Retaining An Attorney: Choosing the right attorney for the job makes a crucial difference, whether you face criminal trial, complex business negotiations, an IRS audit, family law issue or if you seek immigration assistance. There are certain things that you should know regarding the legal system and the process of selecting an attorney in order to save you both time and money. Before retaining counsel, you should prepare questions and speak with several lawyers regarding your legal issue. Lawyers have become increasingly specialized so it is important that you retain an attorney with experience with your type of legal issue. While an attorney may claim that they can handle your matter, notwithstanding the fact that they don’t have experience in that area, the representation may cost more because the lawyer must be brought up to speed on practicing in that area and she or he likely will not know the people and particularities associated with the issue as well as an experienced lawyer. The Legal Issues listed on the homepage will assist you in learning more about different areas of the law while assisting you to locate attorneys who practice law in your area. Before selecting a lawyer, it’s a good idea to meet with several different attorneys to determine whom you would feel most comfortable working with. Taking on a new legal matter may be a large financial and time commitment, so you must also be prepared for a lawyer to reject your case. While many lawyers do not take cases with uncertain legal liability or if potential recoveries fall below a certain amount, you will find that most attorneys are courteous and they should be able to provide recommendations as to whether your case or legal issue is worth pursuing and, if so, they may be able to provide names of other lawyers who may be willing to take your case. Your initial meeting with a lawyer will likely proceed more smoothly if you prepare notes and gather all relevant information regarding your case or legal issue. A well organized client may save hours in legal costs and expenses, so it is important that you bring copies of all related documents and evidence including police reports, contracts, medical records, photographs, bills, and all other documents related to your case. By presenting your legal issue in a clear and organized fashion, lawyers will more likely want to work with you and you will be better able to determine if a particular attorney would be ideal for handling your case. Once you have explained your legal issue, you should ask the lawyer questions to determine if she or he is right for you. Questions that you should consider include: Do you have experience handling this type of legal issue? If so, how much of your practice is devoted to this area of law? When was the last time you handled a case like mine? How long have you been in practice? Are you well connected within this area of law? How do you believe that my case should be handled? Will you handle my issue yourself or will you have other partners and/or associates work on the action? Will you handle all court appearances or will you send outside lawyers to cover appearances? Do you have experience taking cases such as mine to trial? When do you think that my case can be completed? How will you keep me informed regarding the status of my action? How can I best participate in my case? Will you take the time to explain the legal issues and elements to my case? Do you have other clients that may pose a conflict of interest? Do you maintain professional liability insurance? Will you explain all available fee arrangements, including legal fees, related expenses, billing practices and payment requirements, or would you be flexible in our billing arrangement?
While injured plaintiffs will likely find that the legal system is easy and relatively inexpensive to get into, as most plaintiffs’ attorneys are willing to work on a contingent fee, as explained below, businesses will find that resolving legal issues is both time consuming and expensive. The attorney-client relationship involves an ongoing partnership between you and your lawyer, so it is important that after meeting with several lawyers you ask yourself who you will feel most comfortable working with to resolve your issue. Consider asking yourself the following questions before selecting a lawyer: Am I comfortable with the lawyer’s experience and skill to handle my legal issue? Am I confident that the lawyer fully understands my case? Does the lawyer have the financial and legal resources to successfully handle my legal issue? Am I able to communicate effectively with the lawyer? Is the lawyer able to clearly explain the steps that are required to resolve my legal issue? Is the attorney’s office conveniently located? Do I like the lawyer and feel like I would like to work with him or her on my case? Do I understand the lawyer's explanation as to the elements of my case and how it can be resolved successfully? Do I understand and agree to the attorney’s proposed fee agreement?
Attorney Fees: While attorneys often are unable to estimate exactly how much their services will cost, it is important that you understand the manner in which your lawyer expects to be paid and that you have an idea of the costs that you may incur in retaining the lawyer. It is difficult to know beforehand how much work your legal issue will require, but your lawyer should be able to give you an idea of the costs that you should anticipate. The type of fee a lawyer will charge depends upon the type of case you have and your ability to pay. Common fee agreements include: contingent fees, hourly fees, flat fees, and retainer fees. Contingent Fees: If you agree to pay a contingent fee, your lawyer will receive a percentage of the total judgment or settlement that you receive should you win your case. If you are unable to pay a lawyer upfront, or if the settlement or judgment that you expect to receive is large, a lawyer may agree to work for this type of fee. If the attorney fails to get you a judgment or settlement, you generally do not owe the attorney for any attorney fees. However, you will still likely be responsible for paying costs associated with bringing the action including court filing fees, expert witness fees, copying costs, postage, etc. While family law attorneys are often prohibited by law from taking cases on a contingent fee basis, personal injury attorneys work primarily on a contingent fee basis. Hourly Fees: Many lawyers charge an hourly fee, which will vary based on the attorney, the type of case, the type of client and the services performed. Lawyers who charge an hourly fee should be able to estimate the number of hours that he or she will spend on your case. If you retain an attorney who works on an hourly basis, it is important that you know the exact manner in which he or she bills. Before you meet with or call your lawyer, have all necessary documents with you and know the issues that you wish to discuss. While you should email or fax relevant documents to your attorney before meetings and stay in touch regularly to ensure that you know the status of your action, refrain from making unnecessary phone calls to your lawyer. Flat Fees: Lawyers are increasingly undertaking legal issues on a flat fee basis. Under a flat-fee agreement, the attorney and client agree upon the total legal fee before the attorney begins work on your issue. Flat fees are generally based upon the amount of work the attorney expects to put into your case, and lawyers typically require that the fee is paid upfront. While you may wish to obtain several flat-fee quotes, always remember that the lowest quote may not provide the best value. Retainer Fees: A retainer fee may guarantee that your attorney is available to work on your case, even if he or she is required to turn down other work. Retainer fees also provide a lawyer with a guaranteed source of funds for the estimated legal fees incurred in your action. If your attorney requests that you provide a retainer fee, you should determine whether fees incurred in your legal issue are deducted from the retainer itself or if you will have to pay additional funds on an ongoing basis. Make sure your attorney explains any required retainer fees in detail. |
