2. How
can I find the right lawyer?
Learn as
much as you can about the legal matter you face. CityLegalGuide.com has
extensive and practical information on a wide variety of legal subjects.
After researching information on your subject of interest, review the
profiles of the attorneys sponsoring the topic for your city. Up to four
participating attorneys offering services in your area of need are listed.
The local
attorney bar association may maintain an attorney referral service, which
is a list of their members by specialty who will consult with clients
for free or at a special rate set by the bar association for the first
conference. Click on any city on the CityLegalGuide.com web site for a
link to your nearest bar association.
You must
decide which attorney will be best for you, considering credentials, experience,
fee structure and compatible personalities. The attorney's gender might
be important to you, and you may feel more comfortable with a small firm
instead of a large one, or vice-versa. Selecting a lawyer is always a
personal matter.
3.
How is a law firm structured?
The staff
at a typical law firm may comprise the practicing attorneys, including
senior partners, long-term associates, and recent graduates; paralegals,
who have special training to assist in case preparation and research for
the attorney; and secretaries and other administrative staff who help
to run the law office and manage the extensive paperwork typically associated
with each case.
You may interface
with the attorney's support staff as much as the attorney. This may be
a good thing, since the support staff billing rate will be less than the
rate of the attorney handling your case. There will be many things they
can do with equal efficiency to the attorney, which will save you money.
Regardless of who actually performs work on your case, your lawyer is
still ultimately responsible for every aspect of your case.
4.
How are attorney fees determined?
A lawyer
usually computes a fee on an hourly rate. This rate varies from market
to market, and depends on the type of case, size of firm, firm resources
required to handle your case, and the education, experience and expertise
of the lawyer. Typical hourly rates in mid-sized cities range from $175
- $250 per hour. Partners and experienced associates in large firms will
usually charge more than experienced sole practitioners, but services
from junior associates at a large firm may be the least expensive route
for some matters. Hours spent on a case for which you will be charged
will include research time, any conferences with you or the other party,
witness interviews, and time spent in court.
Attorneys
will sometimes accept a case on a "contingency basis", which means the
attorney receives an agreed-upon percentage of any money obtained for
the client from resolving the matter. The lawyer receives no fee unless
money is recovered for the client. If money is recovered, then the lawyer
is paid the agreed-upon percentage, which may be stated as a range depending
on how far the case progresses. For example, the percentage might be 25%
if settled prior to trial; 33% if the case goes to trial; and 40% or more
if the case is appealed. Court costs, investigation and other third-party
costs are typically advanced by the attorney, but are reimbursed out of
the client's share of the proceeds. This type of arrangement is common
with personal injury and account collection cases.
Other types
of fee arrangements include a "fixed fee", which is a specific amount
of money for a specific service, regardless of how much time it takes;
and a "mixed fee", which is some negotiated combination of hourly or minimum
payment with a contingency element.
You should
always obtain an estimate of the cost of legal services at your first
meeting with a lawyer. Expect actual costs to vary somewhat, but the attorney
can give you a reasonable estimation based on his experience in similar
situations and cases. A written agreement outlining the fee arrangement
is highly recommended to avoid subsequent disputes. The agreement will
also set forth when any monies are due for the services rendered. Many
attorneys will request an advance, or retainer, before they will start
work on a case. Some attorneys will work out a payment arrangement with
you to match up with your cash flow from your paycheck or other sources.
If you cannot
afford an attorney under any standard billing arrangement, you may able
to get low-cost or no-cost help in civil cases from a local Legal Aid
Society or other organization. Attorneys contribute "pro bono" time to
these organizations to help out lower income residents with legal problems.
The Public Defender's office is available to anyone charged with a crime
that cannot afford an attorney.
5.
What questions should I ask an attorney at our first meeting?
Certainly
an important goal at your first meeting or phone call with an attorney
is to make sure the attorney is well qualified for your particular legal
issue, and that you are comfortable with the firm. Through your discussion,
make sure you have satisfactory answers or additional information on any
of the following questions or issues that might be applicable in your
case.
