WASHINGTONb, April 7, 2012 – How do you know you have the right attorney? What are your rights in a given situation? Will you be protected, guided properly and will everything involved be considered before actions are undertaken? Finding legal help today can be challenging. And certainly, legal help can be expensive.
Part of the initial challenge in finding an attorney comes from simply not knowing where to begin your search. Worse, the expense concern makes this process even more daunting, given the likelihood of high retainer fees or hourly rates. If you are looking out for your personal or your family's needs, here are some thoughts to help you.
1. Keep family or friends out of the legal advice arena. I love the expression "you don't know what you don't know." Family and friends don't know what they don't know. Supplying you with incomplete or outright incorrect information can be dangerous. Your circle of friends and family may be great for socializing and getting everyday opinions on some things, but not for legal advice. Most people do not know the law, how to legally solve an issue, or the consequences of actions or omissions in the process.
Everyone has an opinion; however, when it comes to protecting you legally, as well as guiding you, your family, or your business, you need more than a family opinion. Family advice might be well intended. But unwittingly, it may prove to be very harmful. You need an independent attorney to address your particular issue, whether trivial or traumatic, so you can obtain the proper legal advice.
2. Stay away from on-line document preparation services. These normally do not allow for a complete exchange of information and may lead to imperfect results that may not fulfill your actual requirements. Documents produced in this manner may address your specifications. But if you have not been asked proper questions, or if you do not know everything involved, what is produced will be incomplete and could result in problems later because something crucial was not considered.
An example might be a simple Partnership Agreement for the formation of a small business. Without provisions in the Agreement about what happens if a Partner dies, you might have significant problems if that occurs. If you do not know to include a "death of partner" provision, the on-line preparation service's questionnaire might not either. Then, you are without an important part of the Agreement, and left with potential problems later on.
Having an attorney will cost you more than using the on-line method, but the cost is worth it. You should not do your own brain surgery.
3. Find an attorney with a specialization or concentration in the area of law in which you need sound advice or legal help. Attorneys specialize similarly to doctors. You would not talk to a foot doctor about heart issues or a pediatrician about your aging parent's memory problems. As clearly obvious as these examples sound, you may be doing the legal equivalent by speaking to the wrong attorney.
4. When looking for an attorney, ask family and friends (now is the time to involve them) if they know a good one. Call the local bar association for the names of competent attorneys. Go to your computer and access any search engine, then type in the "key word" in the area of law of your concern. As an example, you might type in "personal injury attorney, XYZ city, state" to find someone in that field, locally.
Yes, lawyers can be expensive. Ask the attorney before you hire him or her how they will charge you. Ask for an estimate of the total fees that will likely be involved. Ask if the attorney will allow a few minutes for a free consultation. Ask the attorney about his or her experience. Notice if you get through to the attorney or if staff blocks your access. There is nothing wrong with staff addressing your routine questions, but if you want to talk to the attorney, you should be able to do so.
Types of Fees.
Flat fees are routine for "one-time" legal service, such as representation in a courtroom for a traffic or criminal offense, or for the preparation of documents, such as a contract or a will.
Hourly fees are normal for matters that will involve continuing services, such as representation in a divorce or custody matter, or for business lawsuits. Often attorneys will ask for a "retainer" up front; this allows them to collect their fee as they do the work, and it protects them in the event you decide not to pay them. As the retainer is used up, the attorney will ask for another retainer.
Contingent fees are usually charged for injury matters, such as automobile collision cases, where the attorney will receive a percentage of the total recovery when, and only if there is a recovery for you.
Knowing how fees are charged and collected is an important part of the process. Having this information will allow you to compare attorneys and then make an informed decision. Note that the least expensive attorney is not always the best. Hourly fees tend to increase with the attorney's level of experience. My advice is to take your time with a decision and ask questions. Spending money on legal matters may be difficult, but the results will be worthwhile and will end up protecting you and probably saving you money.
Paul A. Samakow is an attorney licensed in Maryland and Virginia, and has been practicing since 1980. He represents injury victims and routinely battles insurance companies and big businesses that will not accept full responsibility for the harms and losses they cause. He can be reached at any time by calling 1-866-SAMAKOW (1-866-726-2569), via email, or through his website. He is also available to speak to your group on numerous legal topics. Paul is the featured legal analyst on the Washington Times Radio, on the Andy Parks show, on Wednesdays at 5:15 P.M., and he is a columnist on the Washington Times Communities.
His book The 8 Critical Things Your Auto Accident Attorney Won't Tell You is free to Maryland and Virginia residents and can be obtained by ordering it on his website; others can obtain it on Amazon.
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