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Choosing a a lawyer can be a confusing process. The information below has been compiled from many different state bar associations and should help you understand the basic principles of choosing. |
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What Exactly is a Lawyer? |
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Lawyers are known by many different names, such as attorney, counselor, solicitor, and advocate. Lawyers go through |
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When Do I Need an Attorney? |
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When you need a lawyer depends on your individual situation. Generally, you should consider contacting a lawyer regarding events such as: |
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- Personal Injuries or Accidents You may require the service of a lawyer when either you have injured another (personal injury or property damage), injured their reputation, intentionally or by accident, or someone has done one of these things to you. Common types of lawsuits in this area include motor vehicle accidents, destruction of property or libel or slander.
- Family Matters, Marriage, Divorce or adoption. The marriage of two people creates a legal relationship with certain rights, duties, and obligations. Some individuals may wish to make an agreement prior to entering into marriage of how their assets will be distributed in the case of a divorce. This is not unusual in the case of a second marriage where each party may bring assets to the marriage which they wish to protect. Likewise, when a marriage is over, there are economic, emotional and legal impacts upon your life of which you should be aware. A lawyer can help advise as to the rights of each party in those situations.
- Any large or important changes in your financial status.
- Sale or Purchase of real or personal property. Buying a home is by far the most common reason that people across the country hire a lawyer. It is the largest single investment most people will make. Legal issues involved in the purchase of a home include the language of the contract, the obligations and rights of the buyer and seller, and what happens in the event that the deal falls through. If you choose not to have a lawyer at the closing, you may risk having no one present to protect your interests. The other parties, such as the title company or Realtor, are there to perform their functions and protect their interests.
- Business transaction and contracts. In any business transaction, there are often numerous documents which you are required to sign. These documents often subject individuals to terms and conditions which may be difficult to understand. A lawyers is best suited to helping you determine your rights and obligations in any business transaction or contract. Some examples where a lawyers may be necessary and at the very least helpful are: Borrowing money; Buying a car; Forming a business or corporation; Contracting to perform a service or have a service performed for you; Signing a lease or purchase agreement for a home or apartment; Insurance forms.
- ANY Civil Lawsuits Filed Against You.
- Crimes and Criminal Charges A lawyer's skill can be useful in the area of criminal law. In every step of this process, you have legal rights you will want to make sure are protected. If you cannot afford a lawyer and there will be serious consequences to you if you are found guilty, you may qualify for the appointment of a Public Defender. Many individuals are exposed to criminal law through the municipal courts when they are charged with criminal and quasi~criminal offenses including speeding, drunk driving, driving with a suspended license, possession of drugs under fifty (50g.) grams, shoplifting, trespassing, etc. If the crime with which you are charged is even more serious, it may be handled by the Superior Court in the county in which the offense occurred.
- Estate Planning or Upon the Death of a Friend or Relative. While it is true that you can obtain do-it-yourself kits with printed form wills, power of attorney and living wills, be careful in using these forms. You must understand what your rights are before you sign any document. Generally, for the complicated trust or estate plan, the charges will be more significant. If you choose not to have a will, you should understand that your possessions will pass according to law and not your specific wishes. Having a will allows you to dispose of your property the way you see fit, to specify who you want to take care of your estate and, if you have children, specify who you wish to be their guardian. A lawyer can also help with the court proceedings necessary to dispose of your assets and liabilities.
- Appearances, applications, and appeals before government agencies or boards. These include administrative agencies such as the Division on Civil Rights, Unemployment, Social Security, Worker's Compensation, Disability, EEOC, etc.
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When faced with such events, the sooner you see a lawyer, the better. Many people complicate their problems or cause further problems simply because they fail to contact a lawyer in time. Exactly WHY do I need a lawyer? Can't I handle this on my own?
Because our laws are written to protect the rights of everyone, our legal system is complex. It contains thousands of federal, state and local statutes and ordinances plus countless precedent-setting legal decisions. A lawyer is your guide and counselor In legal matters. In a typical case, a lawyer moves in a careful step-by-step process that may include: |
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- Conferring with clients to pinpoint the problem at hand.
- Gathering and analyzing of all available facts and information.
- Interviewing those involved In the case.
- Studying applicable laws and previous court decisions.
- Preparing legal arguments for presentation to the appropriate court.
- Negotiating a settlement If both sides can reach an agreement.
- Presenting a client's arguments before the court.
- Appealing the decision of the court if a client's case has been rejected.
