By: Mark Sterling
When searching out a lawyer to represent you in a private matter at law, It's recommended to try contacting the local bar association or an attorney referral service. These can be found locally, or because of the rising sophisitication of internet sources, you may be able to locate one on line. Of course, there is always the state bar association or recommendations from people who are satisfied with services that they have received from other attorneys. You might try asking friends, family members, or people that you work with. Once you have acquired the names of two or possibly three attorneys whose legal expertise is in the area for which you need assistance, you should make either a personal, or telephone appointment to do a preliminary interview of each lawyer. This will help you reflect on the conversations and ultimatelky assist you in making a decision as to which one to retain as your legal counsel. It's is fairly typical for lawyers to offer a free initial consultation of 30 minuites or so to give you a chance to discuss your case and see whether you and the prospective attorney suit each other. Here are some questions you can use when you interview your attorney:
1. How long have you practiced or specialized in this type of law? If the attorney has recently switched from say, contract law to criminal law, and you are facing criminal charges, you should strongly consider searching out an attorney experienced in criminal law. However, this isn't always written in stone. For example, if the attorney has been assisting another lawyer with criminal cases, or has been involved extensively in this area previously, you might make an exception. Try to ascertain if this attorney has enough experience and character in this particular attorney for handling your case.
2. Attorneys have several ways by which they charge. A Lawyer who is not clear or is vague about the cost of his or her services or about the type of expenses that will be incurred, is someone you do not want to get involved with. While it is not out of the ordinary to refrain from stating exact pricing for incidental legal costs such as copying, telephone conferences, and postage costs, the attorney should be able to make a reasonable estimate, including any other potential costs for testimony from expert witnesses, deposing witnesses, interrogatories, or videorecording sessions and traveling costs. Ata bare minimum, make an effort to get a written estimate the attorney’s fee schedule. Some attorneys charge by the hour or by the filing of motions and procedures, such as a $2,500 divorce fee. Some others collect a percentage, such as one-third of any awards in certain cases, such as personal injury pain and suffering, for example.
3. You should also ask the obvious question: what chances of success do we have for my case? This will apply to all issues of litigation from a personal suit that you file, to a defense in a criminal case. Its good to get some sort of statement in terms of odds, or a percentage chance of success for example 60 percent or 20 percent, of what the outcome is likely to be. For other types of cases, such as planning your estate, you can change the question to relate to matters involving your projected estate plan which might include applicable estate taxes.
4. How often can you expect the attorney to make contact with you? A competent, respectful attorney should be in regular communications with his client to provide updates of the status of the case, even if there is very little to report. A regular monthly or weekly call, email communication, or letter will help to allay concerns, reduce apprehension and confirm hearing dates and times so that you don’t get disconnected from the legal process during a protracted period of time, which could be weeks or even several months.
5. What can I expect to happen as the case unfolds? Your Lawyer should be able to provide you a with a clear outline of what to expect as things begin to happen. Some types of cases are of such a nature that they might require a few meetings with the attorney himself to clarify strategies, or to look closer at issues. Other attorneys might demand court appearances from your adversary and deposition sessions of witnesses. Get an overview of the timeline of projected activities so you can be prepared ahead of time.
After comparing the various attorney's responses to your inquiries, you'll be in a much better position to pick an attorney who will work in a way that most effectively to protect your interests.
