WHAT SHOULD I CONSIDER IN CHOOSING MY LAWYER?

Family Law & Civil Practice

Don't rush into hiring an attorney and don't assume that expensive is better, or low-cost is ineffective. Get to know your chosen attorney and be careful who you let control your case. Perhaps the most important thing to consider in choosing an attorney is how you feel about your relationship to him/her. Does he listen to your thoughts, questions, ideas and concerns? Does he involve you actively in your case? Do your phone calls get returned promptly? Are you kept informed of your case's progress and receive billing statements for fees and costs regularly? If the shoe doesn't fit well, the journey will be difficult.

The "right" lawyer is one who is professional, educates their client, empowers the client to make good choices about the law and keeps fees and expenses under control. Hiring a lawyer is a big decision. Circumstances are often stressful, and the consequences of making the wrong decision can be dire.

HERE ARE SOME STEPS YOU CAN TAKE TO ENSURE THAT YOU FIND THE RIGHT ONE:

1.  Everyone is different, and you need a lawyer who will mesh well with your personality and expectations about how the case will be handled. Attorneys are humans too (imagine!) and we have distinct personalities and approaches to the law. You should find an attorney that suits your needs and your personality too as much as possible. This is a stranger you are inviting into the inner most parts of your life. They will know more about you than many people in your life. It wouldn't hurt to get along with them and maintain a friendly professional relationship.

2. Initial consultations and fees

• Initial consultations should be specific. A thorough review of your issues is the only way to adequately quote a fee. Avoid flat fee divorces. Attorneys who quote a flat fee often fail to adequately represent the client if the case becomes difficult. A Divorce attorney should be able to estimate the cost to complete the divorce and provide monthly updates of costs.

• Don't be quick to judge, however, if their office isn't as fancy or expensive as you think it should be. Low overhead equals the ability to charge less to clients, so in this day and age, don't let a lawyer's economy throw you for a loop.
  

• Take some time to consider what is your ultimate goal. Think about what type of lawyer you want to hire and what makes sense for you and your family. View the hiring of your divorce attorney [or any issue for that matter] as an investment in your future. Don't just hire the cheapest attorney around. Sometimes you do "get what you pay for." The same is certainly true for lawyers.
  

3. Ask questions

What's your litigation style? Will you tell me if I'm being unreasonable? Will you communicate with me regularly? Will I be talking to you or your assistant? Will you help me to conserve money? These are all reasonable questions to ask. If you get done describing an awful abusive situation and your attorney seems to just sit there and not care, you might want to search some more.

4. Don't be afraid to mention the "F" word.

Fees are how an attorney makes his living. Setting fees is largely subjective and varies from attorney to attorney.

• Some attorneys will tell you up front what their hourly fee is, and if a retainer is required.
• Also ask if they charge in 6 minute intervals, 15 minute, etc. and if it is cheaper to contact them by phone, email, fax or mail. There is nothing wrong with being an empowered consumer.
• Again, you're hiring me. I know what I'm doing, but you deserve to know how I'm going to charge you for it. If it's out of your price range, keep looking. Remember, not all attorneys are created equal.

Many estate planning attorneys won't disclose their fee ranges to you prior to your appointment. This may make you uncomfortable. While it is impossible to quote you an exact fee ahead of time without knowing the particulars of your case, they should be willing to give you an estimated fee range. At the other end of the spectrum, be careful of an attorney that quotes a fixed fee without talking to you about your case. They probably charge everyone the same fee because they give everyone the same plan or a form out of their drawer, which may or may not meet your family's needs (also known as "trust-mill" law firms).

An attorney that gives true value through his or her advice is what you should focus on. As President Abraham Lincoln said, "an attorney's time & advice; are his stock & trade."

Your fee agreement should only be made following an initial consultation with you to ascertain your needs and determine the best course of action to obtain those needs. Many documents can be prepared effectively using the flat fee method.

If your need is of a complex nature or may involve either other people, businesses, or government agencies, effective control over future events surrounding your need is not totally within your control. In these situations, an hourly fee is common.

Legal Fee Estimates are based upon my experience of a typical case similar to yours. The actual final cost may be more or less. Also, the more active you are in the case assisting with some of the work, [such as locating information, addresses, contacts, documents, etc.], lessens the time your attorney spends on such tasks, and your legal costs. Your legal fees should become part of your budget. A "low ball" fee for a case such as this is unrealistic and a disservice to you, since your planning and expectations will consequently be unrealistic as well.

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