The attributes of a good attorney area mystery to most non-attorneys. People are generally aware that not all attorneys are good ones, but notions among laypersons regarding the specific characteristics that a good attorney possesses are usually vague. Reccommendations from friends and acquaintances are often based on reports regarding a attorney's performance on a specific case rather than on any objective criteria. In order to select the right attorney for your situation, you need a methodology that allows you to identify specific qualities that the attorney must have in order to be acceptable to you. This chapter presents such a methodology. Here, you will find the basic information you need, not to perform your own legal work, but rather to select the appropriate attorney to do the work for you.
How to find an Attorneys
Although the legal approach may vary from case to case, the process you should use to select an attorney is the same whether you want to draft a will, negotiate a contract, or prosecute a lawsuit. It consists of determining whether or not you need an attorney, then selecting one by gathering information and answering a series of questions. If you diligently follow this discipline, you will maximize your chances of finding a attorney who fits your case, personality, and bank account.
How to find an Attorneys
If you are litigation bound, you have three choices. First, you can represent yourself. This is called pro se' representation. You always have a right to do your own legal work, whether in court or out. It is not, however, wise to do so in most instances. Second, you may, in some situations, submit the matter to one of several forms of Alternative Dispute Resolution (ADR). ADR is a general term for the resolution of disputes in forums outside of the public court system. If your case is a litigation matter appropriate for arbitration or mediation, one of those methods might work for you. Third, you can employ a attorney to take your case through the public court system. If the legal problem you face is one in which representing yourself would be unwise and ADR would be inappropriate, you must select a attorney who can guide your case through court and help you deal with the jumble of problems that will confront you along the way.
How to find an Attorneys
Do You Really Need a Attorney?
You always have the right to represent yourself in court. In lower courts, such as traffic court or small claims court, pro se representation is commonplace. But if your case is one with much at stake, and the rules allow you to have an attorney, representing yourself is almost always a bid idea.
Most judges dread the appearance of a selfrepresented party in their courtrooms. They generally consider it an inconvenience to have to explain basic rules to a bumbling nonattorney who does not understand the procedures, concepts, terminology, or courtesies that surround the proceedings. Frequently, a judge will commence a hearing or a trial with a sincere desire to accommodate the person who appears without a attorney, but patience soon wears thin, and what at first looks like an advantage for the individual usually becomes a handicap.
The same thing happens before a jury. The party appearing alone may gain some initial sympathy from the jurors and actually function fairly well at trial for a few minutes or even several hours. But as the day drags on the mistakes compound and even the most forgiving of jurors becomes disenchanted. The opposing attorney, if reasonably cunning, will wait patiently for the pro se party to selfdestruct. The attorney will look like a picture of reasonableness and competence compared to the graceless individual who is trying to exercise the right to selfrepresentation. It is extremely difficult to complete a hearing or trial as a non attorney and come out looking sane.
How to find an Attorneys
Another problem with representing yourself is that it may harm your case if you change your mind and hire a attorney in midstream. Almost all of the posturing for a trial takes place beforehand. Representing yourself in the early stages of your case with the intention of turning it over to a attorney who will take it to trial is not sound litigation strategy. Many attorneys refuse to take such cases, but if one were to accept yours, you would probably forfeit any claim against that attorney for malpractice should something go awry.
Typically, individuals who represent themselves in civil lawsuits' do not save money. A good attorney, managed properly, will normally achieve a monetary outcome that is superior to any you might obtain on your own. Frequently, the difference will be more than enough to cover the attorney's compensation. Consider it an investment. If you select the appropriate attorney for your case and effectively manage that attorney's activities, you will get the most value for your dollar.
How to find an Attorneys
You can save money by performing selected tasks for your attorney. If, for instance, the opposition requests that you produce documents, you can help by identifying the documents, putting them in order, and delivering them to your attorney's office, perhaps even with a second copy. (Be sure to keep photocopies for your own records as well.) The fees skyrocket when the attorney, an associate attorney, or a paralegal assistant must leave the law office to sort through a client's files.
