Choosing A Lawyer and Understanding Attorney Billing

Where do you start in choosing a lawyer? The guidelines in “The Basics: Choosing A Lawyer and Understanding Attorney Billing” can help you feel more secure in selecting someone to take your case. Knowing what to look for and what to ask gives you the best chance at a successful, financially sound outcome.

How do I find the best lawyer?

Ask people you trust for recommendations. Get a few names, and then Google those names to make sure you are aware of everything publicly available about those lawyers. Also, use the Avvo.com rating resource to find attorneys by location or by their areas of experience. (Avvo is short for “avvocato,” the Italian word for lawyer.) A lawyer’s experience, reviews, publications, discipline and more go into the rating, so this is a tool worth considering. Also explore Martindale.com, the country’s oldest and perhaps deepest attorney database, which takes into account reviews by clients and peer attorneys in rating lawyers.

Always check a lawyer’s standing with the state bar, which regulates the profession. Make sure he or she is licensed and in good standing. Knowing an attorney was previously suspended for three years is something you want to know before you hire, not after you’ve had an issue yourself.

Explore whether the attorney you are considering has any board certifications, such as immigration or construction. Knowing an attorney has been vetted, has relatable experience and has passed tests on the issues pertinent to your case is worth consideration.

What questions should I ask a prospective lawyer?

Do you specialize in this area of law?

If so, that means you won’t have to pay a lawyer to learn things that are important in your case. For example, a board-certified lawyer focused on construction cases understands the issues relevant to your construction case. It takes time, which translates to your money, for a lawyer to get up to speed on an issue.

How much of your practice is devoted to this area of law?

How many cases like mine have you handled? The result in your case might not be the same, of course. But you should know whether your attorney or law firm is recently familiar with the area of law your case involves.

Who will I be working with?

You should be comfortable and acquainted with those who have a role in your case. Finding out you have been handed off to an associate isn’t always a bad thing, but you need to know what to expect. Know who would be working on your case and meet them in person.

How do you communicate with your clients?

Many lawyers communicate via email. However, many very good lawyers are old school, and dictate letters to be typed and sent. Is a strict 9-to-5 in play or is your attorney available for a 6 pm call? You need to know what to expect and whether that meets your needs.

How and how often will I be billed?

Ask for estimated fees and a frame of reference for costs. Yes, these will be rough estimates based on assumptions, but it certainly helps to know whether to expect $5,000 or $105,000 in fees.

What are the strengths and weaknesses of my case?

This will give you from a lawyer’s perspective the things that will help your case, as well as the issues that may sink it. Be concerned about any lawyer that definitively promises you a win. Asking “How many cases have you won?” isn’t helpful. This number could be high based on settling cases before they go to court. Or the percentage could be low due to a purposely low caseload. A win-loss record by itself is a dangerous litmus test to use in evaluating a civil lawyer.

What are the different ways to pay a lawyer?

Most attorneys charge clients an hourly rate. The more time they spend on your case, the more they stand to make. Hourly rates can vary widely, and there’s a perception that the higher the rate, the better the lawyer. However, many good lawyers charge lower rates, so this alone is not a barometer of quality.

Some attorneys charge on contingency, which means they take a percentage of what is recovered in your case. Still others charge through a hybrid system: a lower hourly rate with a bonus that is based recovery.

Not many lawyers charge a blanket flat fee, because litigation and expenses are unpredictable. But certain tasks, such as drawing up or negotiating a contract, can indeed be charged as a flat fee. Certain segments of your case – writing a demand letter, filing a complaint, serving discovery – could be negotiated for a flat fee. This eliminates you having to wonder how much time is going to be spent and how much you will get billed.

A retainer is money paid in advance of a lawyer’s services. Most retainers are a month or two of work. If you approach a lawyer with a substantial case that requires extensive work be done, the retainer will be higher than for a smaller case. Be aware of the policy on any unused portion of a retainer; you don’t want to lose money but can if the retainer is non-refundable.