Finding and Working With a Lawyer
Amit is involved in a dispute with his landlord. A tree on the rental property fell on Amit's truck during a storm, and caused $7,000 worth of damage. Amit tried to negotiate with the landlord about payment for repairs. The landlord delayed meeting Amit for weeks, and then said that the damage was not his responsibility.
Amit decides to talk to a lawyer about whether he has a legal right to payment, and what he can do to pursue it. Amit has never hired a lawyer before. How can he find a lawyer who might be able to help him? What questions should he ask his lawyer? How much will it cost to hire a lawyer to assist him in resolving his dispute?
The need for legal services can be said to exist along a vast continuum. At one end of the spectrum are disputes you can handle on your own, without the assistance of a lawyer. At the other end—if circumstances and laws are complex, if you're injured, or if you are at risk of losing valuable rights—you require a lawyer's guidance and representation. Where does your legal matter fall on this continuum? When do you need a lawyer? How can you find one? How do you work with one? This chapter, which is drawn from the ABA Family Legal Guide (see the end of this chapter for more information), can help you make the best choices when working with a lawyer.
When faced with a legal problem, the first question many people ask is: “Do I need to hire a lawyer?” As you can probably guess, the answer is: “It depends.” The need for a lawyer varies with the circumstances of each situation. In making a decision, you may want to consider the following questions:
How important is the issue? For example, in a divorce, if there is a lot of money in dispute or if custody of children is at stake, a lawyer's help is very important. Conversely, if the dollar amount in dispute is low and no other important matters are at issue, a lawyer's help may not be necessary. If your case lies somewhere between these two extremes, you need to compare the benefits that a lawyer could provide with the costs you would incur for legal services.
How well do you understand the issue? If you have been served with legal papers, and you don't know what the papers mean or what to do next, consult a lawyer. However, if you understand the legal issues and the steps you need to take, you may not need a lawyer.
How emotionally involved are you? An old adage states, “A person who represents himself has a fool for a client.” Much of the time—indeed, maybe most of the time—this adage is correct. But some people are good at representing themselves. A key issue in deciding whether to represent yourself is your level of emotional involvement and your ability to assume a detached view of the controversy. If you are very angry at the other party, it may be best to have independent legal help to present the case in an organized, professional way. On the other hand, if you can keep a lid on your emotions and present logical arguments in negotiations or in court, then you may be able to represent yourself effectively.
How user-friendly is the court system? Some courts, such as small-claims courts, are designed to help people handle their own legal disputes. Such courts may provide forms with clear explanations to help people initiate or respond to legal actions. Court personnel might also be able to provide you with direct assistance, guiding you step-by-step and providing information about your legal rights. In other court systems, procedures may be complex and difficult to follow—even for lawyers. To gauge the extent to which a particular court system accommodates people who represent themselves, visit the courthouse or call the clerk of court with some polite questions.
Q. When is it in my interest not to hire a lawyer? Is it ever best for me torepresent myself in a trial?
A. Only if you are the plaintiff, the amount involved is relatively small, andyou are not being sued on a counterclaim (which would mean that you are also a defendant). Otherwise, get a lawyer. If you don't know one, call your local bar association and ask if it operates or knows of a local lawyer referral service. Picking a lawyer is very difficult. You should always meet with at least two—and preferably three—lawyers before hiring one. Explain your situation to each of the lawyers, and see what response you get. Ask about fees. Never hire a lawyer who won't discuss fees with you before you hire him or her. After you hire a lawyer, get a written engagement letter. This letter should spell out the purpose for which you are hiring the lawyer, and the fees and other costs and expenses that will be your responsibility.
—Answer by Judge Robert Shenkin,
Court of Common Pleas of Chester County,
West Chester, Pennsylvania
How much does legal representation cost? Of course, an important factor in deciding whether to hire a lawyer is the cost of legal representation. When involved in any legal dispute, you will need to perform a cost-benefit analysis and ask: “Is pursuit of this case—or some issue in the case—sufficiently important to be worth the cost of hiring a lawyer?” If the stakes are high, full-scale representation may be worth the money, and may even save dollars—or something else—of great value. If the stakes are small, however, legal representation may not be cost-effective.
