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Choosing the right lawyer also depends on the problem you have. The right lawyer for your real estate problem may not be the right lawyer for handling a car accident.
We hope this section will provide you with a starting place to help you select the right lawyer for your problem.
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PERSONAL REFERRALS - NOT ADVERTISEMENTS
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One of the best methods of finding a lawyer is by personal referral. If you have friends or relatives who have had a good relationship with a lawyer, start there. But this is only a start. Once you contact the lawyer you are referred to, you must still find out whether this particular lawyer is the right one for you and your problem. If the referred lawyer doesn't handle your type of problem, he/she can refer you to another lawyer who can. This word-of-mouth referral is the best way to find a lawyer.
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BE CAUTIOUS OF ADVERTISEMENTS
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Until 1977, when the United States Supreme Court issued its decision in Bates v. State Bar of Arizona, lawyers were not allowed to advertise. Prior to Bates, it was believed that any form of advertisement, no matter how carefully it was prepared, could be unintentionally false, misleading or deceptive because providing legal services is so complicated. Now, lawyers can advertise and many do in many different ways. You've seen ads on television, in the newspaper, yellow pages and now on the internet. Because advertisements are written by the person advertising, they can say anything; and most importantly, because legal advice is so specific to each case and problem, and the law is so complex, no ordinary advertisement can possibly provide accurate information about the services offered--there just isn't enough time or space to do this in an ad. If you must find a lawyer through advertisement, you can take some precautions to make certain that the lawyer you found through advertisement can handle your case. Below are some tips on what to ask a lawyer before hiring him/her. Remember that this is your legal problem that needs attention. In your first meeting, even though the lawyer is trying to decide if he/she may want to represent you, you are trying to decide whether you want this particular lawyer to represent you. You are both being interviewed at the same time.
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RESEARCH YOU CAN DO BEFORE SEEING THE LAWYER
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A lot of public information is now online, or accessible to the general public. Below is a list of possible resources you can consult to conduct some initial investigation about the lawyer before you even call the lawyer for your initial consultation. Yes, it takes some time, but isn't your problem worth it?
- Contact the state bar association to determine that your lawyer is in fact licensed to practice law. You can also find out past disciplinary action through the bar association.
- Research court files to see what kinds of cases the lawyer has handled. You can find out who the parties were and opposing counsel--both of whom may be good sources for finding out if the lawyer may have the competence level and experience you want in a lawyer. Some courts are online. For example, some of the California appellate courts have placed their docket information online and you can conduct a search by attorney's name in a particular district and find out what cases the lawyer has handled on appeal in that district. Some courts have party and attorney information on microfiche or local computer databases that can be searched at the courthouse.
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CONSIDERATIONS FOR YOU TO EVALUATE
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Once you have decided to consult a particular lawyer, you should keep in mind some considerations to evaluate your first interview.
- Are you comfortable with the lawyer?
- Did the lawyer listen to what you had to say?
- Do you understand the lawyer?
- Is the lawyer comfortable and eager to help you understand the issues and legal process? If you do not understand the lawyer in your first meeting, don't expect things will change dramatically as you case progresses.
- Did the lawyer explain that your communications with the lawyer are completely confidential?
- Has the lawyer given you instructions about discussing your case with others? It is important to understand how your actions and what you say to others may affect your case.
- Did the lawyer explain the nature of the attorney-client relationship?
- Did the lawyer explain to you the difference between his/her role and your role as client? As a client, you have the right to make the final decisions that affect the outcome of your case. Your lawyer is there to point out options, and the consequences of the options, to guide you and make recommendations. Your lawyer may make final decisions that deal with procedure--how the case progresses--so long as it doesn't affect the ultimate outcome of the case or change your rights.
- Were your contacts with the office staff pleasant? During the course of your case, you will probably have frequent contact with the office staff. You would want your relationship with the staff to be pleasant so that you can work with them.
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QUESTIONS TO ASK THE LAWYER
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Once you have decided to consult a particular lawyer, you should keep in mind some considerations to evaluate your first interview.
You should not be afraid to ask the lawyer anything you want. Your first meeting is completely confidential even if you do not end up hiring the lawyer.
- How long has the lawyer been practicing law in your physical location (state, county, city)? You will want to know how familiar the lawyer is with local practices. Some lawyers began practicing in one state and moved to another state. Sometimes different parts of a state will have very different rules about how things are done in the courts. You would want to know if the practice was primarily in federal or state court, and in which court your case would be handled.
- How long has the lawyer been practicing law? A lawyer practicing 25 years will have more experience than a brand new lawyer. However, a brand new lawyer may have more enthusiasm. Don't discount a new lawyer just because he/she is new--you should pay less for a new lawyer, and expect some free time while the new lawyer is learning things that a more experienced lawyer may already know.
- How many cases involving the kind of problem you have has the lawyer handled the past? Over what period of time? A lawyer who has handled several cases in the same area is, of course, more familiar with the law that applies in a given case. However, keep in mind that each case is actually different from every other case and the same set of laws may be applied differently in your case than in any other case previously handled. Also, if a lawyer has handled say 10 cases of your kind, but over a 30-year period and the last one was 15 years ago, you might want to ask more questions about how familiar the lawyer is with the current state of the law in the area. The law changes almost daily, and dramatic changes can occur over a period of months, and certainly years.
- Does the lawyer have time now to give attention to your case? Sometimes a lawyer may take more cases than he/she can handle given the current staffing of his/her office. Since you want your case to be given adequate attention, it is not unreasonable for you to ask questions about the attorney's workload. However, bear in mind that just as you would not want the lawyer to talk about your case with his other clients, don't expect the lawyer to give you too much detail about his/her other cases. However, you should be able to obtain a fair feel for what the lawyer's calendar is like--is he/she in trial or depositions for the next several weeks? Is the lawyer going on vacation soon?
- What immediate attention does the lawyer plan to give your case? Some cases do not need immediate attention, while others do. You may have an expectation of wanting immediate attention but the lawyer has already determined that your case does not have any urgency. You need to clear this up right away so that you do not walk away with unrealistic expectations. If you and your lawyer are not on the same page, you will almost instantly begin your relationship on a bad note.
- To what extent does the lawyer delegate duties to his staff? Other lawyers in the office? Paralegals? Secretaries? Law Clerks? There is nothing wrong with a lawyer delegating some of the work--in many ways this delegation saves you money and often the person actually doing the work may be very good at it. You just need to be comfortable with how your case will be handled and you should probably meet those who may be working on your case so you can decide if you can get along with them.
- This list is short--because this is the web--but this list is designed to trigger in your mind the kinds of questions you can and should ask a lawyer. When you arrive at the lawyer's office for your first consultation, keep your eyes open and stay alert. If you see or hear something that makes you wonder--ask about it at the first meeting. Don't go home and think...geez, I wonder why....
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P.O. Box 34045, Truckee, California 96160
Tel: (530) 582-9877 | Fax: (530) 582-9856
17485 Monterey Road, Suite 102, Morgan Hill, California 95037
Tel: (408) 776-8561 | Fax: (408) 776-8671
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