How to Hire a Lawyer ... Legal Representation ... How to Hire a Lawyer ... When the average person is faced with a legal problem, his or her most common initial reaction is to look for an attorney. The law is so complex that effective legal representation is best left to trained professionals. To avoid unnecessary costs and time delays, it is helpful to understand the way that attorneys work before hiring one. Many attorneys specialize in a particular area of the law. For example, some attorneys only work on criminal defense cases, or patent cases, or personal injury cases. Many law firms have several different specialists. Other attorneys may be capable of taking on more than one type of case. General practitioners offer representation on the widest assortment of cases, but even they do not agree to represent all clients. Attorneys decide what cases to take based on any number of factors. An attorney may have a personal preference for certain types of case, or she may be employed by a firm that has chosen to specialize in a certain area of the law. An attorney who is "of counsel" often holds a largely symbolic consultative position or is helping on a case but is not the principal attorney of record. Some attorneys work only as trial attorneys, and some attorneys do not do trial work. Because all attorneys do not handle all cases, a person in need of legal representation should determine what area of law is relevant to the dispute and seek an attorney who can and will represent him. Finding the right attorney for a particular case is not always an easy task for the layperson. For example, what may seem like a contract case actually may be a tort case, a malpractice case, or a blend of issues from a number of areas of law. One of the surest ways to find the right attorney is to consult a nearby general practitioner. If that attorney cannot represent the client, she can visually refer the client to an attorney who can. If the prospective client understands the nature of the case, he or she may consult any attorney reference source, such as the on-line service, West's Legal Directory Search Page. State bar associations offer attorney lists, as do the yellow pages of telephone books. The attorneys listed in these and other services provide, to varying extents, background information about firms and attorneys. Background information may include information about an attorney's professional history and specialties. Consulting lists or visiting a general-practice attorney are both good ways to narrow the field of potential attorneys. Attorneys also advertise their services, and they invariably identify the areas of law in which they specialize. A prospective client also may wish to consult friends and relatives for referrals. Once a client has made an initial list of prospective attorneys, she should consider a multitude of other factors. One obvious consideration is the location of the attorney. For the sake of convenience, most clients prefer to hire an attorney who lives close to the client's home or place of employment. If a client needs legal representation in a foreign state, he should seek an attorney who is licensed to practice in that state. An attorney may practice law only in those states in which she or he holds a license to practice. The licensing process varies from state to state. Most states only admit persons who have a degree from a law school approved by the American Bar Association and who have passed a grueling licensing examination called the bar exam. A few states have less stringent standards. Character committees in every state review the personal and professional histories of bar applicants to ensure that they possess the integrity to practice law. A client should feel free to check the qualifications, educational background, and professional history of an attorney. Fees A potential client should also consider finances. If a client's financial resources are limited and she does not face a devastating loss in a case, she may wish to consider an attorney who charges moderate fees. Even if a case poses the threat of financial destitution or, in a criminal case, loss of liberty, a client may prefer an attorney with moderate rates. The best representation does not always come from the attorney charging the highest fees. Nonetheless, attorneys operate in an open market, and an attorney's rates tend to reflect his or her reputation, resources, and previous success. Attorneys also vary in their fee arrangements. The most common forms of billing include flat fees, contingent fees, retainer fees, hourly rates, and variable contingent fees. Flat Fees. A flat fee is a dollar amount that the attorney and the client agree on before the attorney begins work. Many attorneys favor the flat fee because it is a simple transaction and because the fee is paid up front. The attorney identifies an amount of work that the case will require and calculates a reasonable fee based on the time and effort involved. If the attorney spends less time on the case than anticipated, he may keep the excess fee amount, unless he and client agree otherwise. However, if the attorney charges a flat fee and the case requires more time and effort than originally anticipated, the attorney may not later demand more money. Hourly rates. An hourly rate is a predetermined amount chargeable for the attorney's work. The attorney and client may agree that these fees be paid periodically or in one lump sum at the end of the case. The time that an attorney charges for legal work is called billable time, or billable hours. Hourly rates vary according to the attorney's expertise and experience. Some critics have argued that hourly rates discourage quick work and expedited resolutions. Before agreeing to payment of an hourly rate, prospective clients should ask for a written estimate of the number of billable hours that the attorney anticipates will be necessary for the case. Contingent Fees. A contingent fee represents a certain percentage of the recovery in the client's case. For example, a typical contingent fee might be about one-third of the recovery in an action for personal injury. Attorneys use a contingent fee when the client seeks money damages. Contingent fees cannot be used in divorce cases, child custody cases, and criminal cases. The client does not pay a contingent fee until she or he wins money damages from the