Elder Law & Legal Basics

• Finding the right attorney

• Picking the right attorney is critical.

• Attorney fees
  • How attorney fees work
  • Attorney fees in general
  • Attorney fee structures
  • Flat fees
  • Contingency fees
• Firing your attorney
  • If you have a problem with your attorney—whether it's a fee dispute, concerns about their conduct, or feeling your case isn't being handled properly—address it quickly. Start by talking directly with your attorney. Many misunderstandings can be cleared up this way. If that doesn't work or the problem is serious, you can seek mediation, file a complaint with your state's bar association, or get a second opinion from another attorney. Taking action protects your interests and ensures your case is handled fairly.

Finding the right attorney

Picking the right attorney is critical

Getting the right professional makes everything else easier. The legal field is no exception.

Finding the right attorney takes time, but it's worth doing your research up front.

Before you start

Hiring an attorney is a partnership. You need to find the right fit, and you also need to be prepared to work with them on your case. When both sides show up ready, things move forward.

Understanding your own situation

Before you call anyone, be clear on what you actually need. If you can't describe your situation clearly, it'll be hard to explain to an attorney. And there's no point paying for legal work that won't solve your problem.

Know what you can afford and what you actually need. A simple will naming your spouse as beneficiary might run $300 to $500. If that's all you need, don't pay $1,800 for a package with features you won't use.

Choosing an attorney
Many people start by asking friends and family for recommendations. That's useful, but ask more than whether they liked the person. Ask how the case actually turned out.

Even with a referral, stay open to your own judgment. Your friend's case is not your case. Ask real questions and expect clear answers. Once you have a few names, call their offices and ask:

• Does the attorney handle your type of case?
• Do they charge for an initial consultation, and if so, how much?
• For routine cases, do they have a flat fee? What does it include?
• For complicated cases, what are their hourly rates?
• Do they provide a written agreement spelling out fees and services?

Write down the answers and compare. Call back to schedule interviews with the attorneys who impressed you most. First consultations are usually free or low-cost. Go in with an open mind and don't commit until you've had time to think it over.

Come prepared. Bring a written summary of your problem, names and contact information for all parties and witnesses, and copies of relevant documents—receipts, contracts, medical bills, repair estimates, checks, anything related to your case.

Some attorneys will ask you to send copies ahead so they can review them. Write down your questions before the meeting. Here are some to consider:

• What percentage of your practice deals with cases like mine?
• Will you personally handle my case? Who else might work on it? How will that affect my fees?
• If I don't understand legal terminology, will you explain it in plain language?
• Will you give me copies of all documents and letters in my case? How do you handle copying costs? Can I access my file at your office?
• Will you keep me updated on what's happening? For major decisions, will you let me decide?
• Will you send monthly billing statements?
• Remember: Your attorney works for you. They should genuinely care about your problem and give you honest advice.

An attorney can't always achieve everything you want due to the facts or the law. A good attorney might recommend staying out of court.

A good attorney explains what they hope to accomplish and how they'll do it in terms you understand.

Think about how they answered your questions, their experience level, and whether you can work together.

If you're satisfied so far, tell them everything about your situation, including facts that aren't in your favor or feel embarrassing. Without the full picture, they can't advise you properly.

Attorney-client conversations are confidential by law. Your attorney cannot share what you tell them unless you're planning a crime.

You might also ask:

What are the strongest and weakest parts of my case?

• Can we set a timeline for my case?
• Is there a deadline I need to worry about?
• What about the fee?
• Talk openly about fees at your first meeting.
• Most attorneys can't quote an exact fee upfront because it's hard to predict how much work a case will require. But they can usually give you a range or explain the factors that will affect the bill.
• How you pay depends on the arrangement you make. Most attorneys ask for a retainer—an advance payment that covers initial work and court costs they'll pay on your behalf.

For other matters, you'll be billed monthly or when the work is done. Discuss your payment plan when you discuss the fee.

