Most people will need an attorney sometime in their lives. There are many situations in life where legal assistance is necessary, such as preparation of contracts, estate planning, business incorporation, property transfers, and many other routine legal needs. Likewise, when a dispute occurs, the first thought of many people is to go to a lawyer. Many disputes, though, can be resolved by direct and constructive communication between the parties. Negotiation is by far the cheapest, simplest and easiest way to settle conflicts.
However, if you are sued, your spouse files for divorce, or you are charged with an offense, it is very important to consult with an attorney as soon as possible about your rights and options. Of course, one may more easily represent oneself in minor matters, such as small claims court or traffic court, but even then legal advice is prudent for preparation.
The first question for many people is "how do I choose a lawyer?" and then "how do I work with my lawyer?" Below are some subject areas to consider in advance and to discuss with the lawyer.
There are two dangerous mistakes to avoid. One is not conferring with an attorney when you need to, thus trying to act as your own lawyer. The old adage "he who represents himself in court has a fool for a client" points to the need for competent knowledge of both the rules of the legal system, as well as the law. Second, refrain from asking a lawyer who is a friend or a member of your church to perform your legal services and, particular, expecting this person to work for free. Even if the attorney friend were willing, he or she may not have the experience you need and the relationship could be damaged if difficulties arise.
For your peace of mind and to build a good relationship it's important to get as much information as possible before you hire the attorney. Below are listed some of the kinds of questions you can ask to help you make a wise consumer choice in both hiring and working with an attorney.
· What exactly are my legal needs right now and in the future?
· Do I need a one-time service or am I looking for a long-term relationship?
· Does my problem or need have a spiritual or religious dimension? or is the issue truly secular in nature?
While some people may select an attorney based on a friend’s recommendation, most rely on other sources of information such as the Yellow Pages, Bar referral offices and the internet. Many still find it difficult to select a lawyer, even after using these means. The Kansas City Christian Lawyer Referral Network was created to assist people in obtaining legal help, particularly when common faith and values are important to the client. Names of CLRN members may be obtained by calling the Christian Legal Resources office at 913-385-2524 or by using the online CLRN directory, which is available on the Internet at www.clrkc.org, follow these simple steps.
· Scan the Law Categories in the Christian Lawyer Referral Network directory to locate the area of law that relates to your legal need. If you don’t find a category that seems appropriate and you are being sued or you’re considering filing a lawsuit, then go to the “Lawsuit” categories. Another useful general category is “Torts.” A tort is any civil wrong that is not the result of a breach of contract.
· Within the selected category, check for names of attorneys listed by the area of the city in which you live. You may select as many of the names to call as you wish. If there are no names listed in the area of the city in which you reside, then check a neighboring county.
· If there are insufficient names you can select names in the neighboring state. The symbol (°) before an attorney's name signifies license in both Kansas and Missouri.
· Check the alphabetical listing at the end of the Directory for the office location of the attorney and church affiliation
· Verify the attorney handles your type of case. “Do you handle the type of need or problem I have?” (First, give a brief general description, such as "bankruptcy," "adoption" or "landlord/tenant" before telling the detailed story. Don’t expect the attorney to give you a half hour on the phone discussing your problem.)
· Verify consultation cost. “Do you charge for an initial one-hour consultation to discuss employing you as my attorney? (30 minutes is not enough.) If so, how much, and will this amount be credited toward the overall cost of handling my case?”
· Verify potential conflicts of interest. “Do you represent or have you ever done work for my adversary?”
· Do you currently have the time in your schedule to take on my case?
· Can you provide the names of former clients who would recommend your services?
· Do you have a resume that I can have?
· (For litigation) How many trials have you represented clients in during the past five years? How often have you handled the kind of case I have?
· What are the various alternative ways in which my case or problem might be handled?
· Do you anticipate any special problems? If so, how will they be handled?
· Will you be doing all the work? If not, will you introduce me to the other people who will be working on my case or problem?
· How long do you estimate the case will take? What variables would affect your estimate?
