|
HINTS & TIPS
ON PICKING AN ATTORNEY
When thinking about whether you need a lawyer,
consider: What are the consequences if the problem is ignored? What
will legal help cost? Am I knowledgeable about the law in this area;
can I learn more about it? Do I need a lawyer for advice or for court
action?
HOW DO I PICK A LAWYER?
If you have decided to see an attorney how do
you go about picking one? Remember, as with other professionals, attorneys
may either specialize in a particular area of the law, or be general
practitioners. When looking for an attorney consider the lawyers expertise
in the problem area you need help in. Look at prior experience, reputation,
and past successes.
How quickly can the attorney deal with your problem?
And what is it going to cost? Your personal preferences regarding a
lawyer’s personality, gender, age, etc., may be a factor. Picking
a lawyer is a personal judgment you must make, and you should be comfortable
with your choice. Ask questions and talk with more than one attorney.
In the end it is important to select someone you can trust to do the
best job possible for you.
WHAT WILL IT COST?
Legal help isn't cheap, but it can be much more
expensive if you try and go it alone. With the exception of free and
reduced fee services (legal aid, military legal assistance, pro bono
programs, public defenders), which most don't qualify for, you can
expect to pay for your legal help. The cost can vary depending upon
the type and complexity of the problem, your location, and the quality
of the attorney. Remember, attorneys must earn a living just as you
do. There is office overhead, staff to pay, and many other fixed costs.
When you hire a lawyer you are paying for the use of these resources.
You should discuss fee arrangements when you first
visit an attorney. Price is a factor in making you decision. (but not
the only one) Fees listed in advertisements ("no fault divorce
only $175") are generally only a starting point, and the lowest
fee rarely applies to most cases. Advertised fees may not include court
costs and other expenses. Common fee arrangements include:
1. Fixed or Flat Fee: a set
cost for a specific service; this is common for routine services such
as simple will drafting, real estate transactions, some criminal law,
and other routine legal actions.
2. Hourly Rate: the cost is based on the time spent
working on your legal issue. These fees can range from a relatively small
amount to over $250 per hour. You most likely will be required to pay
a certain amount before work begins; this is known as a retainer and
is usually based on an estimate of the expected cost of the case.
3. Contingent Fee: fee based on a percentage of the
amount the attorney recovers for you. These are most common in personal
injury claims where one is trying to recover money damages from another
party. If you lose and there is no recovery you usually pay no fee. However,
you may still be responsible for certain costs and expenses that the
lawyer may have incurred (court costs, filing fees, copies, telephone
charges, and more).
You and your lawyer are free to negotiate any
fee arrangement permitted by state law. You need to understand what
your costs will be up front. While it may be impossible to determine
the exact final cost in advance, you should get a written estimate
that explains what and how you will be charged. In fact a written fee
agreement is required in many states.
|