Other ways to save money include obtaining photocopies of public documents, searching public records, compiling data, and taking photographs. You can save hundreds and sometimes thousands of dollars by helping with this routine investigative work. An added advantage to participating in these activities is that you become directly involved in your case. If you provide information to your attorney quickly, perhaps you can then expect that your matter will receive some added personal attention. Attorneys take more interest in clients who show concern about their situations.
How to find an Attorneys
If you insist, however, on representing yourself in court, you should consult with a attorney beforehand to help you avoid making serious errors. It would be wise to pay for a few hours of coaching on the law applicable to your case and on courtroom procedure. You may conclude, after the consultation, that the attorney has a valuable service to offer you and that using that service is more prudent than struggling through the details on your own.
Six Steps to Shopping for a Attorney
Your search for the right attorney does not have to be haphazard. The selection method set out in this section is based on personal interviews with attorneys. If you faithfully follow this approach, you will substantially increase your chances of finding the right attorney for your situation.
How to find an Attorneys
No one can do your attorney shopping for you. Only you can decide which attorney is right for your personality and for the problem you want to solve. A attorney's credentials may fulfill all of the objective criteria for your case, but your personalities may clash. If you do not feel comfortable with one attorney, look for another. Attorneys are plentiful. If you persevere in your search, you will find one who fits your needs.
Below are six steps that you should diligently take to select a attorney. The explanation of the steps is followed by a series of short descriptions of selected areas of law practice. The descriptions are meant to introduce you to some of the types of attorneys available and, considered in conjunction with the six steps, will help you find the attorney who is right for your situation.
How to find an Attorneys
Identifying your legal problem
Your first step in finding a attorney is to identify the nature of the legal problem you want to solve. For instance, if you want a divorce, it makes sense to seek a divorce attorney. If creditors are pursuing you, however, you do not need a divorce attorney but rather one who knows about debtor's rights.
In some instances, you may find it difficult to identify the legal category into which your problem falls. Making a couple of simple telephone calls will help you with this dilemma, and doing so should incur no legal fees. Just calla attorney or two and briefly relate your story. Most attorneys will, without much fanfare, tell you what kind of law they practice and what kind of legal expertise your problem requires. After talking to a couple of them, you will almost certainly know the appropriate area of law for your search. In most instances, a single conversation will be sufficient to give you enough information regarding the nature of the problem and the kind of attorney you should seek.
It is possible to be fooled, though, so you'll want to be on your toes when you make these initial calls. Some attorneys do not have the quantity or quality of cases that they would like to have. If your case is potentially lucrative, attorneys whose areas of emphasis are unrelated to the one required for your situation may try to convince you to sign up with them. If you have been involved in an accident, for instance, and have a high dollar personal injury matter to pursue, even a attorney with little trial experience may claim to do personal injury law. Your strict attention to the other five steps outlined below, however, will allow you to identify the qualified attorneys and select the one who is best for you.
How to find an Attorneys
Making a list of candidates
The next step is to compile a list of attorneys whom you will interview before you select the one you want. Taking a friend's recommendation on blind faith, walking through the door of the first law office you come to, or choosing a name at random from the telephone book are not advisable methods for making your selection. Lots of bad attorneys advertise in the telephone book. Big, expensive advertisements are no indication that a attorney is competent or ethical.
Referrals from referral services and most referrals by attorneys carry built in biases. The best attorneys are busy and often do not take referrals from referral services, so that avenue may not generate the best list of prospects. Also, attorneys who refer cases to colleagues frequently have fee splitting agreements with them or expect to receive referrals in return. Such a attorney may shuffle you off to the attorney who has promised the best deal rather than the one who is best qualified to work on your case.
How to find an Attorneys
For these and other reasons, you should interview several attorneys and compare approaches, personalities, and fees. Once you've considered all options, you will be prepared to make a rational choice. You can draw from a number of sources to generate an initial list of prospects. No single source is better than another; you should consider all of them in making your list. Some of those sources are
- Recommendations from business acquaintances, professionals, relatives, or friends. Such recommendations should be supported by specific reasons why the attorney would be appropriate for your case.
