Lawyer and Legal Information:(FYI) 4 Your Information

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Consumer Legal Information

Many times during your lifetime you'll be involved with the federal, state, or your local municipality's legal system. You'll get a driver's license, get married, borrow money, make a will, get a traffic ticket, have a traffic accident... the list goes on and on. Most of us will deal with these events - pleasant or unpleasant - without too much trouble.

But, at some point, you will run up against a legal situation that's more complicated. And more complicated situations can be worrisome if you're not sure how to handle them. Perhaps you're being sued over a dispute of some kind, or perhaps you'd like to do the suing - if you knew what was involved professional legal information and how much it would cost.

Maybe a parent or other relative has asked you to serve as executor of their estate, but you'd like to understand a little more about it before saying "yes."

When a complex legal matter comes up, you probably have lots of questions. Unlike health issues its difficult to nail down common sense answers to legal questions. Statistics reveal you're likely to need your lawyer more often than your doctor.

Finding a Lawyer

Most people find a lawyer through a personal referral from friends, family members, or colleagues at work. Most lawyers focus their practice on a few areas of the law.

This is important to remember when evaluating references - just because a lawyer did a good job for your friend who bought a house doesn't mean he or she will be competent to handle something entirely different for you. Keep in mind that your primary goal is to find a capable person to help you address your particular legal issue.

Other ways to locate an attorney include:

The American Bar Association (ABA) The ABA website, www.abanet.org, has a lawyer referral service but does not make recommendations.

State and County Bar Associations - State and county bar associations often offer a referral service. Look for the number in the telephone directory. The attorneys on these referral lists are often new lawyers starting to build a practice. Although less experienced, they can also be less expensive and more willing to spend time on your case.

Martindale-Hubbell Law Directory - This is a commonly used directory of lawyers and can be found at most public libraries or at www.martindale.com. Individual attorney listings and law firm listings are organized geographically. While the listed law firms predominately serve corporate clients, firms providing personal legal services can also be found.

Legal Plans - Check to see if your employer offers a legal plan as a benefit. These plans typically charge a monthly premium and provide basic advice and consultation, usually over the phone. The legal plan should have a panel of participating law firms that have been prescreened. Some plans offer more extensive services such as short office consultations, the preparation of simple wills and the review of basic legal documents.

Corporate or Personal Attorney?

Most law firms serve either corporate clients or individuals and families. If your business needs help, go to a corporate law firm. Understand, however, that corporate law firms are usually larger and often more expensive. For personal legal problems, look for a lawyer or law firm that handles personal legal matters.

Many lawyers who serve primarily individuals and families are general practitioners and have experience in handling many of the most frequently needed legal services: divorce and family matters; wills and probate; bankruptcy and debt problems; real estate; criminal; and/or personal injury. Some have a narrower focus. Be sure your lawyer has experience in the area for which you are seeking help.

Narrowing the Field

Once you've identified some candidates, call each attorney on the telephone, describe your legal issue and find out if the attorney handles your situation. Ask whether the attorney will charge you for an initial consultation. Also, ask what the attorney usually charges to handle your kind of case.

The initial consultation is an opportunity for you and the lawyer to get to know each other. After listening to the description of your case, the lawyer should be able to outline your rights and liabilities as well as alternative courses of action. The initial consultation is the lawyer's opportunity to explain what he or she can do for you and how much it will cost

legal information requires a trained lawyer You should not hesitate to ask about the attorney's experience in handling matters such as yours. Also, do not hesitate to ask about the lawyer's fees and the likely results. If you are considering going beyond the initial consultation and hiring the lawyer, request a written fee agreement before proceeding.

How Much Will It Cost?

There are three common types of fee arrangements.

Hourly Fees - Lawyers often charge an hourly rate for the time they spend on a case. For example, a lawyer may charge $170 per hour. If your matter takes only one hour, your attorney's fees would be $170. If your matter takes 10 hours, your fees would be $1,700. The disadvantage is that you do not know until the end how much it will cost.

When charging by the hour, some lawyers require a "retainer," which is a deposit paid by you in advance - hourly fees and costs (discussed below) are then charged against this deposit. If your lawyer requires a retainer, it should be made clear whether any unused portion is refunded to you at the end of the case.

Fixed Fees - Some lawyers will charge a flat fee set in advance. This is particularly common for simple, easy-to-define matters such as wills.

Contingent Fees - These fees depend on the outcome of your case. They are commonly used in personal injury matters. For example, if you are not successful in recovering any money, then no attorney's fees are paid. If a recovery is made, then the attorney's fees are based on a percentage of the recovery. This contingency arrangement applies only to the attorney's fees and not to costs. The client must pay the costs, regardless of the result. Attorneys sometimes require an advance deposit to be used for the payment of costs.

Costs. Payments made to third parties - or "costs" - are always an additional expense the client must bear. Some common examples of costs include court costs for filing fees and serving papers, costs paid to reporters for depositions and costs paid to investigators. Oftentimes you will pay these expenses through your lawyer.

Sometimes lawyers consider certain overhead expenses to be costs. They will charge separately for such items as photocopying, long distance telephone calls and computer research. Before work begins on your case, you should have a clear understanding as to whether such expenses are included in the lawyer's fee or are billed separately. All of these matters can be made clear in a written fee agreement between you and your attorney.

Making Your Selection

After your initial consultation with each prospective lawyer, ask yourself these questions:
Did the lawyer listen to me?
Was I treated with concern?
Was the lawyer knowledgeable?
Did the lawyer give me a good understanding of my alternative courses of action?
Do I understand the range of possible results associated with each course of action?
Am I clear about the lawyer's fees?

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