like. If it is not successful, he or she receives only these expenses.

As with any other business relationship, fees and costs are important matters that can breed future problems if there are misunderstandings. Provisions for binding arbitration may be included in your Fee Agreement. A WRITTEN FEE AGREEMENT IS ALWAYS ADVISABLE.

More on fees>>

Other Factors

Critical factors that are often overlooked in choosing an attorney include whether the attorney is a good listener and/or whether they seem to fully understand your case.  

Not all people are great listeners and someone that already has preconceived ideas as to what your case is all about will likely make mistakes.  A good attorney listens to your circumstances and understands that it is different from any previous case.

Likewise, any good attorney will ask questions about your case.  Unless you are both a great lawyer and orator yourself, it is doubtful that you will fully explain your case in the detail and to the extent that no questions need to be asked.  

An attorney that asks pertinent questions is seeking to understand your circumstances and develop the proper mental picture.

The final question to be answered can only be answered by you.  Is this an attorney that you can and want to work with?  

All things considered, personality plays an important role in any relationship and it is important that both of you are on the same side.  If you don’t like or trust the attorney, you may be better off going somewhere else.  You will both be better off and your case will be better served.

Attorney Fees  

Attorney fee introduction

Attorney Fees – Attorneys must seek legal services fees for their services.  Not only are attorneys responsible for their own personal income, attorney fees also support the staff that they employ and pay for the overhead of running an office.  Attorneys in many firms must also contribute to the partnership.  Like any company, law firms are in business to make a profit.

The expenses of running a law office are seldom cheap.  An attorney that runs a broken down, ill-equipped office would not only suffer the consequences of not being able to operate efficiently, they would not be able to attract the clients that they need to make their business successful.  An attractive office is a direct reflection on their perceived ability as a lawyer. 

Attorney fees in general

Attorney fees are usually the biggest and scariest part of deciding to hire an attorney.  In most cases, the client will ask about attorney fees in the first meeting and there may be an up front charge for the initial consultation.  Some do, some don’t.  Unless it is a standard case where most facts are known, attorneys must give you a guess as to the amount of their fees.  Too often, there are unknowns when a case begins and some clients will even lie about the case.

You should always explain your case fully.  Give all the facts to the attorney even if they are not in your favor or somewhat embarrassing.  Unless your attorney knows everything, it’s not reasonable to expect that he or she can advise you properly or give you an accurate idea what fees will be incurred.  

Under the law in every state, your conversation is protected by attorney-client confidentiality laws.  Short of planning a crime and telling the attorney about it, nothing you say can be released  Therefore, you can feel free to be, and should be totally honest.

Attorney fee structures

There are generally three methods that attorneys have for charging their fees though there may be some that will offer an alternative or combination between them:

Flat attorney fees

Flat attorney fees or fixed rate services are generally reserved for services such as wills, start-up incorporation, uncontested divorces, drafting of routine documents, and other services where a reasonable determination of time and resources can be made.  

You can often shop these rates but be careful because the fee amount isn’t the only factor that you should consider. See finding the right attorney.

Contingency attorney fees

You have probably seen television commercials where the spokes-person says something like, “We only get paid if you do.”  That reference is to a contingency fee structure.  You will not have to pay anything up front (though you may have court filing costs) or along the way, no matter how long the case takes or what resources are required.  

The attorney pulls all* costs out of his/her own pocket until the case is either settled out of court or decided by the court.  At that time, the attorney is due a percentage of the award or settlement.   

* Some states require that you pay certain filing fees.

These percentages will vary, but a standard contingency agreement may allow the attorney one fourth of an out-of-court settlement or one third of a settlement if you go to court.  This may sound rather high, but consider that nothing is guaranteed in any lawsuit.  In cases where the cases is lost, the contingency agreement says that there will be no attorney fees.

Be sure that you fully understand the contingency fee percentages before you sign any agreements.

Needless to say, contingency fee agreements are not appropriate in many cases.  They are generally reserved for such cases where there is an injured party and the attorney believes that there is a very high probability of winning, though the amount is yet to be determined.  

While the attorney realizes a nice income from a large contingency settlement or award, few awards are considered high.  

Multi-million dollar settlements are the ones that you hear about on the news but they are a rarity and such settlements are generally only possible in cases where there are debilitating, life-long injuries requiring extensive treatment or care.  

Even so, large awards are often appealed and can take a long time to collect.  Other times, they are settled between the parties at a much lower amount than given in the original award, in order to avoid further action and delay.

For the most part, settlements cover costs, time off from work or other compensatory damages, which might include pain and suffering. Except in cases of extreme negligence or intentional misconduct, few cases will be awarded any significant punitive damages.

The biggest advantage of a contingency fee schedule is that the client can afford legal representation when many times, they otherwise could not.  Someone who has been injured in an accident may have a great case but doesn’t have the financial means to hire an attorney and pay by the hour.  The contingency agreement is the only viable means of pressing the case forward.

The other advantage to a client in taking a contingency fee agreement is that the attorney is basically working on commission and his/her income will be directly linked to the effort that they put into it.  In other words, the more the client makes, the more the attorney makes.  