defendant. An attorney will offer such a fee if the client stands a good chance of winning a sizeable cash settlement or judgment. Contingent fees are a gamble for the attorney. If the client does not win the case, or wins less than anticipated, the attorney may work for little or no pay. Contingent fee percentages vary from case to case. Common contingent fees range from 20 to 40 percent of the client's recovery. For personal injury and medical malpractice cases, laws in all states place limits on the percentage that an attorney may receive from a client's recovery. The law does not place a limit on contingent fee percentages for other cases, in which the figure is negotiable between the client and attorney. Sometimes an attorney will mix a contingent fee with a flat fee or an hourly rate. Another common practice is to base the contingent fee on a sliding scale. A sliding scale contingent fee provides that the attorney receives a high percentage of the client's recovery if the recovery is large and a lower percentage if the recovery is small. Retainers. A retainer is either a continuing flat fee or an advance on the fee owed for the attorney's services. Corporations and wealthy individuals usually use a continuing flat fee retainer. In return for a regular payment, the attorney agrees to be available to handle the client's day-to-day legal affairs. Most individuals do not have enough legal concerns to keep an attorney on retainer. The term retainer also refers to an initial fee paid by the client. Attorneys who charge an hourly rate usually use retainers, but some attorneys add an initial retainer to a contingent fee. Pro Bono. The term pro bono means "for the good." In practice, pro bono describes free legal work. Pro bono work is not required of attorneys, but courts occasionally appoint attorneys to represent an indigent client free of charge. Large law firms often perform pro bono work to contribute to their communities and create goodwill for the firm. Public legal services. Legal service organizations exist in all states to provide free or low-cost legal services to qualified persons. Legal service offices are funded by a variety of sources, including private businesses, individuals, and federal, state, and local governments. Most legal services offices specialize in certain cases. There are legal services for criminal defendants and legal services for civil matters such as landlord-tenant disputes, domestic violence, immigration, and family issues. Private legal services. Some organizations sell "legal insurance" for a fee. Legal insurance is a form of prepaid legal services. For a regular fee, the consumer receives certain legal services. These package deals may be offered through labor unions, employers, or other private businesses. Most legal insurance policies do not cover every possible legal dispute, and the consumer may not be entitled to choose the lawyer. The consumer should ask many questions to determine the exact scope and nature of the legal representation offered in legal insurance packages. Initial Meeting Once a potential client has made an appointment with an attorney, the client should prepare for the first meeting. The client should gather together all documents and evidence relating to the case and bring them to the first meeting. It may be helpful to both the client and the attorney if the client brings to the meeting a written, chronological account of the matter in dispute. A client may also compose a set of questions designed to help determine whether the attorney is right for the job. The following is a list of helpful questions that a person hiring an attorney may consider asking: How much experience has the attorney had in this sort of case? Will anybody help the attorney work on the case, and if so, who? How long will it take for the case to be resolved? If the client is not satisfied with a settlement offer, can she insist on going to court? How often will client and attorney communicate about the case? Can the client call and expect a reasonably prompt response? How can the client contact the attorney in case of an emergency? Who can the client talk to if the attorney is unavailable? How much will the case cost? What can the client do to help the case? A client may think that certain elements of the attorney-client relationship are more important than others. For people with less money, attorney fees may be a deciding factor. Clients who do not need to consider money as the primary factor may wish to find an attorney who has the best reputation in the particular field of law. Other clients may place a greater emphasis on personal rapport with the attorney. Still other clients may seek a certain type of attorney based on the nature of the client's desired representation. For example, if a client seeks an attorney to take to court a bitterly contested personal injury case, he may seek an aggressive, high-profile attorney who specializes in trial work. If a client needs an attorney to mediate a dispute or to represent her in arbitration, she may seek an attorney who is an adept negotiator. A client simply may need basic information about a particular law or an area of law. Basic legal information may be found in pamphlets and booklets distributed by state bar associations. Law schools occasionally offer legal services, and law libraries typically have ample legal information for the public. A layperson may be able to find answers to simple questions in a law library, but researching a complex issue, or the law on an entire case, is best left to the expertise of a professional. Small claims are a special matter. Small-claims courts exist in all states to hear claims for damages that do not exceed a certain amount, such as $5,000 or $7,500. Most small-claims courts do not allow attorney representation, and therefore parties must present their own cases. The court system distributes information on small-claims procedures to aid parties in small-claims cases. Some lawyers may give small amounts of information without charge. Information is different from advice. Advice is legal information given to a person along with a recommended course of action. When an attorney gives legal advice, the attorney may be liable for malpractice if the advice is erroneous. Attorneys are hesitant to give legal advice, and expose themselves to liability, without charging a fee.