Do I actually
have a legal problem in which the services of an attorney are required
or highly recommended?
If
so, is this the type of case you are interested in handling? If not,
can you refer me to someone who would be?
What is your experience in this area of practice?
How many
cases like mine have you handled? How closely related were they?
What percentage
of your practice is devoted to this kind of problem?
Will you
actually be working on my case? If
not, find out who would be, and meet them as well before agreeing to
the case assignment.
What are
my alternatives in resolving this matter other than litigation?
How long
would you estimate it will take to solve my legal problem?
Am I facing
any pending legal deadlines that must be met to preserve my claim?
What are
your rates and how will the billing be handled?
What will
be the estimated total costs and fees to resolve my case? Does it then
make economic sense to proceed?
What can
I do to help keep the costs and fees down?
When you
are busy, who else in your office would I contact about my case?
If I call
you and am unable to reach you, how long should I expect to wait before
hearing a response?
What documentation
do you need from me to get started?
6.
How can I minimize my legal costs?
You can set
the stage for reduced costs during your first meetings by being organized
and prepared to educate the attorney on the facts and circumstances of
your case. The less time the attorney has to take to research or probe
for questions, the lower your costs should be. Here are a few of the things
you can do early and throughout the case to help out:
Research
the legal issues regarding your case. See the CityLegalGuide.com web
site for information on numerous topics. An informed client will usually
mean fewer hours billed by the attorney.
Prepare
a written background summary and detail all events leading to the legal
matter. Be very honest and accurate, as the truth is probably going
to come out eventually anyway. Except under extreme circumstances, your
attorney cannot and will not disclose what he learns to anyone.
Prepare
a list of the names, addresses and telephone numbers of all persons
involved.
If known,
provide information regarding any other party's position, arguments
or correspondence about the case.
Prepare
a 3-ring binder with the above information with copies of all relevant
documents, logically organized and indexed so the attorney can easily
find and reference information needed.
Be as
brief as possible in all conversations with the attorney, and only contact
him when absolutely necessary.
Give serious
thought to alternative resolution methods or settlement offers your
attorney may suggest for your consideration.
7.
How much trouble is it to change lawyers if I don't like my first choice?
It sometimes
depends on how far along your case is, and if it is a civil or criminal
matter. In most instances, you simply terminate the attorney's services,
and the attorney must then withdraw from representation. You have a right
to competent representation. In some situations, however, the attorney's
withdrawal from your case will require Court approval, which might only
be granted for good reason. You will still be liable in most cases for
any fees and costs incurred by the attorney for services rendered up to
that point.
Before terminating
an attorney, you should talk with him or her or send a letter to express
your concerns. It is usually best to extend an opportunity to correct
the problem before starting all over with a new attorney.
8.
What do I do if I have complaints about my attorney?
Many complaints
arise when a party loses a case. However, that may not have anything to
do with the quality of attorney representation, and may not be valid basis
alone for an actionable complaint. Valid complaints that should be brought
to the attention of a third party do include those regarding:
An attorney
who will not account for or give you money he is holding on your behalf.
An attorney
who represents another person whose legal interests are in conflict
with yours.
An attorney
who failed to appear in court at a designated time and did not make
other arrangements to cover his absence.
An attorney
who lies or advises you or someone else to lie in the course of a case,
or violates his Code of Ethics in some other manner.
An attorney
who continually fails to respond to your inquiries about your case.
An attorney
you believe has clearly lost a case from gross negligence or ineptitude.
Your complaints
should first be addressed with the attorney to see if you can arrive at
a resolution. If not, contact the local Bar Association for information
on Complaint procedures in your state. See elsewhere on this the CityLegalGuide.com
web site for links to all state bar associations. If you have suffered
financial harm by the attorney's misconduct, you should contact another
attorney to see if you have an actionable claim against the first attorney
to recover your loss.