If you consider these questions and are still in doubt about whether to hire a lawyer, err on the side of caution and at least make an appointment to talk with a lawyer.
Don't ignore invoices or letters threatening legal action; legal problems won't just go away. When dealing with legal issues, an ounce of prevention is worth many dollars and anxious hours of cure. Waiting to contact a lawyer until a legal problem has escalated to crisis proportions can lead to unnecessary anxiety, and may make the problem more difficult and expensive to solve. Lawyers should be thought of as preventers of legal problems, not just solvers.
If you avoid calling a lawyer because you are trying to avoid litigation, you may be hurting yourself. Your lawyer might be able to save you from litigation by working with you in a negotiation, mediation, or arbitration. If you call a lawyer as a last resort, it may already be too late. A lawyer may not be able to protect you after you have lost your rights.
You've thought about it carefully, you've spoken to friends, and you've decided that you need to contact a lawyer to discuss a legal issue. The next question is—how to find one? This section will give you some tips on what to look for when choosing a lawyer. If you do your homework, you can hire the lawyer who has the experience and expertise to help you with your problem. Nothing you hear or read can tell you which particular lawyer will be best for you. Instead, you must judge for yourself. Don't be afraid to trust your gut instinct.
Your lawyer will be helping to solve your problems, so the first requirement is that you must feel comfortable enough to tell him or her, honestly and completely, all the facts of your case. You will also need to take into account:
The lawyer's experience and area of expertise. Ask about your lawyer's areas of concentration, and about the types of cases he or she generally handles.
The lawyer's office location, and whether meeting with the lawyer will be convenient for you
The lawyer's prices and fee structures
Whether the lawyer is willing to provide the legal services that fit your needs and budget
There are many ways to find a reliable lawyer. One of the best ways is to obtain a recommendation from a trusted friend, relative, or business associate. Be aware, however, that each legal case is different, and that a lawyer who is right for someone else may not necessarily be right for you or your legal problem.
Most communities have referral services to help people find lawyers; see the section titled “The World at Your Fingertips” at the end of this chapter for more details. A referral service usually can recommend a lawyer in the area to evaluate your situation. Several services offer help to groups with unique legal needs, such as the elderly, immigrants, victims of domestic violence, or persons with disabilities. In addition, bar associations in most communities make referrals according to specific areas of law, and can help you find a lawyer with the right experience and practice concentration. Many referral services also have competency requirements for lawyers who wish to have referrals in particular areas of law.
Still, these services are not a surefire way to find the right lawyer. The reason is that some services make referrals without reference to a lawyer's specialty or level of experience. For this reason, you may want to seek out a lawyer referral service that participates in the ABA-sponsored certification program. This program uses a logo to identify lawyer referral programs that comply with certain quality standards developed by the ABA.
If you are looking for low-cost legal help, several legal assistance programs offer inexpensive or free legal services to the poor. Look in the Yellow Pages under “Legal Aid,” or search online (see the list of resources at the end of this chapter). Most legal-aid programs have special guidelines for eligibility, often based on where you live, the size of your family, and your income. Some legal-aid offices have their own staff lawyers, and others operate with volunteer lawyers. Note that people do not have an automatic right to a free lawyer in civil legal matters, and legal aid lacks the resources to meet all the legal needs of the poor. If you cannot afford a lawyer, read the “Types of Fees” section of this chapter for information about contingency fee arrangements. You may want to hire a lawyer who only gets paid if you obtain a settlement or judgment.
Lastly, departments and agencies of the state and federal governments often have staff lawyers who help the general public for free in limited situations. Your local United States Attor-ney's Office might be able to provide guidance about federal laws. It might also guide you to federal agencies that deal with specific concerns, such as environmental protection problems or discrimination in employment or housing. The state attorney general also may provide free guidance to the public regarding state laws. For example, some state attorney general's offices maintain consumer protection departments. Similarly, counties, cities, and townships often employ government lawyers who can provide the public with guidance about local laws. Some of these local offices also offer consumer protection assistance. To find such agencies, check the government listings in your phone book, or search online.
