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Where Do
I Start?
The very best source for finding a lawyer is by asking your own
friends and relatives. They will give you the most direct opinions
about lawyers they may have used in the past, and about whether a
particular lawyer might be well qualified to help solve your current
legal problem.
Otherwise, your local Bar Association may provide a referral. For a
modest fee, a referral is made to an attorney available to accept
cases of your type. NOTE: acceptance of these referrals does not
necessarily reflect any particular experience in that field.
How About Experience?
At the first interview, ask the lawyer whether they have handled
cases of this type. Ask them about the outcomes of these related
matters. How long have they been in practice? Doe they possess the
experience you require?
Is the Lawyer
Accessible?
Unless you’ve worked with a particular lawyer before, you can’t be
sure of how they will attend to your legal matter. One important way
to see how the lawyer operates is at the first telephone contact.
Did the attorney take the call? If the lawyer was unavailable, was
your call promptly returned or was a satisfactory explanation given
for any delay? Busy attorneys often delegate certain office duties,
including returning of routine phone calls, by is this type of
arrangement satisfactory to you?
Who is Responsible
for Your Case?
Often in a law firm, the attorney you first contact will not be the
one responsible for handling your case afterward. This could be to
your advantage since an attorney with special expertise may be
called in. Also, other attorneys or paraprofessionals in the firm
may bill at a lower rate, which could result in savings. Who will
handle your case? Make sure you approve of the arrangement.
Fee Agreements
Most lawyers charge a fee for an initial consultation, except in
certain limited types of cases. Lawyers are usually employed under
one of the three following fee arrangements:
-
Flat Rate. Here the lawyer quotes a
single fee or representation. Determine whether court costs and
out-of-pocket fees are included in this arrangement. This method
works best for routine legal matters, such as deed preparation,
simple wills, powers of attorney, etc. In most other legal
matters, it is impossible to forecast the amount of time needed
for completion of the project.
-
Hourly rate. Most lawyers have
established an hourly charge for their legal services, based upon
their proficiency and experience. These rates can range from as
low as $100.00 to over $400.00 per hour. Typically, this rate
applies to all services which the lawyer performs on your behalf,
including drafting documents and pleadings, court appearances,
meetings, reviewing documents, research, and even telephone calls.
Your lawyer should provide you with itemization for all charges
and for all outside out-of-pocket costs.
Most lawyers require that a certain
portion of their fees be pain in advance as a retainer. Ask what
is covered by the retainer and whether it has to be replenished as
it is used.
In an hourly rate fee arrangement, it is wise to request an
estimate of fees in advance. You might prefer to authorize fees up
to a certain limit in advance, with later approval required for
any greater amount. Don’t be afraid to suggest alternate fee
arrangements.
-
Contingent fee. This fee
arrangement permits a lawyer to undertake a case in return of
receiving a fixed percentage of the proceeds recovered by means of
settlement or verdict. This fee arrangement is most common in
cases involving personal injuries. Ask how the lawyer’s
out-of-pocket expenditures in developing the case are to be
reimbursed. Ask what happens if the law suit is unsuccessful?
Disputes
If you have a dispute with the lawyer over your fee, most local Bar
Associations offer some sort of mediation or arbitration procedure
for resolving the dispute. These procedures are designed to protect
clients against being charged improper fees.
One last item with reference to fees involves the firing of your
lawyer. If you fire your lawyer, you may still owe for work already
completed. If it is a contingent fee case, the lawyer may be
entitled to a portion of the final fee. This can often be worked out
when the file and materials are transferred to the new attorney. The
terminated lawyer has certain restrictions against holding up the
transfer of the file. If a lawyer threatens to restrict the transfer
of a file, particularly if there is impending activity in the case,
you may suggest that you’ll take it up with the disciplinary
committee. Each state has created a disciplinary system governing
the conduct of lawyers practicing within the state.
Conclusion
Don’t’ be intimidated by the attorney-client relationship. At the
very beginning, get the facts about handling your case. Your
lawyer is working for you!
Here at BROMBERG &
MILLER we strive to provide you with competent professional
services based upon a fair and equitable fee arrangement. Call
412-471-9710 for a consultation.
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