· Have you and/or your firm ever had a professional grievance filed with the bar association or been sued for malpractice? If so, please explain.
Billing by the hour is the most common arrangement and it’s important to find out the rate charged per hour and the fraction of an hour used in billing. For routine tasks, like reviewing a contract, the fixed (or flat) fee may be most advantageous to you. Many cases may also be handled on a "contingency" basis, which means that the lawyer earns a fee by winning or settling the case and receiving the money from the adversary. The fee agreement should be in writing and specify the billing method, billing rate and whether you will be expected to pay expenses if the lawsuit does not yield a monetary award and whether the expenses of the case will be deducted before or after calculating the attorney's fees.
In order to “count the cost” of litigation you will need an estimate of the anticipated court costs and legal fees. If you agree on a budget, then you and your attorney should always keep in mind the original legal fee estimate. In litigation particularly, it's easy to go off budget, and even forget that there was a budget until it's too late. Monthly billing is a must for reassessing both the budget and your financial resources. Remember that you're paying the bill, so you're entitled to know the likely costs of any legal service or activity the attorney performs for your case.
It is reasonable to expect an itemized bill for the legal work, giving a description of each service, the date rendered, the person rendering the service and the charge for the service. Before you hire the lawyer and if the lawyer agrees to monthly billing, ask if you can call the lawyer for free to discuss each monthly bill. Ask for at least 15 minutes per month. This conversation is not to be confrontational, but to insure that you understand everything in the bill. As you review the bill, remember that the attorney's fee goes toward paying many different expenses besides a personal salary, such as secretarial time, telephone, postage, expert testimony, expert assistance, etc.
A good working relationship between an attorney and client must be based on mutual trust and respect. The role of an attorney is to advise, give options and represent your interests, as well as to perform specific legal services. You are responsible to define your interests and what you want the attorney to do to achieve those interests.
The surest way to receive a shocking (but reasonable) bill is to hand your problems over to the lawyer and walk away without participating. There may be some tedious tasks normally done by the lawyer that you could do which can save on expenses. Conversely, being involved does not mean pestering the lawyer with frequent and unnecessary phone calls, for which the attorney must bill you.
Sometimes attorneys may develop conflicts that result in little direct communication and a lot of letters being passed back and forth with opposing counsel. These adversarial games can cost you money. If necessary, you can request to receive copies of letters sent to and from opposing counsel so that you can monitor whether such conflicts are occurring. Be sure that your attorney is representing you in a manner consistent with your values and goals.
If you are confused, ask questions. Don't sign anything without reading it and understanding the contents. If you're not sure of your lawyer's advice or actions, get a second professional opinion.
Use mediation or arbitration whenever possible as an alternative to civil litigation. These dispute resolution methods can be considerably cheaper and faster than the conventional lawsuit of two attorneys negotiating a settlement. These processes involve neutral persons who meet with opposing parties to help them settle the dispute. In mediation the parties make the final decision and in arbitration the arbiter makes the final decision. Practitioners of mediation may come from the legal or mental health fields. NOTE: An attorney who functions as a mediator cannot also represent one of the parties in the litigation.
In many cases there is more at stake than your "rights." For example, how much in the long run are you willing to pay just "for the principle of it."
How much of your life do you want to spend in a personal war? Will your action have potentially damaging consequences on innocent third parties. How much emotional turmoil can your life handle? Be sure to count all the costs before embarking on a course that could leave you seriously disappointed.
When you decide on the attorney you wish to hire you need to be prepared to cooperate with the attorney. It is important to clarify in advance the attorney's expectations of you to assure optimum service. Keep appointments you make or notify the attorney in advance if you can't keep an appointment. Do not call an attorney at home without express permission and do not expect the attorney to be available at other than stated office hours. Keep current on your legal billing account to insure that any complaints you may have about the lawyer don't boomerang. Remember, you are "employing" the attorney and employees deserve to be paid when promised.
Many helpful suggestions may be found in Carl F. Lansing, Legal Defense Handbook, NavPress, 1992.
© 2003 by Blaine Robison.