- Referrals from local and state bar associations, legal aid organizations, public interest groups, law schools, attorney referral services, and private legal clinics.
- The Yellow Pages, directories, Martindale Hubbell (a well known directory of attorneys), Internet Web sites, and other written referral sources. Often, attorneys will place themselves in such directories under the area of law that interests them. In some states, attorneys must pass a rigorous examination to be allowed to advertise as specialists. In others, they are prohibited from holding themselves forth as such. Just because a attorney is listed under the area of law that applies to your situation, however, does not necessarily mean that it is advisable to choose that attorney. At this point, you are simply making a list of candidates from which you will later select the person who will handle your case.
How to find an Attorneys
Setting up the interviews
Once you have constructed a list of four or five attorneys, you should telephone each one and ask several brief questions. If you can, limit this first conversation to three basic areas of inquiry:
- Does the attorney practice in the area of law that your case requires?
- Is there a fee for an initial consultation?
- Can you make an appointment?
Try to avoid doing a full fledged interview over the telephone. If you correctly follow the six steps outlined in this chapter, a telephone call alone is not sufficient to make your final selection. You will learn far more by interviewing each attorney in person. You should use the telephone only for the preliminary screening. Wait until the interview to discuss the details of your case. The first telephone call is just to make sure that the attorney does the kind of work that your case requires and to make an appointment.
How to find an Attorneys
You should ask beforehand whether the attorney charges for initial consultations. If you wait until you have received what might be construed as legal advice, it may be too late to avoid paying a fee. Most attorneys will not charge you for the telephone call or your first meeting. Just ask if there is a fee for the initial consultation, and if there is, politely end the conversation and call another attorney. (If your legal situation is unique, however, and a attorney with expertise in a specific area of law indicates that there will be a fee for an initial consultation, you may want to see that attorney and pay the fee. I know of one exceptional circumstance in which a Japanese businessman paid $1,000 to an immigration attorney fora consultation on a Sunday afternoon. The consultation lasted about two hours, and both attorney and client left the meeting feeling pleased with the outcome.)
Once you have telephoned each of the attorneys, review your notes and narrow your list to three. You should be able to eliminate one or two attorneys based on your first impressions. You can come back to them later should your remaining options fail to produce the attorney you want, but for the moment, you should cancel the appointments with the ones you have decided not to interview. You will attempt to make your selection from the three attorneys who remain on your list. If, however, after the interviews you decide that none of these attorneys suits your needs, you can make an appointment with one or more of the discarded ones, or simply start over and generate an entirely new list.
How to find an Attorneys
Preparing for the interviews
You should prepare for the interviews by making a list of facts surrounding your case, and then a list of questions regarding the attorney's approach to the case and relationship with you. Make each list separately and leave enough space between items for you to take notes as you interview the prospective attorney. To construct your list of facts, write down every relevant thing you can remember. You may want to carry the list with you for a few days so that you can add to it whenever a new thought comes to mind.
How to find an Attorneys
Conducting the interview
The purpose of an interview is to garner just enough information to decide whether or not you want to place your case with that attorney. It is not a time for seeking full fledged advice on your
legal problem, although you may find that difficult to resist. Some of the questions you ask may naturally lead to a discussion of the whole matter. The order in which you pose your questions is not too important; just make sure you cover all of the important areas before you leave. At each interview, you should
- ascertain the experience level of the attorney,
- understand in general terms the legal approach that will be taken in your case,
- learn what services the attorney will perform,
- inquire about the fee to be charged for those services, and
- determine whether you can work comfortably with the attorney.
To accomplish these things, you may also want to ask some or all of the following questions, along with any others that may occur to you:
- How long have you practiced law? (You cannot assume that a 50 year old attorney is experienced. Although most attorneys graduate from law school early in life, each graduating class includes some older students.)
- How long have you practiced in this jurisdiction?
- What is your relationship with the judge? (You may not get very far with this question. After all, what attorney would tell a client about a relationship with a judge that might affect the outcome of a case? You should ask the question anyway, though, because it lets the attorney know that you are thinking about all aspects of the legal system.)