LOOK FOR UNBUNDLED LEGAL SERVICES
Increasingly, lawyers offer clients what is known as a limited scope of representation or unbundled legal services. In these types of arrangements, a lawyer “partners” with a client to provide certain services. For example, a lawyer might act as a legal coach for a client who plans to do the legal work on his own and represent himself in court. Or the lawyer may contract with the client for the sole purpose of negotiating a resolution or filling out the papers and documents relating to a legal matter. When people hire lawyers on an unbundled basis, it reduces costs and allows clients more decision-making power. Finding a lawyer who will unbundle services can be a good strategy for people who don't need comprehensive representation, but who are not comfortable doing everything themselves. Your lawyer can discuss these issues with you, and help you decide the best alternative for your case.
TRANSACTIONAL LAWYERS AND LITIGATION LAWYERS
There are two main types of civil lawyers: transactional lawyers and litigation lawyers. Transactional lawyers are essentially contract writers and dealmakers. They often work in situations where the goal is to write good contracts and make favorable deals to prevent lawsuits. For example, if you are opening a small business, a transactional lawyer can advise you on the pros and cons of including a mandatory arbitration clause in your commercial lease. A transactional lawyer might also help you set up a trust fund, assist you in buying real estate, or give you advice about the tax implications of selling goods over the Internet.
Transactional lawyers are like preventive medicine; they help you avoid disputes. The transactional lawyer is not battling with other parties; rather, he or she works to minimize the chance that a legal dispute will arise, while ensuring that you will be in the best possible legal position in the event of a dispute.
If you do become involved in a dispute—for example, if you breach a contract, if you want to make a complaint about discrimination at work, or if you want to challenge a relative's will—then you will probably want to work with a litigation lawyer. A litigation lawyer is trained to serve as your advocate in the dispute, whether you are involved in mediation, arbitration, or a court case.
During an initial consultation, a lawyer usually will meet with you briefly or talk with you by phone so the two of you can get acquainted. This meeting is a chance to assess your prospective lawyer before making a final hiring decision. In many cases, there is no fee charged for an initial consultation. However, to be on the safe side, ask about fees before setting up your first appointment.
During this preliminary meeting, think about whether you want to hire the lawyer. Many people feel nervous or intimidated when meeting lawyers, but remember that you're the one doing the hiring, and what's most important is that you're satisfied with what you're getting for your money. Before you make any hiring decisions, you might want to ask certain questions to aid in your evaluation. Some possible questions are suggested below.
Ask about the lawyer's experience and areas of practice. How long has the lawyer and the firm been practicing law? What kinds of legal problems does the lawyer handle most often? Are most clients individuals or businesses? Ask your prospective lawyer who else, if anyone, will be working on your case. Ask if staff such as paralegals or law clerks will be used in researching or preparing the case. If so, will there be separate charges for their services? Who will be consulted if the lawyer is unsure about some aspects of your case? Will the lawyer recommend another lawyer or firm if this one is unable to handle your case?
Occasionally a lawyer will suggest that someone else in the same firm or an outside lawyer handle your specific problem. Perhaps the original lawyer is too busy to give your case the full attention it deserves, or maybe your problem requires another person's expertise. No one likes to feel that he or she is being passed around from one lawyer to another. However, most reassignments within firms occur for a good reason. Do not hesitate to request a meeting with the new lawyer to make sure you are comfortable with him or her.
When people hire lawyers, one of their most common complaints is the high cost of legal services. However, while good legal counsel will cost you money, you can eliminate some of the frustration and surprise of high costs by having clear conversations about fees early in the process. Make sure you ask your prospective lawyer about how fees are charged—by the hour, by the case, or by the amount won. How much will it cost if the lawyer handles the case from start to finish? When must you pay the bill? Can you pay it in installments? Ask for a written statement explaining how and what fees will be charged, and a monthly statement detailing specific services rendered and the charge for each service if your case is prolonged.