Most attorneys charge little or nothing for your first office visit. You pay fees once they start working on your case. Charges depend on the time required, the difficulty of the problem, the amount of money involved, the likely outcome, and the attorney's experience.

In some cases, your attorney might work on a contingent fee basis. If you win, they get a percentage of what you recover, plus their out-of-pocket costs. If you lose, they cover their own costs. Get a written fee agreement. It's always a good idea.

More on fees>>

Other factors

Two things people overlook: whether the attorney actually listens and whether they understand your specific situation.

Not everyone is a good listener. An attorney with strong preconceptions about your case will likely miss important details. A good attorney hears what you say and recognizes that your situation is unique.

Good attorneys also ask questions. Unless you're a lawyer yourself, you probably won't explain everything they need to know without prompting.

When an attorney asks detailed questions, they're trying to understand your circumstances fully.

Finally, ask yourself: Can I work with this person? Do I trust them?

Personality matters in any working relationship. You and your attorney should be on the same team. If you don't like or trust them, find someone else. It'll be better for both of you and your case.

Attorney fees

How attorney fees work

Attorneys charge fees to cover their income, staff costs, and office expenses. Law firms operate as businesses. Running an office is expensive—rent, equipment, support staff, and often shared partnership costs add up quickly. An attorney working out of a run-down office would struggle to operate efficiently. A professional office reflects the attorney's ability and credibility.

Attorney fees in general

Fee concerns usually top the list when people consider hiring an attorney. Some attorneys charge for initial consultations; others don't. Unless your case is straightforward, attorneys can only estimate their fees. Cases often have unknown details when they start, and clients sometimes misrepresent facts without meaning to.

Explain your situation fully, even facts that aren't in your favor or feel embarrassing. Your attorney can't advise you properly or estimate costs accurately without knowing everything.

Your conversations with your attorney are protected by confidentiality law in every state. Unless you're planning a crime, nothing you say can be disclosed. Be completely honest.

Attorney fee structures

Attorneys typically use three methods to charge, though some offer combinations or alternatives:

Flat fees

Flat fees work well for predictable services: wills, starting a business, uncontested divorces, and routine document drafting. These are situations where the attorney can estimate time and resources accurately.

You can shop around on price, but don't choose based on cost alone. Consider the attorney's experience and the quality of work.

Contingency fees

You've seen the TV commercials: "We only get paid if you do." With contingency fees, you pay nothing upfront or during the case, no matter how long it takes.

The attorney covers all case costs. When you win or settle, they get a percentage of the award—typically one-quarter of an out-of-court settlement or one-third if the case goes to trial. If you lose, they get nothing.

Note: Some states require you to pay certain filing fees yourself.

The percentages seem high until you consider the risk. In a lost case, the attorney gets nothing. Understand the exact percentages before you sign anything.

Contingency fees don't fit every case. They work best when someone has been injured and the attorney believes there's a strong chance of winning, even if the final amount is uncertain.

Large awards make headlines, but they're rare. Most happen only when injuries are severe, permanent, and require ongoing care. Even big awards often get appealed or settle for less to avoid further delays.

Settlements usually cover costs, lost wages, and pain and suffering. Without extreme negligence or intentional misconduct, most cases won't see significant punitive damages.

The main advantage of contingency fees is affordability. Someone injured in an accident might have a strong case but lack the money for hourly rates. A contingency agreement makes pursuing the case possible.

A second advantage: the attorney works on commission. Their income rises with yours. They're motivated to get the best possible outcome.

Hourly fees
Attorneys set their own fees with no regulations dictating what they can charge. The market drives most pricing decisions.

Hourly fees apply to cases with unknown or complex issues: litigation, contested divorces, large estates, or estates involving a family business.

Law firms with multiple partners usually set fees together as a partnership. There's no single formula. Instead, several factors shape the fee schedule:

Location: An attorney in Santa Barbara, California has far higher expenses than one in El Paso, Texas. For the same work, expect to pay more in expensive cities.

