With luck, you may go decades without needing to consult an attorney. But eventually you face a divorce or the death of a loved one or a dispute with a business associate, vendor, or neighbor. Or you find yourself on the receiving end of a summons and complaint. You realize the honeymoon is over, and it’s time to find a lawyer.
How should you choose one?
As with any other relationship, trustworthiness and good communication are key. You should look for a smoothly-running office: do you talk to a real person, and do you get a prompt return call? Once you decide to hire a lawyer, you should feel clear about the basic terms of the engagement: the services the attorney will provide, how those services will be billed, and how much the initial retainer will be. You should understand the deadlines that apply to your case and how much work will be expected of you.
The attorney should view you as an integral part of the legal team. You should receive copies of court filings along with your lawyer’s communications with opposing counsel. You should understand what the overall strategy is, and you should always have the right to change it. When you have a question, you should receive a call back within a reasonable time, even if only to tell you that the attorney is tied up in court and will need a few days to get back to you. Your attorney should be willing and able to explain the reasoning behind any recommendations they are making. If you or your attorney is unhappy with how your relationship is proceeding, you should be able to talk to each other about it and make a decision about whether to end the relationship.
Although the costs of litigation can be hard to predict, you should always know what has happened to the money you have paid to your attorney. Attorneys are ethically obliged to account for entrusted funds. If your lawyer is charging you a flat fee, or has taken your case on a contingent basis, you may not receive regular invoices. But if your case is billed hourly, you should receive frequent, detailed invoices that show what services have been rendered, what billing rates apply, and how much of your trust deposit remains. Your discussions with your attorney should include the risk/reward analysis that will allow you to decide whether the financial investment, the stress, and the time commitment make the matter worth pursuing. Your case may be strong, but the cost of proving it may outstrip any possible recovery. Sometimes choosing to settle early, or even choosing not to pursue a legal dispute, is the sanest move you can make; your attorney cannot guarantee the outcome of your case, but you should be clear on their analysis of the risk/reward.
The events that have prompted you to seek out an attorney are stressful; once you have hired one, you should feel that your case is being attended to and that you are in good hands. If you don’t feel that way, the odds are good that you need to make a switch.