If you are hiring a lawyer to help you resolve a dispute, it is important that you ask for the lawyer's opinion of your case's strengths and weaknesses. Will the lawyer most likely settle your case, or is it likely that the case will go to trial? What are the advantages and disadvantages of settlement? Of mediation? Of going to trial? What kind of experience does the lawyer have in trial work? If you lose at trial, will the lawyer be willing to appeal the decision? Beware of any lawyer who guarantees a big settlement or assures a victory in court. Remember that there are at least two sides to every legal issue, and many factors can affect the resolution of a dispute.
Remember: When you hire a lawyer, you are paying for legal advice. Your lawyer should make no major decision about whether and how to go on with the case without your permission. Pay special attention to whether the lawyer seems willing and able to explain the case to you, and whether he or she answers your questions clearly and completely. Ask him or her what information will be supplied to you. How, and how often, will the lawyer keep you informed about the progress of your case? Will the lawyer send you copies of any documents pertaining to your case? Can you help keep fees down by partnering with your lawyer and performing some of the tasks yourself?
Newspapers, telephone directories, radio, television ads, and direct mail can all provide you with the names of lawyers who may be appropriate for your legal needs. Some ads will help you determine a lawyer's area of expertise. Other ads will quote a fee or price range for handling a specific type of “simple” case. However, don't take everything you read at face value, and keep in mind that your case may not have a simple solution. If a lawyer quotes a fee, be certain you know exactly what services and expenses the charge does and does not include.
Your first meeting is the best time to ask about resolving potential problems that may arise between you and your lawyer. Find out if the lawyer will agree to arbitration or mediation if a serious dispute arises between the two of you. In some states, it is mandatory for lawyers to agree to arbitrate or mediate certain types of disputes with their clients. Most state bar associations have arbitration or mediation committees that will help resolve disputes over fees between you and your lawyer.
Before hiring a lawyer, consider interviewing several candidates. While it may seem tedious, your decision will be more informed if you consider several lawyers before you make a decision. Even if you think you will be satisfied with the first lawyer you interview, you will ultimately feel better about your choice if you consider more than one option.
Legal services can be expensive. We all know that. But there are steps you can take to avoid surprises when the bill arrives. Talk to your lawyer about fees and expenses, and make sure you understand all the information he or she provides. It's best to ask for this type of information in writing before legal work starts. But remember: Fees cannot always be estimated exactly, because unforeseen events may arise during the course of your case.
Although money is often a touchy subject in our society, fees and other charges should be discussed with your lawyer early in the case. You can avoid future problems by having a clear understanding of the fees to be charged, and by documenting that understanding in writing before any legal work has started. If fees are to be charged on an hourly basis, ask for a complete itemized list and an explanation of charges each time the lawyer bills you. It is important to avoid a situation in which you pay a retainer but are unable to pay all of your legal bills. This will either lead to the lawyer withdrawing from your case and leaving you to represent yourself, or the lawyer working without getting paid. Neither situation is likely to meet your needs.
The high cost of legal services may surprise some clients—especially in the case of a simple job, such as preparing a one-page legal document or providing basic advice. But remember that when you hire a lawyer, you are paying for his or her expertise as well as time.
In the most common type of billing arrangement, lawyers charge a set amount for each hour or fraction of an hour they spend working on your case. Whether this set amount is reasonable depends on several things. Experienced lawyers tend to charge more per hour than those with less experience—but they also may take less time to perform the same legal work. In addition, the same lawyer will usually charge more for time spent in the courtroom than for hours spent in the office or library.
The fee charged by a lawyer should be reasonable from an objective point of view. The fee should be tied to specific services rendered, time invested, the level of expertise provided, and the difficulty of the matter. In addition, the reasonableness of a fee will depend upon
the time and work required by the lawyer and any assistants;
the complexity of the legal issues presented;
how much other lawyers in the area charge for similar work;
the total value of the claim or settlement and the results of the case;
the lawyer's experience, reputation, and ability; and
the amount of other work the lawyer had to turn down to take on a particular case.
