Microsoft bCentral - November 20, 2002
By Philipp Harper
Ignorance of the law is no excuse, and neither is ignorance of lawyers.
If you hire an attorney to help you with a business or personal matter, and end up having a bad experience, you really have no one to blame but yourself.
But, you ask, how can someone with no legal expertise possibly know whether a lawyer is honest and trustworthy, let alone competent?
Simple. You ask the right questions upfront. If you get the wrong answers, you keep looking.
To be certain of hiring a lawyer who is honest, competent and, just as important, right for you, ask these five key questions:
1. Will I have control over my legal affairs?
If an attorney doesn't agree that you should be in the driver's seat, then look for someone else, says Suzanne Mishkin, associate counsel with HALT, a Washington, D.C.-based legal- watchdog group.
What she means is that the client, with the lawyer's assistance, should plot the course of the legal work being done, and not simply be along for a potentially expensive ride. Moreover, she says, this lawyer-client relationship should be stated explicitly and in writing.
It's also appropriate to ask the attorney to provide a basic timeline spelling out what he plans to do and when he plans to do it. You should also demand to receive regular updates on the work being done.
Finally, says Mishkin, seek assurances that your phone calls will be returned promptly and that your main point of contact will be the attorney and not a paralegal.
2. What will this cost me?
The retainer agreement and the billing schedule, including the precise nature of what you’ll be paying for, should be made clear at the outset. Don't even consider an attorney who won’t provide cost details, and don't make assumptions that aren't based on specific information.
Adrienne "Andy" Kotner, president of the San Diego chapter of Citizens Against Lawsuit Abuse, another watchdog organization, says too often clients find themselves on the hook for hidden costs they knew nothing about. For example, she says, of the 150 personal injury attorneys who advertise in the San Diego phone book, only three disclose that their services will entail costs over and above the contingency fee.
"A very frank discussion about fees is very important," Kotner says.
Also, Kotner and Mishkin say, fee and billing schedules aren't set in stone. So if you think the price is too high, or that you'll need more time to pay the bill, try negotiating with the attorney.
One cost you shouldn't have to pay is for an initial consultation. Those generally are free, though some attorneys will charge a fraction of their hourly billing rate. Don't even consider a lawyer who wants to charge you his full rate.
3. Am I comfortable with the lawyer's style?
No, this is not about the clothes the lawyer wears, or whether he or she would have looked at home on the set of "L.A. Law." Far more critical than appearance are the level of aggressiveness and the ability to communicate clearly.
Kotner recommends avoiding lawyers who are too overtly self-promoting never hire anyone who solicits your business, she says or who are litigation-happy. Though the temptation may be to hire a "mad dog," especially if the issue is a contentious one, that probably won't turn out to be the best approach.
"It's good to have a lawyer who wants to discourage you from filing a lawsuit,” and who regards litigation only as last resort after mediation and arbitration have failed to resolve a dispute, she says.
Mishkin stresses the importance of finding someone who not only will communicate with you regularly, but whom you can understand. "A lot of attorneys are so used to technical language they use it with clients who don't understand it," she says. "I like to see a lawyer using simple, plain language with the client."
Ultimately, whatever style test you apply, the best guide may be your instincts. Attorneys are, after all, people, and there are some people you're more comfortable with than others. Don't be afraid to go with your gut.
4. Are the lawyer's expertise and experience compatible with my needs?
You can find someone who is honest and competent and whose style appeals to you but that doesn't mean you've found the right lawyer. You also need to determine that they’re experts in the area of law most applicable to you or your business.
During your initial consultation, ask the attorney to enumerate some of the cases he has handled that are similar to your situation. And don't hesitate to ask for the names of other clients and for their contact information.
Any lawyer who refuses to let you talk with past clients has just raised a red flag, Kotner says. Look elsewhere.
State bar associations are the best place to get referrals for attorneys who specialize in a particular area of practice, Mishkin says. She is wary of for-profit referral services because it's never quite clear whose best interests are in the forefront.
Several Internet resources may help in narrowing your search.
Microsoft bCentral's Legal Center, sponsored by FindLaw and Nolo, enables you to find an attorney by practice or location, and provides a wealth of related legal tips, advice and resources.
The American Bar Association also offers extensive resources at FindLegalHelp.org. The National Federation of Independent Business also devotes considerable attention to the issue with its online Legal Foundation (on the NFIB home page, click on "About NFIB,” then scroll down to "NFIB's Foundations" to find it). Among other information on the NFIB site, is a list of helpful tips for hiring a lawyer, put together in association with the Citizens Against Lawsuit Abuse.
The Martindale-Hubbell Law Directory also is worth a look. In addition to
categorizing attorneys by area specialty, it also indicates those
who excelled in law school.
5. What If I'm unhappy with
the service I receive?
HALTs Mishkin says that one of the first things reputable attorneys do is tell prospective clients about the state's legal disciplinary system. "It is something every honest attorney will admit off the bat," she says. "It tells the client, 'If you're not happy with me, here’s what you do.'"
If the lawyer doesn't bring it up, you should feel free to do so.
And once you've narrowed down the field of prospects, it's not a bad idea to contact the state agency to find out whether complaints have been filed against a particular attorney and, if so, what the outcome was.
All but four states maintain legal disciplinary offices, the exceptions being Alaska, Alabama, Pennsylvania and Delaware. Many of the agencies maintain an Internet presence, Mishkin says, with Florida and Massachusetts having two of the best sites.
There you have it, a simple process to follow before you hire an attorney. Bottom line: You don’t have to be a lawyer to find a good one.
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