Need a Lawyer? Judge for Yourself.
Going through a divorce? Launching a business? Hurt in a car
accident? Writing a will? Facing a lawsuit? In any of these situations, you may
consider hiring a lawyer to advise you or represent your interests.
KNOW WHO YOU’RE
DEALING WITH
Many lawyers specialize in a particular area of the law. Be sure
your attorney has relevant experience. An attorney who regularly drafts wills
may not be the best choice to represent you in a courtroom if the subject is
an auto accident. If family, friends or co-workers have hired a lawyer for a
similar reason, ask them for recommendations. If not, check with your state and
local bar associations. Some groups offer lawyer referral services for their
members.
DO YOUR RESEARCH
Try to talk with more than one lawyer before you choose
the one to represent you. But find out if you will be charged for an initial
meeting. Be prepared to describe your problem in a brief, clear summary. Ask
the various lawyers about their experience, their fees, what your options might
be, your chances of success, who will do the work, and when the problem might
be resolved.
KNOW THE REAL DEAL
Once you decide to hire a lawyer, be sure
you understand what you’ve both agreed to. How often will the lawyer update
you? What information will you be required to provide? Do you understand all
your options? What will the total cost be? If you’re not clear on exactly
what the lawyer is doing, ask for clarification. Although your chances of success
can’t be guaranteed, discuss approaches to your case. You should be comfortable
with your lawyer’s approach to your case. Be up front with your lawyer
on all the facts and circumstances surrounding your situation. You may want to
get the agreement with your lawyer in writing.
FEES AND COSTS
Before any work begins,
ask what the cost will be for the lawyer’s services and whether you will
be responsible for other fees and charges. State ethics rules require lawyers
to charge a reasonable fee. The American Bar Association advises that lawyers
explain their fees, preferably in writing, within a reasonable time after beginning
to represent you. And some state bars require that lawyers put their fees in
writing before they take a case. Your lawyer may charge you extra for copying
documents, courier services, court filing fees, or research services. Be sure
you understand what you will be charged for and how much.
PAYMENT ARRANGEMENTS
Remember
the most expensive lawyer is not necessarily the best one for you. Nor is a “bargain” rate
always a great deal. Look for the best balance of experience and cost. You may
want to ask your lawyer if a junior lawyer or paralegal can perform some of the
work to lower your costs. You also may want to ask if there are tasks you could
perform yourself to save time and money. For example, you might be able to copy,
pick up or deliver certain documents. A lawyer may charge you a flat fee for
a particular service or offer alternative methods of payment. Each has benefits
and risks.
Contingency fees.
A contingent fee arrangement means that your lawyer
gets a percentage of whatever money you receive as resolution of your case. If
you receive no money, then your lawyer collects no fees. However, you may owe
charges for court fees, copying, and hiring expert witnesses. If you have very
little money to pay hourly fees, it may be appropriate to negotiate a contingency
fee with your lawyer. But before agreeing to a contingent fee, consider that:
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size of a contingency fee, usually a percentage of any money you receive to resolve
the case, is always negotiable. Sometimes you can negotiate a sliding scale fee
(for example, 30 percent of any recovery up to $10,000; 20 percent of any recovery
up to $50,000, etc.). Remember that there’s no particular percentage of
a consumer’s recovery that constitutes a “standard” or “official” fee.
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The
size of the contingency fee should reflect the amount of work that will be required
by the attorney. Some cases are straightforward; others can be novel or uncertain.
You may want to ask whether the case is likely to settle quickly and whether
government agencies will gather significant amounts of evidence. A fee arrangement
sometimes can be negotiated with a lower percentage for a quick settlement and
a higher percentage if it goes to trial. Be sure you know exactly what is covered
in your agreement. Your state also may have rules about maximum contingency fees;
check with your state’s bar association.
Flat fee.
You pay the lawyer a
set dollar amount for a particular service, like writing a will. If the matter
is simple and straightforward, say, an uncontested divorce or a simple bankruptcy
filing, many lawyers often charge a flat fee. Be sure to find out exactly what
the flat fee includes.
Hourly rates.
The lawyer charges a set fee per hour. Your final cost will depend
on how long it takes to complete your work. Hourly rates vary according to a
lawyer’s expertise and experience. An experienced lawyer may charge a higher
hourly rate but may complete the work more quickly. Because the hours worked
on your case can add up quickly, you should ask for a written estimate of the
number of hours necessary to complete your case to get an idea of what your final
bill might amount to.
Retainer.
Your lawyer may ask you to pay a fee up front.
A lawyer can use this fee – often called a retainer – as a down payment
on expenses and fees. It is important to review your account from time to time
to understand how your money is being spent.
Public Legal Services.
Depending
on your financial situation, you may qualify for free or low cost legal services
through special organizations. For example, you may be eligible for free representation
in landlord-tenant or divorce cases. Look in your local telephone directory for
legal services organizations or legal clinics associated with accredited law
schools.
Pre-paid legal plans.
Some organizations offer pre-paid legal plans that
work like an insurance policy. In exchange for a monthly fee, you receive certain
legal services as you need them. However, the fees charged and the services covered
vary with each state’s law and the particular plan. Check out any plan
carefully to be sure you know what’s covered and whether it makes sense
for your situation.
KEEP GOOD RECORDS
Chances are your lawyer will ask you for
documents that relate to your case. Keep copies if you give your lawyer the originals.
Ask for copies of all other important documents. When you get a bill from your
lawyer, review it carefully and ask about any charges that are unclear to you.
CLASS
ACTIONS
In a class action, a court decides that a group of people — a class — may
have been harmed in a similar way. You may receive notices asking whether you
want to be part of the lawsuit. Read the notice carefully. If you take no action,
you typically become a member of the class by default. If that’s the case,
you are bound by the outcome of the class action lawsuit; you can’t bring
your own case; and you won’t have direct control of the lawsuit. But you
could raise some objections about any settlement or the amount of the attorney’s
fees. Should you choose not to become a member of the class, you preserve the
right to bring your own case and control it directly. But you’ll have to
hire — and pay for — your own lawyer and you won’t share in
any benefits that may be won in the class action.
SERVICE
If you’re not
happy with the work your lawyer has performed on your behalf, you may fire him
or her at any time. In some kinds of cases, you may need the permission of a
judge to do this. Weigh the costs and benefits of starting over with a new lawyer.
Your case may be delayed and could cost you more. Lawyers are subject to state
ethics rules and are required to charge reasonable fees; if you think your lawyer
didn’t treat you fairly, represent you adequately, or charged you too much,
communicate with him and try to work out some resolution. If trying to resolve
the matter directly with your lawyer is unsuccessful, consider filing a complaint
with your state or local bar association. In some states, arbitration is available
to mediate such disputes. Remember that if you are satisfied with the work your
lawyer has done for you, communicate that message, too. |
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