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If you're planning to hire a lawyer, interview several to compare
prices, experience and personal compatibility. Compile a list of lawyers'
names by checking with friends who have had similar legal problems, business
people who regularly deal with the legal profession, area law schools, legal
advertisements and referral services. Then make a preliminary call to those
on your list to ask if they have experience in the area of your concern,
if they would be willing to sign a fee agreement with you, and if they charge
a fee for an initial interview. If a lawyer tells you that a written fee
agreement or initial interview is unnecessary or that you'll have to pay
for an initial interview, you probably should cross that lawyer off your
list of prospects. During the in-person interview, ask the following questions and take notes on the answers:
- Do you handle cases like mine? Ask about the
lawyer's previous cases. How long did they take? What were the fees and
other costs? Did the lawyer succeed? Can the lawyer refer you to past clients
who had cases similar to yours?
- Who will do the work? If a paralegal, junior
associate or legal secretary does most of the work, will you be paying at
their hourly rates or at the lawyer's higher rate? If a junior associate
will be handling your case, insist on meeting that lawyer before agreeing
to hire the firm.
- What are your fee arrangements? Ask if you
will be paying by the hour, a flat fee or a percentage fee. Ask about additional
charges, such as court costs, photocopying, secretarial services, etc. Get
an estimate of all such charges and ask if you will get itemized monthly
bills. If you agree to a percentage fee, be sure to negotiate having costs
and expenses deducted from your award before your fee is calculated.
- How long will it take to complete my case? This is particularly important if the lawyer will be working for an hourly fee.
- What will I be doing on my case? Ask if and
how you can participate so you can keep informed. You may be able to save
money by running errands, searching public records, compiling data, etc.
- What if something goes wrong? Determine in
advance how disagreements between you and the lawyer will be resolved - for
instance, through prior consent to binding arbitration.
- Will you put this discussion in writing? The
most important thing is to get all agreements incorporated into a plain-language,
signed, attorney-employment contract. If disagreement develops later over
matters such as a billing, you will have a legal document to refer to. HALT's
manual, Using a Lawyer, contains a sample lawyer-employment contact.
Compare your notes on your interviews, balancing each lawyer's strengths
and weaknesses. Decide which factors are most important to you and whether
you have a clear choice. For example, a lawyer newly admitted to
the bar may be less expensive and quite capable of reviewing your simple
will, but if you want help preparing a complex estate plan complete with
several trusts, you probably want an experienced tax and estate-planning
specialist.
Don't feel bad if, after making several calls, you call back to cancel
some appointments. Conducting more than three or four interviews will be
time-consuming and probably unnecessary, so don't be shy about selecting
only your prime candidates to interview.
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