Are you familiar with Shakespeare’s Henry VI suggestion of killing all the lawyers? Most people believe that this is a negative statement about attorneys. Dick Butcher uttered this line by suggesting that one way that the group of individuals who pretended to be the throne would improve the nation would be through killing all the attorneys.
This school of reasoning acknowledged the fact that all potential oppressors should eliminate freedom by killing lawyers because the services that they provide add a lot of value to the society. It does not matter whether you like or dislike attorneys. There will come a point in life where you will have no choice but to hire them. Below are a few things to think about before hiring a lawyer.
- Begin With Your Circle of Colleagues, Neighbors and Friends
When looking for a lawyer, the best starting point is getting recommendations from the people you trust. It could be an advisor that you trust like your accountant, friend or close family member.
Beside, go for a lawyer who us familiar with the kind of law that you are in need of. However, there is no need to despair if you only get the names of lawyers who specialize in other law areas. You can use that lawyer as a valuable resource.
- If You Don’t Want People to Know That You are Searching, Other Sources are Available
Suppose you are in the process of selling your business. There are chances that you will not want people to know why you are shopping for a lawyer. At such a time, the internet can be a great resource as long as you use it well.
You can consider a service like martindale.com that rates attorneys of the A, B, and C scales. These ratings are fairly reliable and they are done by other attorneys.
The other reliable website is superlawyers.com. The attorneys who prepare these lists are nominated anonymously by the other lawyers. You will come across famous-personal-injury-lawyers plus all the other niches in the industry.
- Big Law Firms vs. Small Ones
The sizes of law firms range from one to more than three thousand. It can be hard to establish the one that is better for your case. You need to put several factors in to consideration. Top on the list is how complex is your legal issue.
If you took over a company in a hostile manner, large law firms may have the right resources for you. However, if you are looking for a lawyer to help in negotiating a lease for a new office, you can confidently choose a small law firm.
Large law firms tend to charge higher rates and also represent bigger customers. Most large firms have younger lawyers who handle the small cases. Besides, most of the lawyers who work on large organizations started with small ones.
- The Pre Interview Due Diligence
Do your homework well before having an initial meeting with the lawyer. Review his website including his content and setup. You may notice so much sizzle but minimum substance. Also do in-depth web searches about the lawyer. You may find so much additional information from this process.
- The Interview Process
After shortlisting a few lawyers, ask them about their practice and your particular issues. The top questions to ask include:
- Have you handled similar matters in the past?
- What was the outcome from those cases?
- How will you handle this case?
- What is the expected outcome based on your experience?
- Which lawyer from your company will be handling this matter?
- Are there limitations on the representation scope?
- How will you be kept in the picture on the progress of the case?
- What is response time for emails and phone calls?
- How can someone reach the lawyers after the normal business hours etc.?
- Legal Fees
There are three ways that attorneys normally bill clients for the services that they offer. These include flat fee, hourly and contingency which is a percentage. What is applicable for your case depends on the legal situation.
In most personal injury cases, the lawyer will charge a certain percentage of the contingency or recovery. When dealing with business transactions like incorporation, there is likelihood that the attorney will charge a flat fee. In most of the other legal matters, most attorneys prefer to charge hourly.
You need to know how the lawyer will charge you in advance. This should include both the expenses and minimum billing. Compare the fee with what the other lawyers in the region charge.
- Fee Structure
The type of fee structure the lawyer uses will also guide you to ask certain questions. For hourly engagements, get to know:
- Hourly rates
- Estimated number of hours for the case
- Minimum billing increments
- Expenses that are likely to be incurred
- Are there charges for each email, letter or phone call
- What will take place if the case will take longer that you anticipated
For flat rate engagements, get to know:
- How long do such matters normally take
- The expenses that are typically required
- Suppose the case takes significantly more or less time, what will happen?
For contingency engagements, you need to have the following information:
- The chances of recovering though the field of law has no room for guarantees
- Estimated recovery though there are no guarantees still
- Percentage the lawyer will charge
- The percentage that most local lawyers take for similar cases
- Expenses that are likely to be incurred
- What will happen if your case is settled immediately
- Engagement Letter
When working with a lawyer, make sure you enter into a letter of agreement with him. Since it is a contract letter, make sure you read it keenly. It has to describe the nature of the legal issue you are dealing with and the terms and conditions. Things like minimum billable increment, hourly rate, the costs you will be responsible for, retainer amount and other legal matters should be part of the agreement. If you are not sure about a clause in the engagement letter, don’t hesitate to ask. After signing the letter and returning it, you will be bound by it.
- During the Relationship
After commencing the relationship, be proactive to ensure that the attorney continues to handle your matter in a proper manner. He should give you copies of everything that goes out with regard to your case.
- Termination of the Relationship
If you are not satisfied with the representation that you are getting from the lawyer, you are free to fire him. You are the one to control the relationship. If you still owe them some money, they will insist to get the payment. After that, the lawyer will hand over the file to your new lawyer.
Read what the state law says about what the attorney should deliver. If you still have issues, contact the state bar association. If you have a dispute about the charges, there are fee dispute mechanisms in each state.
However, lawyers are very good at policing themselves. You will not be at the disadvantage when handling your matter through the bar association. This association strives to ensure that lawyers treat the public fairly.
Bottom Line
Hiring an attorney to assist with your legal matter is a great move. However, you need to think about the above items to make sure that you are employing the right expert. Do as much homework as possible before trusting someone with your case.