city legal guide

city legal guide and local legal information

city legal guide and attorney information

HOW TO SELECT AND WORK WITH AN ATTORNEY

CityLegalGuide.com is designed to educate you on various legal topics and to provide contact information for attorneys who can provide specific legal advice in your area of interest. However, selecting an attorney is a personal matter you must decide for yourself. The following information may help you select the best attorney for your situation, and help you make the most of your relationship with your attorney. Click on any question below or scroll down for more information.

1. What kind of lawyer do I need?
2. How can I find the right lawyer?
3. How is a law firm structured?
4. How are attorney fees determined?
5. What questions should I ask an attorney at our first meeting?
6. How can I minimize my legal costs?
7. How much trouble is it to change lawyers if I don't like my first choice?
8. What do I do if I have complaints about my attorney?

1. What kind of lawyer do I need?

A few of the different situations you might face that often require legal assistance include:

  • Applications or problems with any government agency or office
  • Marriage, divorce, adoption or other family matter
  • Involvement in a lawsuit as plaintiff or defendant
  • Being arrested or charged with a crime
  • Real estate transactions
  • Making a will
  • Involvement in an accident involving injury to people or damage to property
  • Discrimination or other personal right violations
  • Tax matters
  • Debt collections
  • Employment problems
  • Business disputes of any imaginable nature
  • Lease or contracts with significant financial considerations
  • Denial of any insurance, government or company benefits
  • Starting a business
  • Planning your estate
  • Immigration problems
  • Medical malpractice
The nature of your legal concern should determine the type of lawyer you choose to handle your problem. A general practice lawyer may well be able to handle many of the above issues. However, if you are faced with a particularly complex legal problem, you may want to consult a lawyer who has concentrated his or her practice in the area of law involved in your legal matter. You are also usually better served by utilizing professional legal advice early on in any matter. Legal advice during planning stages may eliminate need for more expensive corrective legal services down the road.

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.