[Top] Legal Representation The legal work that a licensed attorney performs on behalf of a client. Licensed attorneys have the authority to represent persons in court proceedings and in other legal matters. Many persons need an attorney to handle a legal problem or dispute at some point in their life. In most areas of the United States, there is no shortage of attorneys. With many attorneys to choose from, the task of finding the right attorney can be daunting. When hiring an attorney, a careful consumer considers a number of variables, including the nature and importance of the case, the attorney's fee and payment arrangement, personal chemistry with the attorney, and the attorney's reputation. Advertising Many attorneys advertise their services. Attorneys must obey all applicable advertising laws and must follow rules of professional conduct related to advertising. Under these rules they may not make false or misleading claims, create unjustified expectations, or compare the services of another attorney unless the comparison can be factually substantiated. An attorney may not make in-person or live telephone solicitations unless the attorney is related to the person or has a professional relationship with the person. An attorney may not contact a person after the person indicates a desire that the solicitations cease, and an attorney may not coerce or harass prospective clients. Aside from these and similar restrictions, attorneys generally are free to use the various media to promote their skills. Self-Representation If a case is simple, a person may wish to represent himself or herself, or proceed pro se. The courts usually discourage self-representation because legal practice requires special skills, and an unschooled pro se party is usually at a disadvantage in court. Even attorneys are well advised to hire another attorney for personal legal problems outside their area of expertise. Duties and Obligations Legal representation places duties on both the client and the attorney. The client should provide the attorney with all information relevant to the case and keep the attorney apprised of new information. The client should be completely honest about the case with the attorney. The client also should follow the attorney's directives. The client has an obligation to pay the attorney for the representation. If the client does not make timely payment, the attorney may decline to perform further work for the client. An attorney also may discontinue representation if the client wants the attorney to do an unethical or illegal act, the client lies and refuses to correct the lie, the client makes representation unreasonably difficult, or the attorney discovers a conflict of interest. Generally, a conflict of interest is any circumstance that adversely affects a client, or limits the loyalty of the attorney to a client. For example, assume that an attorney regularly represents a corporation. A new client seeks the attorney's representation in a suit against the same corporation. Representing the new client would be a conflict of interest. Generally, the attorney would not be able to take the case or continue representation after the conflict was discovered. However, the attorney may continue representation if she or he does not believe that the conflict would adversely affect the relationship with the corporation, and if both the corporation and the client agree to the attorney's representation. If an attorney must withdraw from representation, he or she must act to protect the interests of the client. This may involve helping the client find another attorney, postponing court dates, and surrendering papers and documents relevant to the case. The attorney must return to the client any money owed to the client under the fee agreement. Attorneys have many obligations to their client. Attorneys must zealously defend the interests of the client and respond to the client's concerns. They must communicate with the client and work diligently on the client's case. They must keep the client informed about the status of the case and explain developments so that the client can make informed tactical decisions. They must abide by the client's decisions regarding the objectives of the representation. With few exceptions attorneys may not divulge client communications to outside parties without the client's consent. Attorneys are officers of the court, and as such they must follow the law and obey ethical constraints. They may not harass persons in the course of representation. They may not assist a client who they know will not tell the truth about the case. Notwithstanding many fictional situations, an attorney should not begin a romantic affair with the client during the course of legal representation. In most states such behavior is an ethical violation. No attorney in any state may perform legal services in exchange for sexual relations. Fees Attorneys' fees vary by attorney and by case. An attorney may charge a client in several different ways. The most common forms of billing include flat fees, hourly rates, contingent fees, and retainers. A flat fee is a dollar amount agreed to by the attorney and the client before the attorney begins to work. The flat fee is favored by many attorneys because it is a simple transaction and because the attorney is paid at the beginning of the representation. The attorney identifies the amount of work that the case will require and calculates a reasonable fee based on the time and effort involved. If the attorney spends less time on the matter than anticipated, the attorney may keep the excess payment, unless the attorney and client agree otherwise. Conversely, the attorney who charges a flat