Attorneys at Law

Disclaimer: The information contained in this FAQ is provided for general information purposes only and is not intended to be a legal opinion, legal advice or a complete discussion of the issues related to the selection of an attorney. Every individual's factual situation is different and you should seek independent legal advice from an attorney familiar with the laws of your state or locality regarding specific information.

People look to the Internet to find answers to questions about a wide variety of legal problems. Probably the most frequently given answer is that legal advice can't be given over a public forum, in line with the standard disclaimer:

“The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.”

So the next question people ask is, if they don't already know a good lawyer, and perhaps have never needed a lawyer before, how do they go about finding a good lawyer? This FAQ will talk about different ways to find an attorney, without getting bogged down in too much detail about specific types of cases. Whatever method you use, don't be reluctant to interview several lawyers until you find one you're comfortable with. 

How Do I Make An Appointment? Most lawyers are interested in new clients—we certainly are. When you call for a consultation, you don't need to give a detailed explanation to whomever answers the phone. Just say that you wanted to speak with the attorney about a new case, and briefly describe what it's about: an accident, a real estate dispute, writing a will, starting a corporation . . . whatever the case may be. No two words will get an attorney to return a call faster than the magic phrase, “new case.”

Some firms will charge for an initial consultation, others do not, depending on the type of case. For example, few lawyers charge for an initial meeting about a personal injury case; most  charge for an initial meeting for a contested divorce. Make sure you understand the policy before you go in. Charging for the first meeting doesn't mean the firm is greedy; some use this as a screening device, to make sure you're serious about your case. It can also mean that the firm is good enough, and busy enough, that they can be selective about accepting new cases.

What About the Yellow Pages? The Yellow Pages should be your last resort. This is unfortunate, because the Yellow Pages are a convenient reference. It would be unfair to assume, just because a law firm has a big, glossy ad in the Yellow Pages, that it couldn't handle your problem well. However, the only qualification needed to place a big ad is to be able to pay for it. Some good lawyers advertise heavily, but many other good lawyers advertise sparingly, or not at all. Lawyers who are happy with the size of their firm and get all the work they can handle from referrals by other lawyers and satisfied clients don't need to advertise.

Can the Bar Association Help Me? Most local county bar associations run a Lawyer Referral Service. You can call information or look in the Blue Pages to find them. The way these work is that they maintain lists of lawyers who specialize in various areas and are willing to consult with new clients. Sometimes a nominal fee will be charged for an initial meeting. The Service in your area will be happy to explain the procedure. This is not a bad way to get names of several lawyers who are interested in handling your type of case. All the same, any lawyer who joins the bar association and signs up for the referral service can be on the referral list. The Bar Association does not perform screening or rating of the attorneys. As with the Yellow Pages, the listings include attorneys of all skill and experience levels. If you are looking to retain one of the leading lawyers for the particular type of case, you can ask who are the officers or long-standing members of their criminal law committee, their family law committee, their civil practice committee, their real estate committee, etc. You can also ask who are the local lawyers who've spoken on various topics at their CLE (Continuing Legal Education) seminars.

Can't I Find a Lawyer Through the Internet? Often you can. The lawyers who are active on Usenet (see misc.legal), on CompuServe's LAWYER forum and, of course, Brett Weiss, P.C., function as an informal referral service. If you post a message, it's quite likely that someone who reads it will be able to help, or to give you the name of someone who can. For your message to be most effective, please do the following:

1. In the subject line for the message header, try to give the state and the nature of your need. Examples: "Need MD Personal Injury Lawyer," "PA Probate Contest," "MO Med Mal Specialist." That way, lawyers in that state will be especially likely to read your message.
   
2. In the body of your message, give a brief summary of the situation. But be CAREFUL! This public message will not be privileged, so it's better not to name names, or make any detailed statements about what happened, particularly if you or your loved one is facing criminal charges. We've seen instances where persons posted a detailed message trying to explain why they felt they were being unjustly prosecuted—while admitting every element of the crime!
   
3. Also, in the message, spell out the city or town involved. And if any time deadlines are approaching, mention them.

What's the Best Way to Find a Good Lawyer? The best way is the old-fashioned way: personal referral and word of mouth. If you know any lawyers, even if they don't handle your type of case, ask them for recommendations. Ask friends, family, clergy, people at work, union officials, club members, at the corner tavern or beauty salon. You could also ask for the name and telephone number of the company lawyer for your employer. Business lawyers very often know who the best matrimonial, personal injury or bankruptcy lawyers are in their area. And they can make an initial assessment of your case in determining who to recommend, and because of their relationship with the company, will try to see that you're satisfied. (Naturally, this doesn't apply if you need advice about a possible claim or dispute with your employer).