Hourly fees
Attorneys are generally allowed to set up any fee structure that they choose and there are no regulations that govern what attorneys are allowed to charge.  They are primarily market-driven. 

Hourly fee structures are often reserved for situations where there are unknown and potentially complicating factors.  Examples of such would include litigation, contested divorces, and large estates, or estates where there is a family business involved.  

In multiple-partner law firms, the fee schedule is often set by the partnership.  What governs those fees can be somewhat complicated and there is no formula for determining what they should be.  Several factors are often considered in setting up a fee schedule:

Location:  An attorney in Santa Barbara, CA has much higher expenses than one in El Paso Texas.  Expect that when all other things are equal, the attorney in Santa Barbara will charge more for similar services.

Area of practice (field of law): An attorney that only handles traffic cases will certainly have lower fees than a litigation attorney who handles product liability matters. 

Complication: Like any profession, there are those cases that are simple while others have complicating factors. Settling an estate that has a large family business attached to it will take a lot more time and resources than one that does not.

Expertise: Some attorneys will limit their practice to a very narrow area.  Others could be considered to be an expert in multiple areas of law or other non-law services such as accounting or medical science.  The later often find themselves representing clients with more complicated cases where their expertise comes in handy.

Experience: Theoretically, the longer an attorney is practicing in a given area of law, the better they become at it.  When that happens, your chances of a better outcome may increase significantly.  In general, you should expect that a seasoned and successful attorney would have higher rates than someone who has just started a law career. 

Retainer Fees

When an attorney is charging by the hour, you will probably have to pay a retainer fee before any work is done on your behalf.  A retainer is simply fees paid in a lump sum, in advance.  Think of the retainer as a deposit in an account to which your attorney has the right to withdraw from as services are performed and fees are generated. 

The amount of the retainer may be negotiated between you and the attorney, but will likely be several thousands of dollars and be dependant upon the anticipated number of hours that will be required in the near future.  

If those fees are exhausted, it is very likely that your attorney will request additional fees so that work may continue.  However, if a portion of your retainer is not used at the completion of the case, you are entitled to receive that portion back as a refund.   

Other billable hours

Most attorneys employ other individuals that are billable as well.  Legal secretaries, researchers, investigators, etc are all billable per hour though their rates are usually significantly less than the attorney’s rate.  You wouldn’t want an attorney to be filling out standard forms when a legal secretary could do the same at one-third the cost.

Remember that you are entitled to review your attorney’s time logs.  All attorneys that work by the hour must keep an accurate time log showing when and what services were performed and the amount of time allocated to that service.  Many attorneys will send out a monthly statement of account showing what hours were used during that month and all credits and debits against your account.

Other fees 

In addition to the fees generated by the work of the attorney and their employees, you may see other fees develop as a part of the case. 

Depending on the requirements of the case, the attorney may need to arrange for the services of outside personnel such as a court reporter, research agents, experts, investigators, etc.  

There could also be other costs that would fall under the category of expenses such as travel, court fees, and others.  

Full disclosure 

Regardless of the fee structure, the nature and amount of the fees should be fully explained to you by your attorney before you sign any documents and before any work is performed.  

Equally important is a complete explanation of the services that will be performed under those fees and any potential other costs that may arise.   

Ask questions 

Be sure to ask any questions that you may have before you sign any documents.  A good attorney wants you to fully understand what you are agreeing to pay.  

Even when an attorney is charging by the hour, be sure to ask for an approximation of the total bill.  Remember though, this is an approximation based on past experience and every case is different.  Circumstances may arise that will cause your final bill to be more or less than the original estimate.  

If the attorney seems vague about the costs, you owe it to yourself to persist until you get an answer that makes sense to you.  If an attorney still seems vague or won’t answer your questions, it is probably time to seek a different attorney.

Firing your attorney

What if I have a problem with my attorney 

Firing your attorney – If you aren’t happy with the way the attorney you’ve hired is handling your case, you have the right to dismiss him or her and find another attorney. 

Firing an attorney is however, the last step and starting from scratch with another attorney will almost certainly cost you time and therefore, more fees.

Many times, a client’s problem with an attorney is a communications problem. You should always let your attorney know of your displeasure and see if a solution can be reached before firing the attorney or making any formal complaint.  

Keep in mind that if you do fire an attorney, you will probably be responsible for paying for time and costs associated with your case to that point, so it’s not a step to be taken lightly. 

That’s also why it’s important to read and understand any fee for services agreement that you may have signed with an attorney to understand what your financial responsibilities are if you decide to take your case elsewhere.

Once your case has progressed to the point where the attorney has appeared in court on your behalf, a judge will often have to approve a decision to take an attorney off a case.

If you feel an attorney has not acted properly or ethically in your case, you have the right to file a complaint against that attorney with the state bar association.  

Again, try to resolve this situation with the attorney before going to this extreme.  Once a complaint is filed, it puts you at permanent odds with the attorney and personalities can get in the way of a reasonable resolve of the issue.

If you feel that an attorney has billed you improperly for services performed or has failed to refund an unearned portion of an advance payment, you may request that the dispute be submitted to arbitration. Most Bar associations maintain a statewide fee arbitration program or similar such program to assist in resolving fee disputes without the necessity of litigation.

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