fee may not later demand more money if the case requires more time and effort than originally anticipated. An hourly rate is a predetermined amount charged for each hour of the attorney's work. The attorney and client may agree that hourly fees are to be paid periodically, or in one lump sum at the end of the case. The time that an attorney charges for legal work is called billable time, or billable hours. Hourly rates vary according to the attorney's expertise and experience. Some persons suspect that hourly rates discourage quick work and expedited resolutions. Before agreeing to an hourly rate, prospective clients should ask for a written estimate of the number of billable hours that the attorney anticipates will be necessary to complete the matter. A contingent fee is a percentage of the amount recovered by the client. A contingent fee is not paid by the client until the client wins money damages from a defendant. Attorneys offer such a fee if the client stands a good chance of winning a sizable cash settlement or judgment. Contingent fees cannot be used in divorce cases, child custody cases, and criminal cases. Contingent fees are a gamble for the attorney. If the client does not win the case or wins less money than anticipated, the attorney may work for no or little pay. Common contingent fees range from 20 to 40 percent of the client's recovery. For personal injury and medical malpractice cases, laws in all states limit the percentage that an attorney may receive from a client's recovery. For other cases the percentage is negotiable by the client and attorney. A client may retain an attorney for a specific period of time rather than for a specific project. In return for regular payment, the attorney agrees to be on call to handle the day-to-day legal affairs of the client. Most individuals do not have enough legal matters to keep an attorney on retainer. The term retainer also refers to an initial fee paid by the client. Retainers often are used by attorneys who charge an hourly rate, and some attorneys add an initial retainer to a contingent fee. Pro Bono Services The term pro bono means "for the good." In practice pro bono describes legal work performed free of charge. Pro bono work is not required of attorneys, but courts occasionally appoint attorneys to represent an indigent client free of charge. Under Rule 6.2 of the ABA's Model Rules of Professional Conduct, a lawyer may refuse an appointment, but only if: (1) the appointment would somehow violate another rule of conduct (such as conflicts of interest) or law; (2) the appointment would unreasonably burden the lawyer; or (3) the lawyer finds the appointment so repugnant that he or she would not be able to effectively represent the client. Attorneys often perform pro bono work in order to contribute to their community and create goodwill for the firm. Public Legal Services Legal services organizations exist in all states to provide free or low-cost legal services to qualified persons. Legal services offices are funded by a variety of sources, including private businesses, private individuals, and federal, state, and local governments. Civil matters such as bankruptcies, divorces, and landlord-tenant disputes are handled by legal aid agencies. Criminal matters are handled by state public defenders. Private Legal Services Some organizations sell "legal insurance" for a fee. Legal insurance is a form of prepaid legal service in which the consumer pays a premium to cover future legal needs. Such a service may be offered through labor unions, employers, or other private businesses. Most legal insurance policies do not cover all types of legal matters, and the policyholder may not be entitled to choose her or his lawyer. The consumer should determine the scope and nature of the legal representation offered in legal insurance packages. Other Considerations If a client does not believe he or she has received competent legal representation, the client has several options. In a criminal case, if a convicted defendant believes he or she received incompetent representation, the defendant can address the issue on appeal, and the appellate court may reverse the verdict. If a client believes that an attorney has committed misconduct, the client may contact the board of professional responsibility in the state in which the attorney practices. If an attorney is found to have violated the law or the applicable professional conduct code, the attorney is subject to discipline by the board. Discipline can range from a reprimand to revocation of the attorney's license. In some states if an attorney and client have a dispute over fees, the attorney may place a lien on the client's money or personal property. There are two types of attorney liens: a retaining lien and a charging lien. A retaining lien gives the attorney the right to retain money or property belonging to the client until the client pays the bill. The attorney does not have to go to court to do this, but the judge may order a hearing at the request of the client to determine whether the attorney has good reason to keep the money or property. A charging lien gives an attorney the right to be paid from the proceeds of a lawsuit. For example, if an attorney charges a client a contingency fee and the attorney wins a large monetary award for the client, the attorney is entitled to a predetermined share of the award. Generally, the attorney may keep a certain amount for services rendered even if she or he was fired. However, if a court finds that the client properly fired the attorney for misconduct, the attorney may not be entitled to any portion of the client's award.

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