If you're looking for a trial lawyer, ask for recommendations from friends and relatives who've recently served on juries. If you're looking for a real estate lawyer, call a title company and ask them who they use. For a domestic relations lawyer, ask the deputy court clerk in charge of domestic cases. Lawyers are the best source of information about other lawyers. Establish a relationship with a lawyer before some big emergency comes up and have him or her do some little things for you, like prepare a will, handle a speeding ticket or a residential real estate deal, review a contract, form a closely held corporation, etc. Is he or she responsive? Understanding? Prompt? Does he or she explain things clearly? Does he or she keep you informed without being asked? If the lawyer doesn't know the answer, does he or she admit it and then go find out for you? Then, when you have a big legal problem, you won't have to rush out and interview a bunch of strangers. You've already got somebody you can trust. If he or she can't handle the big matter, he or she can find you the right lawyer who can.

What's the Worst Way? Yes, there is something worse than the Yellow Pages. Be aware that it is highly unethical for a lawyer to pay a referral fee, bonus, or kickback for "leads" on new cases. (Depending on state law, a referral fee sometimes may be paid to another lawyer, but there should be disclosure and client consent for any fee-sharing). Some of the profession's "bad apples" may still engage in the practice of paying "runners" for tips on new clients. So if a stranger (say, an emergency room worker) seems unduly insistent and volunteers that you should see a lawyer, or just happens to have a supply of the lawyer's cards to give you one, look out! This is not the kind of person who deserves your trust.

Is This Covered By Insurance? Most people are aware that homeowners' insurance protects you if someone tripped on your sidewalk and sued. The insurance company will provide a lawyer to defend you, try to settle the claim, and pay a judgment up to the policy limits. It's less well known that homeowners' policies generally provide personal liability protection to you and your family members for claims which may have nothing to do with your home. For example, if you accidentally hit someone with a golf ball at the country club and that person sued you for the lump on his head, it's likely that your homeowners' insurance will provide coverage. If you're involved in such an incident—any situation where someone is hurt and your actions might have contributed to it—don't wait till you're sued. Put your insurance company on notice as soon as possible.

"I'VE BEEN SUED AND THE CLAIM IS TOTALLY BOGUS! DO I REALLY NEED TO HIRE A LAWYER? CAN'T I JUST EXPLAIN TO THE LAWYER/JUDGE AND THEY'LL DROP THE CASE?" As with an innocent person charged with a crime, a civil defendant's need for professional counsel is, if anything, even greater than someone who's at fault. If the Complaint is not answered on time, or your defenses are not properly raised, a perfectly good defense could be lost. Many times we've heard long tales of woe from people whose wages are being garnished or whose property is about to be sold at foreclosure, only to find out that it was too late to dispute the validity of the judgment against them because they ignored suit papers and hearing notices. Consult an attorney as soon as possible, to save money in the long run. Ounce of prevention, a stitch in time, and all that.

What Should I Bring to the First Meeting? First, know that even if you don't end up hiring this lawyer, your communications are privileged. To preserve this privilege, you shouldn't bring other people to the meeting; if you need someone for moral support or transportation, don't be upset if the attorney asks them to wait in the reception area.

DO bring all the paperwork you have, including suit papers (if you've been sued), insurance policies (if you'll be making a claim), and any correspondence to or from the other party. Unless you decide to hire this lawyer, take all your papers with you, and let him or her make copies if he or she wants to review something further.

DON'T try to hide unfavorable or embarrassing information. The lawyer needs to know all the facts to protect your interests. What he doesn't know CAN hurt you, because such things have a way of coming out at the worst possible time, and your lawyer can't respond very well if it's a surprise.

DON'T feel pressured into signing up with the first lawyer you meet.

What Questions Should I Ask? Not all of these questions are appropriate for every type of case, but here are some things which could be discussed. Please be sensitive to the fact that the lawyer can't predict the future, control the court's scheduling, or know what your opponent may do to make things harder:

• What experience do you have with this type of case (how many years; how many cases now, how many in the past)?
• What are the possible outcomes (best/worst case scenarios; how long might it take to resolve)?
• How will you let me know what's going on in the case?
• What can I do to help as the case goes forward? What other information will you need?
• Will anyone else be working on the case?
• Are there alternatives to litigation? Are you comfortable with trying to solve this with arbitration or mediation?
• How will you get paid?
• For hourly fee cases: What is your hourly rate? Can some of the work be delegated to paralegals or junior attorneys? If so, what will their rate be? How often do you send out bills? Do you need an advance retainer (not really necessary to ask this one; the attorney will certainly say so)? If we settle tomorrow, is the balance of the retainer refunded?
• For fixed or flat fee cases: What will be covered by this fee? What about appeals? What if something happens to make the case more complicated?
• For contingency fee cases: What will the percentage be? Will the percentage change depending on how far the case goes? Will you advance expenses? Is your fee figured before or after expenses are deducted? How far are you committed to go (if we lose at trial, will you take an appeal)?
• What about expenses? What kind of expenses do you charge for and how are they calculated? How much do you charge for copies, faxes, etc.?
• Can you give a ballpark estimate on the total fees? Can you put that in writing?
• What will happen if we have a disagreement about the fees?
• Can you give me names and numbers of some of your past clients as references? (For some types of legal matters, such as bankruptcy, divorces or criminal charges, clients' need for confidentiality might make this impractical).

Here's hoping that your search for legal counsel brings you together with an attorney you can trust and respect. Good luck.

Copyright (c) 1996 William D. Marvin