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FeedHow to Hire an Attorney
By Ron Donoho
Lawyers advertise in the Yellow Pages, in newspapers and on the Internet. There are also free legal-aid agencies and dispute-resolution programs. Time and monetary resources may dictate your options.
“Don’t just look in the Yellow Pages,” says veteran lawyer Ed Chapin, senior partner in the downtown San Diego law firm Chapin Shea McNitt & Carter. “It’s an unknown quantity. Turn to a legal reference service instead. They screen for competence.”
There are more than 11,000 lawyers in San Diego County. About 7,000 are members of the San Diego County Bar Association. There are a handful of legal referral services; the SDCBA has one that includes 450 lawyers in 30 practice areas.
Of course, some people who find themselves in need of a lawyer simply ask friends and neighbors for referrals. Keep in mind that the attorney who helped your coworker with an adoption probably won’t be able to handle your bankruptcy case. However, a lawyer your friend trusts should be able to name competent attorneys in the field you need.
Once you find yourself sitting in a prospective lawyer’s office, there’s an important first step—make sure you feel comfortable with him or her. If you don’t like or trust an individual, it’ll be difficult to work effectively with that person.
If you develop a degree of trust, next ask about the lawyer’s level of experience. It’s acceptable to ask to speak to some past clients (the lawyer can’t immediately give you names—but can ask former clients to contact you). Another tip: Ask a prospective lawyer for the names of three lawyers to whom he or she would refer you. Even if you’re leaning toward the attorney you’re interviewing, it’s enlightening to see if he or she will give you the names of others you can check out.
After you’ve candidly discussed your legal situation with the lawyer you’ve picked, take the time to talk about how he or she will be compensated. “This is important to do—but most folks feel uneasy talking about money,” says Chapin. “It has to be discussed if you’ll have a flat fee, a contingency fee or if he’ll charge by the hour.”
If you agree to an hourly fee, ask your lawyer to estimate the amount of time he or she will need to spend on your case. Contingency fees are most often used in personal-injury cases or when you are suing for money. Your lawyer gets paid a percentage of a settlement if you win the case. If you lose, he or she gets nothing—but if you lose, be prepared to pay court costs. Even if you decide on a flat fee with your lawyer, find out if there are other charges that could be added to your bill. Whatever the case, there are sometimes costs tacked on for court fees, processing papers, calling expert witnesses or even for making copies of lengthy documents.
To create the most successful lawyer/client relationship, the SDCBA offers these final tips:
* Be sure you and your lawyer have the same goals.
* Understand and become comfortable with your lawyer’s working style.
* Be certain of the expected timetable of your case.
* Determine how often you and your lawyer will be in contact.
* Provide all relevant information and documents.
* Agree on the billing practices (and get a fee agreement in writing).
* Ask any and all questions about your case, and listen closely to your lawyer’s responses.
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