Costs are expenses incurred in addition to your lawyer's fees. These include the court clerk's costs for filing complaints or petitions, the sheriff's costs for serving legal summonses, and the costs of mailing and copying documents, telephone calls, and expert witnesses such as doctors. These expenses may not be included in your legal fee, and you may have to pay them regardless of your fee arrangement. Usually your lawyer will pay these costs as needed, billing you at regular intervals or at the close of your case.
A contingency fee is a fee that you pay only if your case is successful. Lawyers and clients use contingency fee arrangements in cases involving money damages—most often in cases involving personal injury or workers' compensation. Many states strictly forbid this billing method in criminal cases and in most cases involving family law matters.
In a contingency fee arrangement, a lawyer agrees to accept a fixed percentage (often one third) of the amount recovered. If you win the case, the lawyer's fee comes out of the money awarded to you. If you lose, neither you nor the lawyer will get any money, but you will not be required to pay your lawyer for the work done on the case.
On the other hand, win or lose, you probably will have to pay court filing charges, the costs related to deposing witnesses, and similar expenses. By entering into a contingency fee agreement, both you and your lawyer expect to collect some unknown amount of money. However, because many personal-injury actions involve considerable and often complicated legal work, this may be less expensive than paying an hourly rate. You should clearly understand your options before entering into a contingency fee arrangement.
Not all contingency fee arrangements are the same. An important consideration is whether the lawyer deducts costs and expenses from the amount won before or after you pay the contingency fee. For example, suppose Brian hires Arwen Attorney to represent him, agreeing that Arwen will receive one third of the final amount—in this case, $12,000. Miscellaneous expenses associated with Brian's case total $2,100. If Brian pays Arwen her contingency fee before expenses are deducted from the award, the fee will be calculated as follows:
However, if Brian pays Arwen her contingency fee after other legal expenses and costs are deducted from the award, the amount of Brian's recovery will be quite different:
These calculations demonstrate that Brian will collect an additional $700 if the agreement provides for Arwen Attorney to collect her share after Brian pays for miscellaneous legal expenses.
Many lawyers prefer to be paid before they subtract the cost of expenses from an award, but this point is often negotiable. Of course, these matters should be settled before you hire a lawyer. If you agree to pay a contingency fee, your lawyer usually is required to provide a written explanation of the agreement, clearly stating how he or she will deduct costs. If you and your lawyer agree to a contingency fee arrangement, the method of settling your case may affect the amount of your lawyer's fee. If the lawyer settles the case before going to trial, less legal work may be required. On the other hand, the lawyer may have to prepare for trial, with all its costs and expenses, before a settlement can be negotiated. You can try to negotiate an agreement in which the lawyer accepts a lower percentage if he or she settles the case before a lawsuit is filed in court. However, many lawyers might not agree to these types of terms.
A fixed fee is a set amount charged for routine legal work. In some situations, this amount may be set by law or by the judge handling a case. Since advertising by lawyers is becoming more popular, you are likely to see ads offering fixed-fee services—for example, “Simple Divorce: $350” or “Bankruptcy: from $550.” However, do not assume that fixed fees will constitute the entire amount of your final bill. Advertised prices often do not include court costs and other expenses.
SOME TIPS ON MINIMIZING FEES
Be organized. Make sure you bring all relevant documents to any meeting with your lawyer, so that your lawyer's time isn't wasted.
Be brief. If your lawyer is charging you by the hour, don't waste time with irrelevant conversation or long-winded explanations.
If your lawyer is working on something for you, don't call every time you have a minor question. Instead, save up a few questions to ask all at once.
Ask your lawyer if there is anything you can do to help. For example, can you write some letters, make some phone calls, or change the title of some assets?
Ask your lawyer to alert you if the cost of your case starts to escalate beyond the cost discussed.
Ask for an itemized bill so you can see the cost of each service provided.