- Into what category of law does my case fall?
- What are my legal options?
- How many cases of this type have you done?
- What approach would you take to my case?
- What will be the probable result of my case?
- How long will it take to bring the case to a conclusion?
- What fee arrangement do you propose?
- Do you require a deposit?
- Do you use a written fee agreement or engagement letter?
- How much do you expect the total legal fees and expenses to be in my case?
- Do you have malpractice insurance coverage?
- What is the name of the insurance company?
- Have any disciplinary complaints been filed against you?
- What were the bases for those complaints?
You'll have to tailor the questions to your situation. Common sense should be your guide. If the attorney is 27 years old, there's no point to asking the question regarding years of practice. You would, however, want to ask how many similar cases the attorney has handled.
How to find an Attorneys
If you are seeking a attorney to defend you, you should also try to learn at the interview what relationship your attorney has with the opposing attorney. That relationship is especially important in small communities where a few attorneys face each other repeatedly. You may want to ask some of the following questions:
- How well do you know my opponent's attorney?
- Have you tried any cases against one another?
- Have you referred cases to one another? Were referral fees paid?
- Are there any hostile feelings or scores to settle between you that might affect your judgment in my case?
As the interviews progress, you will find each one to be easier than the last. Your knowledge of your case, the attorneys' personalities, the services at your disposal, and the fee structures will increase rapidly, and you will feel a growing confidence that your final choice will be a good one. Do not skip any of the steps outlined here. If you are meticulous, you will make a good selection and gain momentum that will help you throughout your case.
The only good way to compare attorneys is to meet each one face to face. During the interview, you should observe other aspects of the attorney's business operation as well, such as the general appearance of the office and the attitudes of the employees.
The interview is a two way street. You, the potential client, are also being interviewed and evaluated by the attorney. No attorney has to accept your case, so you will want to make a positive impression. Good attorneys look for clients who will work with them as a team. If you take a professional approach to the interview, you will obtain the information about the attorney that you seek and at the same time demonstrate that you are a desirable future client.
How to find an Attorneys
Making the final selection
Your diligence and hard work in comparing attorneys will pay off. After speaking with several of them about your case, you will know much more about
- the range of services available;
- the range of fees charged and the different methods of payment;
- the possible approaches to your legal problem;
- the personalities of the attorneys; and
- the ages, reputations, and experience levels of the attorneys.
You should meet with at least three attorneys before you make your selection. Do not sign an attorney client agreement until you have talked to all of them. Some attorneys may encourage you to sign up with their firms at the interview. Be strong. Resist the temptation to contract with any of them until you are sure that you know all your options. You will have an urge to make a quick decision and to turn your worries over to the first reasonable attorney you encounter. That impulse is normal, but you should resist it. Take your time and do each interview thoroughly.'
How to find an Attorneys
After the interviews, review your notes and draw comparisons. Then ask yourself which attorney you feel you can work with the best. After undertaking this evaluation process, the right choice should be obvious. If you still do not know which one to choose, you may have to repeat this six step process until you are satisfied. In all probability, though, your preference will be clear, and you will be ready to move to the next step: defining the precise relationship you will have with your attorney through the drafting and execution of an attorney client agreement. Details about attorney client agreements appear in Chapter 2.
How to find an Attorneys
Some Specific Areas of the Law
When you choose a attorney, you should follow the steps outlined above. Before you go through that process, however, you will find it useful to read about some of the areas of law in which attorneys engage. Such general knowledge will give you added self confidence as you conduct your interviews, even if it does not relate directly to your case.
The following six subsections contain information about attorneys who operate in the general practice, criminal defense, divorce, personal injury, real estate, and traffic court arenas. The descriptions are far from exhaustive in their treatment of these areas of law; entire volumes have been published on each topic. Other important topics are omitted entirely. These six areas are included here because they are the ones about which most readers will want to know. Even if your legal problem does not fit neatly into one of them, the explanations will be useful to orient you to what attorneys do. The information will give you additional insight into the practice of law and assist you in finding good attorneys. |
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