Identifying a Legal
Problem
The best to determine whether you have a legal problem or need
legal assistance is to speak with a lawyer. You should be aware
that in the metropolitan area, many lawyers' practices may be
limited to certain areas of the law. Today, finding a general
practitioner is rare unless you are living in a rural county.
Choosing a Lawyer
The following is a list of suggestions that might help you as you
seek to choose a lawyer to speak with about your potential legal
problem:
- Ask friends, teachers, employer, co-workers, minister,
relatives, neighbors or anyone you trust which lawyer(s) they
have used and if they did a good job.
- Many online resources are available for selecting a lawyer in
your geographic area and in the area of expertise you need.
- Contact your local bar association. Some local bars do offer
a referral service. Most local bar associations have a presence
on the Internet or in your local phone book.
- Go to your local public library and ask for the
Martindale-Hubbell Law Directory. It lists most lawyers and their
area of practice within your community and the United States.
- Ask other lawyers for referrals in areas in which they do not
practice.
- If you are experiencing financial difficulties and are
concerned that you cannot afford a lawyer, call your local legal
aid or public defender's office to see if you qualify for
representation.
Fees/Costs and Initial
Consultation
Once you have decided which lawyer to call, you should ask the
lawyer whether he/she charges a fee for the initial consultation
(first visit), and if so, how much. Please understand that
depending on the practice area, a lawyer may charge a reasonable
fee for a consultation. Whether a lawyer will charge a fee for the
consultation varies based on practice area and the amount of time
spent with a potential client during the initial consultation. If
you decide after the first meeting that you want to hire the lawyer
to represent you in the legal matter, you may ask for an estimated
cost for services. Many lawyers will enter into a written agreement
listing the fees, costs and the nature and extent of the lawyer's
representation. Costs are different from fees and in civil cases
include such items as filing fees, costs for a sheriff or process
server to serve process in your case, copies and mediator fees.
Always remember that the client is ultimately responsible for court
costs, filing fees, etc.
The first time that you meet with a lawyer, you should be prepared
to discuss and ask questions in regards to the facts of the
potential legal problem that brings you to the lawyer's office. The
questions below are ideas for a potential client to ask the
lawyer.
Based on my situation, do I have a
legal problem?
Make sure you fully explain your situation to your lawyer. Bring
any papers or documents you think may help explain the story to the
initial consultation. Make sure your lawyer covers both practical
solutions to the problems as well as options available under the
law. Do not try to convince the lawyer of the merits of your
position by exaggerating the facts. If you know, make sure you tell
the lawyer the position taken by the potential adverse party. Be
sure to tell the lawyer the complete truth so that he or she can
best advise you.
Are you the lawyer who can help
me? Is this something you routinely handle? If not, can you refer
me to someone who does?
It is important to discuss with the lawyer how much experience
he/she has in dealing with cases similar to yours. If the lawyer
doubts his or her competence to handle the matter then be sure to
ask for a referral to other lawyers who are familiar with cases
such as yours. Also ask about the outcome of the other cases that
the lawyer has handled, as well as whether or not the anticipated
fees and costs that you have been quoted by the lawyer is in line
with the fees and costs charged in the other cases.
How much will this
cost?
The lawyer should be able to give you some idea of the legal fees
as well as costs (expenses for the action) associated with the
legal matter for which he/she is agreeing to represent you. Whether
you, as the client, will be charged on an hourly basis or a
contingent fee basis, the reason for the fee should be fully
explained to you. Before actually agreeing that the lawyer will
represent you, feel free to get an explanation of the fee in
writing from the lawyer and signed by both of you. See the
definitions below for fees.
-
Retainer fee. Advance
payment to the lawyer for a portion of his or her fee.
-
Fee. An agreed-upon
percentage of any monies obtained through settlement, trial or
negotiation.
-
Hourly fee. The
lawyer's hourly rate multiplied by the number of hours (or
portion of hours) spent on your case.
-
Fixed fee. A specific
amount of money for a specific service.
-
Cost advance. Periodic
advance payment to the lawyer for on-going expenses associated
with litigation.
-
Mixed fee. Combination
of contingency and hourly fees.
How long will it take to solve my
legal problem?
Below are some questions that may aid you in your discussions with
the lawyer as you seek to determine the length of time expected to
solve your legal problem.
- Again, ask the lawyer how long it has taken him/her to bring
cases similar to yours to a conclusion in the past.
- Ask if your case involves issues more complex than his/her
previous cases and whether or not that will affect the expected
time to bring this case to a conclusion.
- Ask if there are any legal time limitations which restrict
the length of time you have to bring an action. If there is no
way to predict how long this matter might take, what are the
reasons for that? Ask if there is anything you can do to speed up
the process.
What results can I expect? What do
you expect to accomplish?
Ask the lawyer to explain the law as it relates to your case and
the effect which existing laws may have on your case. It is
extremely important that both the client and lawyer fully
understand each other with regard to the results expected. This
should play a big part in determining whether or not the cost and
the time involved in pursuing the matter are worth what is expected
as a result.
The Expectation of the Client and
the Lawyer
The lawyer and client should agree on what expectations that each
have, such as settlement, mediation or trial, and how the lawyer
will try to obtain those expectations. The client has a right to
expect a status report of the case.