Area of practice: A traffic attorney charges less than one specializing in complex product liability lawsuits.

Complexity: Some estate cases are straightforward; others involve a family business or competing heirs. More complexity requires more time and resources.

Expertise: Some attorneys focus narrowly on one area. Others are experts in multiple fields or have backgrounds in accounting or medicine. Broad expertise costs more but helps with complicated cases.

Experience: The longer an attorney has worked in one area, the more skilled they typically become. This usually improves your chances. Experienced attorneys charge more than newer ones.

Retainer fees

When an attorney bills hourly, they usually ask for a retainer—a lump-sum advance payment. Think of it as a deposit the attorney draws from as they work. You can negotiate the amount, though it's often several thousand dollars depending on estimated hours.

If the retainer runs out, your attorney will ask for more to continue. If some of it remains when the case ends, you get a refund.

Other billable hours

Attorneys often have staff whose time is billable too: legal secretaries, researchers, and investigators all bill hourly, but at lower rates than the attorney. You wouldn't want an attorney filling out standard forms when a secretary can do it for one-third the cost.

You can review your attorney's time logs. Any attorney billing hourly must keep accurate records showing what was done, when, and how long it took. Most send monthly statements listing hours used, along with credits and debits on your account.

Other fees

Beyond attorney and staff fees, other costs may arise: court reporters, research services, expert witnesses, investigators, travel, and court filing fees.

Full disclosure

Your attorney should explain all fees, their nature, and the services covered before you sign anything or they start work. They should also explain other costs that might come up.

Ask questions before you sign. A good attorney wants you to understand what you're agreeing to pay. Even with hourly billing, ask for an estimate of the total bill. Remember it's an approximation—every case is different. Circumstances can push the final bill higher or lower.

If your attorney is vague about costs, keep asking until you get an answer that makes sense. If they still won't give you clear answers, it's time to find another attorney.

Firing your attorney

What if I have a problem with my attorney?

You have the right to dismiss your attorney and hire someone else if you're unhappy with how they're handling your case. But it's the last resort. Starting over with a new attorney costs time and money.

Often the problem is communication. Tell your attorney what's bothering you and see if you can fix it before firing them or filing a complaint.

If you do fire your attorney, you'll likely owe them for the time and costs they've already spent. Think carefully before making this decision.

Read and understand your fee agreement with your attorney. It clarifies what you owe if you move your case elsewhere. Once an attorney has appeared in court for you, a judge may need to approve removing them from the case.

If you believe your attorney acted improperly or unethically, you can file a complaint with your state bar association. Try to resolve the problem with them first. Once a complaint is filed, reconciliation becomes harder.

If you believe you were billed improperly or your attorney didn't refund unearned advance payments, ask for fee arbitration. Most bar associations run fee arbitration programs to resolve disputes without court.

Disclaimer: These pages are for information and education only. They are not legal opinions or advice. You do not have a client-attorney relationship with SeniorSite or its employees. Do not act on information here without consulting a professional. Seek professional counsel before taking action based on information found on this site.

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.

If you fire an attorney, you will likely be responsible for paying for their time and costs up to that point. Therefore, this is a decision to consider carefully.

It's also important to read and understand any fee for services agreement you signed with an attorney. This clarifies your financial responsibilities if you decide to take your case elsewhere.

Once an attorney has appeared in court on your behalf, a judge will often need to approve removing them from a case.

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

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 resolution.

If you believe an attorney has billed you improperly for services or has not refunded an unearned advance payment, you can ask for the dispute to go to arbitration. Most Bar associations have a statewide fee arbitration program, or a similar program, to help resolve fee disputes without needing to go to court.

Disclaimer: These pages are created to inform and educate the public only. They are not and should not be considered legal opinions or advice. You do not and cannot have any client-attorney relationship with SeniorMag or any of its employees. You should not act upon legal advice found on SeniorMag and are advised to seek professional counsel before taking any action based upon information found on