Attorney-client matching company Legal Match published a list of information anyone should know before seeking legal representation from an attorney Law tutor.
In some cases, according to list writer Ken LaMance, it is not necessary to hire an attorney and this should be determined by the controversy or issue. Some legal matters do not require expert opinion or the presence of a legal representative. Below we present a summary of this list.
20 aspects to consider before hiring a lawyer
I need a lawyer?
- Define your problem carefully before considering hiring a lawyer: A lawyer can help you understand the complex rules associated with a business you are developing. On the other hand, if you are being accused of a crime or sued for damages, you surely need a lawyer.
- Ask yourself and others if it is possible and prudent for you to resolve the problem on your own or represent yourself: in some cases you will be able to resolve your problem without the intervention of a lawyer. For example, if a company has affected you in some way, check to see if they have a customer service division. If you have a complaint against a highly regulated industry, there are government agencies that can help you.
- Determine the immediacy of your situation. Avoid delaying the time to seek legal help. Waiting may jeopardize your rights to seek remedy. If you are accused of a crime, do not wait a single day.
- Find a lawyer that fits your needs. First you need to find a lawyer who works in the jurisdiction where your case will be heard and said lawyer must be licensed to practice. Second, you need someone to adequately represent you who specializes in the subject matter of your case. Third, you need a lawyer who charges within your budget.
- Read the warnings carefully. Do not assume that the lawyer who advertises in newspapers is the best lawyer to handle your case.
- Consider more than one lawyer. It is important to consider lawyers who have the necessary skills to handle your case.
- Be prepared when speaking with your attorney on the phone or meeting in person. Make a list of questions and educate yourself. Never sign anything if you have doubts.
- Do not hire a lawyer who actively offers his services to you. If a lawyer contacts you by telephone or in person without permission or sends someone to represent you so that you hire him or her, know that this is an incorrect action according to the Rules of Professional Ethics.
- Make sure you understand what you are paying for. Insist that you be given in writing what you will pay for the services. Make sure you know where the amount will be obtained from if you are part of any case where there is a settlement or compensation for damages. Also demand details of what the money you pay will be used for.
- Find out about your lawyer’s professional responsibilities to you and the reasons why you can fire him or her. Some contracts specify that if you fire an attorney, he or she will receive his or her percentage of any future settlement or award you may receive in your case.
- Review the attorney’s record. Ask the Bar Association or investigate whether the lawyer you intend to hire has been subject to any disciplinary sanctions. This is to find out if he has a questionable pattern of behavior.
- Know your options and make sure your attorney informs you of them. Lawyers don’t just sue. There are other options for how to handle a case. Make sure your attorney has an open mind about what the available alternatives to resolving problems mean.
- Ask yourself the following questions when you understand that you have found the ideal lawyer to work on your case . Make sure you can answer them:
– Do you handle cases of different types or do you specialize in certain types of cases?
– Have you handled cases like yours before?
– What are the different outcomes that the lawyer can predict about your case?
– What alternatives – besides a lawsuit – could be considered?
– Could mediation or arbitration be considered in your case?
– How long should you wait to retain the lawyer’s services?
– How often can you be billed and what is the attorney’s estimate for fees and services?
– How will the lawyer inform you of the progress of the case?
– What style can you expect from the lawyer: aggressive or open to negotiation?
– Will any other lawyer assist in your case?
– Is the lawyer covered by any insurance in case of professional negligence (“malpractice”)?
- Establish some ground rules with your lawyer. Legal matters can have different resolutions. It is important that you discuss the possible outcomes of your case. Here are some questions you can ask your attorney: (1) What is the maximum amount of money you would pay to have your legal matter handled? (2) What is the date on which your case must be heard according to the terms of prescription or expiration? (3) What is the minimum amount you are willing to settle?
- Develop a strategic legal plan. The strategic plan is a large part of what empowers your attorney to give immediate attention to your case and encourage creative and proactive thinking. A strategic plan explains all of the following: (1) What the plan is and what likely results it should produce; (2) Why it is the best possible plan; (3) How long it will take to carry out the plan from start to finish; (4) What is the probable cost necessary to execute the plan; (5) What circumstances might require a deviation from the plan.
- Analyze the work being performed versus the cost you are paying. The services of a lawyer are rarely cheap. A customer has the right to be in control, to fully understand how their money is spent. From the beginning, tell your lawyer everything you know. Remember, attorneys must maintain maximum confidentiality in the attorney-client relationship . Waiting until the last minute to communicate something to your attorney wastes your money, so ask good questions and establish intelligent communication. Likewise, keep copies of important documents in your own files.
- Make sure you have found the lawyer that is right for you. A change of attorney after the legal process has begun can be very expensive.
- Attorney’s Fees. Understand where all the fees you are charged come from. Hourly rates are the most common type of fee. Depending on a lawyer’s experience and location an hourly rate may vary somewhat. At your consultation, remember to ask for an estimate of the number of hours you can expect to pay. Fixed rates generally pay when the services provided are more predictable. It is important to ask the attorney exactly what services and expenses are not covered in a flat fee. NOTE: A contingent fee means that the attorney does not charge any fee but instead earns a percentage of the settlement or judgment that is awarded in your case. In some cases, contingent fees are prohibited. Retention rates are paid based on an hourly rate. The client puts money into a special account and the attorney deducts fees when services are completed. The client is responsible for periodically reviewing the account. The client should be aware that the retainer fee is generally refundable if the attorney does not use it. A statutory fee is a fee set by law. No matter the type of fee agreed upon between you and your attorney, always obtain written proof of agreement.
- Have realistic payment expectations and look at the monthly invoice you are given. It is important to request a detailed invoice for the services offered. Your bill should show your attorney’s fees and expenses. If you have been charged for five hours of investigation time, you must specify what steps were taken in the investigation and what phase it is in. If you understand that you have been overcharged or there is a repeated expense, ask with a good attitude so that your lawyer can explain it to you.
- Evaluate your lawyer’s work. A good lawyer is, above all, a professional. In evaluating your lawyer, measure his or her ability to keep you informed about the details of the case, return your calls, maintain professional loyalty, be honest, the consultation you asked and the advice you offered, his assistance, and punctuality to meetings, hearings or any other court appearances and whether you openly discussed all billing matters according to the original agreement for services as well as your preparation for court appearances.