If you pay a small amount of money regularly to ensure that a lawyer is available for any legal service you might require, then you are said to have a lawyer on retainer. Businesses and people who routinely have a lot of legal work use retainers. By paying a retainer, a client receives routine consultations and general legal advice whenever needed. If a legal matter requires courtroom time or many hours of work, the client may need to pay more than the retainer amount. Retainer agreements should always be in writing. Most people do not see a lawyer regularly, and do not need to have a lawyer on retainer.
Note that having a lawyer on retainer is not the same thing as paying a retainer fee. Sometimes a lawyer will ask a client to pay a fee in advance before he or she will perform any legal work. This payment is referred to as a retainer fee, and is in effect a down payment that will be applied toward the total fee billed.
There are several steps you can take to reduce the amount of fees and costs you must pay to a lawyer. First, answer all of your lawyer's questions fully and honestly. Remember that the attorney-client privilege binds your lawyer to maintain in the strictest confidence almost anything you reveal during your private discussions. You should tell your lawyer the complete details of your case, even those that embarrass you. Not only will you feel better, but you will also save on legal fees in the long term, because your lawyer will be able to save time and do a better job. It is particularly important to reveal to your lawyer any facts that reflect poorly on you. These will almost certainly come out if your case progresses to mediation, arbitration, or trial.
Sometimes you may be able to reduce legal costs by helping with your own case. Many lawyers are receptive to unbundling legal services—that is, sharing the workload with clients. For example, maybe you can write the letter laying out your side of the case, and the lawyer need only review it, thus spending less time on your case and costing you less money. Often lawyers will provide advice, but will become heavily involved in a matter only if it goes to court. Let your lawyer know if you are willing to help out, such as by picking up or delivering documents or by making a few telephone calls.
You should not interfere with your lawyer's work. However, you might be able to speed up your case, reduce your legal costs, and keep yourself better informed by doing some of the work yourself. (For more information, see the Sidebar titled “Look for Unbundled Legal Services” earlier in this chapter.) Talk to your lawyer about whether such an arrangement might be appropriate in your case.
A lawyer's professional conduct is governed by the rules of professional conduct in the state or states where he or she is licensed to practice. These rules are usually administered by the state's highest court through its disciplinary board. The rules describe how lawyers should strive to improve the legal profession and uphold the law. They also give detailed rules of conduct for specific situations. If a lawyer's conduct falls below the standards set out in the rules, he or she can be disciplined by being censured or reprimanded (publicly or privately criticized); suspended (having his or her license to practice law revoked for a certain amount of time); or disbarred (having his or her license to practice law taken away indefinitely).
The law sets out punishments for anyone who breaks civil and criminal laws, and that includes lawyers. But because of the special position of trust and confidence involved in a lawyerclient relationship, lawyers may also be punished for things that are unethical, if not unlawful—such as revealing confidential information about a client, or representing clients whose interests are in conflict. Among the highest responsibilities a lawyer has is his or her obligation to a client. A number of strict rules and common sense guidelines define these responsibilities.
SOME TIPS ON TALKING TO YOUR LAWYER
Before your first meeting with your lawyer, think about your legal problem, how you would like it resolved, and the outcome you hope to achieve.
If your case involves other people, write down their names, addresses, and telephone numbers. Also jot down any specific facts or dates you think might be important, and any questions you want answered. By being organized, you will save time and money.
Bring all relevant information and documents with you to any meeting with your lawyer, including contracts, leases, or any documents with which you have been served.
If there has been a development in your case, don't wait until your next scheduled meeting to tell your lawyer about it. Tell your lawyer immediately of any changes that might be important. It might mean that the lawyer will have to take a totally different action—or no action at all—in your case.
Let your lawyer know if you are unhappy with his or her work, and why.
Don't wait for your lawyer to ask you about something; volunteer information that you think may be useful.
Every lawyer must aim to provide sound work. This requires the lawyer to analyze legal issues, research and study changing laws and legal trends, and otherwise represent the client effectively and professionally.
