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Frequently Asked Questions
1. How do I locate an attorney for my particular legal problem?
Friends, neighbors, or relatives are an excellent source for locating an attorney for your particular legal problem. Even if such advice or recommendation is available, you should question the attorney as to how often he or she has handled cases similar to your case.
For
example: How long have you practiced law? How
many automobile collision cases have you handled?
How many involved bodily injury? If
the case involves death, how many wrongful death cases have you handled?
You should be attempting to locate a trial lawyer and preferably one who has limited his or her practice to a particular area of practice. A lawyer who seldom appears in court may not be your best choice. The attorney should have substantial experience in the area of your inquiry and should be able to discuss with confidence questions about insurance issues, legal procedure, costs, attorney’s fees, etc.
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2. In what courts are you authorized to practice?
The attorney should be
able to immediately identify each court and define the difference if asked.
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3. Is your law practice limited to a specific geographic area?
The attorney should clearly identify the geographic area of his or her practice. Some attorneys confine the practice of law to their home county or metropolitan area. Others will travel throughout their state of license or even outside their state.
If
the attorney is willing to travel to an area some distance from his office
location, inquire how often this has occurred and what kind of cases were
involved.
If
the case is out of state, inquire how often the attorney has practiced out of
state. Have the attorney identify
which states he or she has practiced in and what kind of case was handled.
Out of state cases present special considerations for an attorney. An attorney practicing outside his or her state of license must have approval of the court where the case is filed and must associate local counsel licensed in the state where the case is to be filed.
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4. Do you charge to consult on a legal matter? If so, how much do you charge?
It’s always best to
know the answer to this question before appearing for a consultation.
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5. How much do you charge to handle my kind of case?
Attorneys
handle legal matters based on an hourly rate, such as $100.00 per hour, or a
flat fee to handle the case from start to finish.
A third way is to make a contingent fee agreement with the client which
simply means that if no recovery is made the client does not pay the attorney,
but if a recovery is made the attorney will take a percentage of the recovery.
Contingent fee cases are confined to a small portion of legal matters.
No
matter what the arrangement with the attorney, always insist on a written
agreement. In fact, in many kinds
of cases most state bar associations require the agreement to be in writing.
This may be done in several forms and include a letter of engagement with
both parties signing the letter or a contract signed by both parties.
Whatever the form of the agreement always obtain a copy for your
records.
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6. Will there be other costs above and beyond legal fees?
All cases which are
filed in our judicial system will incur costs such as medical record copies,
courier fees, filing fees, depositions, court reports, expert witnesses, lay
witnesses (all witnesses are generally required to be paid to attend court even
though it may be a nominal amount), etc. Your
agreement should clearly spell out which party will be responsible and what
arrangement is made as to how the client is obligated and when the client is
obligated. If any questions arise
about what an individual cost may be, ask that question in the initial
consultation rather than later after the expense has been incurred.
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7. How long has your staff been employed with your law firm?
This question is often a good indication of the ability of the attorney to get along with people. All offices or businesses have turn over, but a long relationship with an employee speaks volumes about the attorney you are interviewing. For example, I have been practicing law as of January 2000 fourteen years. My paralegal and I have been working together for twelve years as of January 15, 2000. Our relationship works and clients see this at our first meeting.
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8. How long have you been in your present location?
A lawyer that moves every year may be less stable than one in a location for a longer period time. Of course all of us must consider economic conditions when deciding on lease or purchase arrangements, but an attorney in one location seems to suggest stability.
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9. In what associations are you a member or hold a position?
Some states require attorneys to be members of the state bar association and some have taken the position that membership is voluntary. This information may be important to your decision.An attorney who maintains membership in the American Bar Association or local bar associations may indicate the attorney subscribes to the ethical conduct and disciplinary rules established by such organizations. As well, an attorney that maintains membership in professional trial associations, whether civil or criminal, may indicate that attorney’s dedication to trial advocacy as these type organizations often provide continuing legal education in specific areas of law.
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Continuing
legal education is an important aspect of a law practice.
Most states mandate continuing legal education on a yearly basis, but
dedicated trial lawyers generally exceed the state requirement.
In fact, many work towards attainment of a designation by colleges
providing education and training in trial advocacy.
One prominent organization is the National College of Advocacy which was established by the Association of Trial Lawyers of America. Designations conferred by this college require a certain amount of National College sponsored continuing legal education and the completion of a certain number of trials or contested matters to be granted a designation through the National College of Advocacy.
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Created By Brian Green.
Copyright © 2000 Richard Alexander Law Firm . All rights reserved.
Revised: February 28, 2001
.