How do I pick the right lawyer?

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One of the first things to consider is whether your problem is likely to result in going to court.  For example, having a traffic ticket is different than needing a will.  The first needs an attorney who is close to the courthouse (which will save you money) and the second can be done by any competent lawyer with experience in estate planning.

The best way is to ask your friends and family who they have worked with in the past and been happy with.  If that doesn’t yield some possibilities, go online and search for something like “auto accident attorney [name of town or city and state]”. That will give you some websites to look at.  Alternatively, many state bar associations have a list of attorneys that practice in various areas of law, so give them a call too.  If you get coupon mailers in your newspaper or through the mail, look there too.  You can often find discount coupons for legal services there.  Or at least someone who is likely to give you a free consultation.

Next, once you have a list of some likely candidates, start the interview process.  Remember, he or she is going to work for you, not the other way around. Have a way to take notes on what the answers are when you ask the following questions:

What experience do you have in this area? You might not need an expert, but the attorney should either have direct experience with your kind of problem or know a more experienced attorney s/he can associate with.

How long will it take? Realistic timelines can go a long way to relieving your stress about what is going to happen and when.  Be sure and ask how long, on the average, it takes to have an email or a phone message answered.

What are my chances of a favorable outcome? A good outcome depends on a lot of things so no ethical attorney can ever guarantee success. That said, the response to that question will help you decide how much time and money you are willing to spend and whether the likely outcome is something you want.

What will you need from me? If you are filing a bankruptcy, for example, you will need to gather various documents and answer quite a lot of questions.  If you know what you need ahead of time, it will make your case go much smoother – no matter what kind of problem are dealing with.

What should I expect to pay? This is critical information.  Some attorneys work on flat fees whenever possible, others require an amount up front as a retainer and may ask for more as the case progresses.  You need to be very clear regarding what will be expected of you financially before you hire a lawyer.

If the fees look too high, ask what can be done to lower the cost.  For example, would the attorney be OK having someone you know serve court papers instead of hiring a process server?  Or can you do some legwork like obtaining documents from the courthouse?  The more work you can do yourself, the more money you can save.

If you are reasonably confident in being able to do some of your own work, ask if the attorney can provide limited representation and coach you through the case.

Do I have to go to court? Court should be the last resort.  Ask about alternatives like mediation or arbitration. They can often save you considerable money.  For some cases, like bankruptcy or a traffic ticket, a court appearance is usually necessary, but for many non-criminal matters, mediation or arbitration is often a good way to go.

If the interview has gone well so far, then make sure the following factors are present.  If not, find another attorney to handle your case.  A caring and competent attorney will:

1.  Answer your questions with a straight, clear answer.

2.  Treat you with respect.  He or she should remember that “customer service” is at the top of the list.

3.  Return your phone calls or emails within 1 business day.

4.  Be someone you feel comfortable with.  Your attorney should make you feel calmer and more confident that everything will be OK, no matter what the outcome.

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