A lawyer should advise a client of possible actions to be taken in a case, and then act according to the client's choice—even if the lawyer might have picked a different course of action. One of the few exceptions to this rule arises when a client asks for a lawyer's help in doing something illegal, such as lying in court or in a legal document. In these cases, the lawyer must inform the client of the legal effect of any planned wrongdoing and refuse to assist with it.
Every lawyer must act carefully and in a timely manner in handling a client's legal problem. Unnecessary delays can often damage a case. If, because of overwork or for any other reason, a lawyer is unable to spend the required time and energy on a case, the lawyer should refuse to take the case. But note that legal matters can take a long time. If you have an extended case, chances are that delays will occur not because of your lawyer, but because of court scheduling or other factors outside of your lawyer's control.
A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must also inform a client about delays or other issues with a case as they arise.
As in any successful relationship, a good lawyer-client relationship involves cooperation on both sides. As a client, you should do all you can to make sure you get the best possible legal help. This includes:
Being honest. Be honest with your lawyer, and tell him or her all the facts of your case. Remind yourself of important points or questions by writing them down before talking with your lawyer.
Notifying the lawyer of changes. Tell the lawyer promptly about any changes or new information you learn that may affect your case. And let your lawyer know if you change your address or telephone number.
Asking for clarification. If you have any questions or are confused about something in your case, ask your lawyer for an explanation. This may go a long way toward putting your mind at ease—and will also help your lawyer to do a better job of handling your case.
Being realistic. A lawyer can only handle your legal affairs. You may need the help of another professional—a banker, family counselor, accountant, or psychologist, for example—for problems that have no “legal” solution. After you have hired a lawyer you trust, be mindful of that trust, and remember that a lawyer's judgments are based on experience and training. Also, keep in mind that most legal matters cannot be resolved overnight. Give the system time to work.
Paying. A client has the duty to pay promptly a fair and reasonable price for legal services. In fact, when a client fails to pay, in some situations his or her lawyer may have the right to stop working on the case. Even then, the lawyer must do whatever is reasonably possible to prevent the client's case from being harmed.
The amount a lawyer charges for legal work must be reasonable, and the client should be provided with details about all charges.
With few exceptions, a lawyer may not tell anyone else what a client reveals about a case. Strict enforcement of this rule enables a client to discuss the details of his or her case openly and honestly with a lawyer, even if those details reveal embarrassing, damaging, or commercially sensitive information. Attorneyclient privilege protects confidential information from being disclosed. Chapter 6 describes this rule in greater detail; your lawyer can also explain it to you.
A lawyer must be loyal to his or her client. This means that a lawyer cannot represent two clients who are on opposite sides of the same or related lawsuits. In addition, a lawyer ordinarily cannot represent a client whose interests would conflict with the lawyer's interests. For example, a lawyer may not be involved in writing a will for a client who leaves the lawyer substantial money or property in that will.
If a lawyer is holding a client's money or property, it must be kept safely and separately from the lawyer's own funds and belongings. When a client asks for that property, the lawyer must return it immediately and in good condition. The lawyer must also keep careful records of money received for a client and, if asked, report such amounts promptly and accurately.
When you agree to hire a lawyer and that lawyer agrees to be your legal representative, a two-way relationship begins in which you both have the same goal: to satisfactorily resolve a legal matter. To this end, each of you must act responsibly toward the other. In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work.
You have a right to expect competent representation from your lawyer. However, every lawsuit has at least two sides. You cannot always blame your lawyer if your case does not turn out the way you thought it would. If you are unhappy with your lawyer, take a long cool look at the reasons for your unhappiness. Are you simply unhappy with the outcome, or are you unhappy with the way in which your lawyer handled the case? If your lawyer appears to have acted improperly, or failed to do something that you think he or she should have done, talk with him or her about it. You may be satisfied once you better understand the circumstances.
If you have tried talking with your lawyer, and your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for work he or she has already completed. Most documents held by your lawyer that relate to the case are yours, and you should ask for them if you want another lawyer to take over the matter. In some states, however, a lawyer may have some rights to hold on to a file until the client pays a reasonable amount for work completed on the case.