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OK. I think I need a lawyer. Now, what about legal fees? |
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The time, study, experienced skill and careful attention which a lawyer devotes to your problem are his stock in trade. A lawyer Invests thousands of dollars In his education, staff, books and journals rent, insurance, and many other operating costs. Consequently, a lawyer must set a reasonable charge for his services to recoup his investment and earn a fair salary. Legal matters vary widely. No two cases are exactly alike. Thus, a lawyer's fee depends upon a variety of factors. Some of the factors involved are: |
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- The amount of time and labor spent on your problem. To a lawyer, time is money. Most lawyers keep very careful records of the amount of time they and members of their staff spend on your case. Different attorneys rate their time differently depending upon their experience, training. skills, and workload.
- Ability, experience and reputation are important factors in determining a lawyer's fee. If he is well known as an exceptionally able lawyer, his fee is likely to be higher. Professional people do not work on a competitive bid basis. Thus, the cheapest lawyer may not always be the best.
- Results obtained are often a factor In set ting a fee. Of course, unless a lawyer takes your case on a contingent basis, he will expect to be paid, win or lose. Results can never be guaranteed. Nonetheless, some lawyers will handle a lawsuit for money.y damages on the condition that they be allowed to take a percentage of the recovery if success is achieved. Under this contingent arrangement, a lawyer does not collect a fee if the case Is lost. The client must still pay court costs, however.
- Office overhead costs are another factor in setting the lawyer's fee. Remember, when you hire an attorney, you are hiring his entire office staff. Legal secretaries and other office help are highly paid. Usually. from 36% to 50% of the fee helps to defray office overhead.
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Wait. I have a few more questions about fees. |
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- Accident cases are usually handled on a contingent fee basis. These fees are set by Supreme Court rule and should be discussed by the attorney with the client.
- Wills and estate planning are Often accompanied by set fees. An attorney will usually draft a simple or short term wilt for a modest fee. Longer, more complicated wills involving marital deductions and trusts require higher fees.
- Divorce fees are usually the results of agreements between lawyers and their clients. Any reasonable fee may be agreed upon. Where considerable property and much legal work is involved in the divorce, the fees will be higher.
- Property transaction fees may very well be part of the largest single purchase you will ever make. In these cases, which involve examining the title and drafting agreements and other documents attending the closing, a flat fee or a percentage may be charged.
- Advice and counsel are subject to a fee. Remember that when a lawyer talks about "advice," he isn't referring to an offhand personal opinion. He is talking about a conclusion reached after careful analysis of the facts and the law and perhaps many hours of research work. Usually, the charge is on an hourly basis.
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I need a lawyer, but I have no idea how to choose one! |
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Choosing a lawyers if a serious task, but not a difficult one. GulfCoastLaw.com is of course, a great place to start. Choosing a lawyer purely on the basis of fees can be dangerous. Although "shopping around" for a lawyer is not generally recommended, you should be comfortable with your choice of lawyer, as you will most probably have to work very closely with them.
Friends Recommendation Friends and family who have used the services of an attorney or law firm and who have been satisfied with their services often are a good source of information when looking for a lawyer. Lawyers depend on good client relations and word of mouth reference for good business. However, you should not expect any type of guarantee just because a "friend" may have done well in their case - everyone's circumstances are different, and therefore so are the results!
A Former Lawyer Your former lawyer in a previous matter is often a good place to start. If he/she is not the right person for the type of matter you need representation for, they can often recommend a legal advisor for circumstances outside of their area of expertise.
Your State Bar Association Most State and County Bar Associations offer a Lawyer Referral Service. Your County Bar's referral service can often recommend a local attorney based your geographic location and on the type of case you have. |
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How do make sure that me and my lawyer have a good relationship? |
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Remember, good legal assistance Is not a one way street. You have to cooperate with your lawyer if you genuinely want him to help you. The attorney-client relationship is privileged and confidential, so you need not hesitate to take a lawyer Into your confidence. Here are some important tips to follow: |
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- Don't withhold Information from your lawyer. Give your lawyer an objective statement of all the facts and let him present them in your best interest.
- Don't expect simple or quick answers to complicated questions. Lawyers are justifiably cautious in drawing conclusions or answering complex legal questions. They know that the law is rarely an "open and shut" case.
- Keep your lawyer advised of all new development In the case. Your lawyer n.·needs this Information to make progress on your case.
- Never hesitate to ask your lawyer about any matter relevant to the case. But remember, lawyers are not psychiatrists, doctors, marriage counselors or financial advisors.
- Follow your lawyer's advice. Don't work against your lawyer. In contested cases, the last thing a lawyer needs is a client whose lack of cooperation only serves to make matters more difficult.
- Be patient. Don't expect instant results. Trust your lawyer to follow-through on the case but don't hesitate to ask for periodic progress reports. You always have a right to know exactly what your lawyer Is doing for you.
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