If you believe you have a valid complaint about how your lawyer has handled your case, consider informing the organization that governs licenses to practice law in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association handles lawyer discipline. The board or the bar will either investigate the complaint or refer you to someone who can help. If your complaint concerns the amount your lawyer charged, you may be referred to a state or local bar association's fee arbitration service.
Filing a disciplinary complaint accusing your lawyer of unethical conduct is a serious matter. Be aware that making a complaint of this sort may punish the lawyer for misconduct, but it probably will not help you recover any money. If you have a case pending that your lawyer has mishandled, be sure to protect your rights by taking steps to see that your case is properly handled in the future.
If you believe that your lawyer has been negligent in handling your case—and that his or her negligence has cost you money, injured you, or violated your legal rights—you may be able to bring a malpractice suit against your lawyer.
If you believe that your lawyer has taken or improperly kept money or property that belongs to you, contact the state client security fund, client indemnity fund or client assistance fund. Your state or local bar association or state disciplinary board can tell you how to contact the fund that serves you. These funds may reimburse clients if a court finds that their lawyer has defrauded them. Lawyers pay fees to maintain such funds. Be aware, however, that most states' programs divide up the available money among all the clients who have proved cases against their lawyers. There is rarely enough money in the fund to pay 100 percent of every claim that is made.
The American Bar Association Family Legal Guide (3rd edition, 2004) contains more detailed information about working with a lawyer, and chapters on many different areas of the law. You can order the book from the ABA Web store, at www.abanet.org/abastore.
To find a local lawyer referral program, call your bar association, look in the Yellow Pages, or visit www.abanet.org/legalservices/lris/directory.html for a list of three hundred lawyer referral services across the country, including all those certified by the ABA.
If you hire a lawyer on the Web and want to confirm that he or she is admitted to the bar, visit the ABA's directory of state bar admission offices at www.abanet.org/legaled/baradmissions/barcont.html.
For a listing of all state and major local bar associations with an Internet presence, visit the website of the ABA's Division for Bar Services at www.abanet.org/barserv/stlobar.html.
To find legal services for the poor in your area, contact your bar association or look in the Yellow Pages under “Legal Aid” or “Legal Services.” For a listing of legal-service programs for the poor in every state, access the directory of the ABA's Division for Legal Services at www.abanet.org/legalservices/probono/directory.html.
Links to legal-aid and legal-services sites providing legal information for each state can be found at www.ptla.org/links.htm.
Visit www.lsc.gov/fundprog.htm to learn about programs in all states funded by the federal Legal Services Corporation.
If you're interested in doing some legal work yourself, some referral services will refer clients to lawyers who are willing to unbundle services. Visit www.findlegalhelp.org for more information.
To make a complaint about your lawyer, call your state bar association, which will tell you how to proceed, or visit www.abanet.org/cpr/disciplinary.html for a listing of lawyer disciplinary agencies in every state.
The ABA Division for Legal Services provides information about resolving disputes with your lawyer, and links to websites on mediation, arbitration, and disciplinary action, at www.findlegalhelp.org.
The ABA Roadmaps Series can provide you with valuable information about representing yourself in court. Check out Litigants Without Lawyers and User-Friendly Courts. All titles are listed at www.abanet.org/justice/roadmaps.html.
If you are involved in a dispute, it doesn't automatically mean you need a lawyer. Keep an open mind and be aware of all your options. If you're not sure what to do, seek legal advice.
If your dispute is serious, if someone has commenced legal action against you, or if you're injured, see a lawyer without delay. Getting advice early could save you time and money.
It's worth spending some time to find a lawyer who is appropriately qualified and right for you. You may have to interview more than one lawyer to find the right match.
Don't be afraid to ask your prospective lawyer questions—your lawyer is there to help you!
If things don't turn out the way you'd hoped, discuss your concerns with your lawyer. He or she might be able to explain what happened in a way that makes sense to you.
If you have serious concerns about your lawyer's conduct, don't be afraid to pursue the matter through your state disciplinary authority.
TALKING TO A LAWYER
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