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is difficult for the layman to know how to find a good attorney. The legal
profession is no different than any other profession as to having good,
competent and honest members as well as bad, incompetent and dishonest
ones. Unfortunately, only fellow lawyers and judges know which is which!
The primary
considerations in selecting an attorney should be whether the client feels
comfortable with the attorney selected and if he/she is confident that the
attorney is competent in his/her field of expertise. Do not be
intimidated by the attorney, you are the employer. Much depends upon an
individual's judgment, and many times an attorney is hired on the basis of
referrals from other individuals who have for one reason or another
experienced an attorney/client relationship as a result of work performed.
You must feel very comfortable with the attorney and must feel confident
that the attorney selected is the one who can capably handle your
needs. Depending on how much time you have, we would recommend that
you familiarize yourself with how the law works. We recommend that you go
to Jurisdictionary and learn about
the "Rules of Law" and how the system works. The more you
understand, the better prepared you will be! This is written in
plain English so that non-lawyers can understand what is going on.
Realize
that most lawyers are technologically impaired.
The main reason is that they are traditionalists by nature.
One indicator is that less than 1% of West Michigan lawyers have web
sites. They want to do business the way they always have. Research
books - not CDs and certainly not information online! Depending on
the type of law, you are paying by the hour. If the attorney does not have
a computer on his/her desk, ask him/her if he/she is computer competent.
They may be dealing with out of date information. Experience, as in any
profession is invaluable. However, if your case is dependent on current
information, then you better have an attorney with computer savvy.
Whatever happens, the attorney wins. They get paid - win, lose or
draw!
A local law firm
tries to warn you on TV about hiring an attorney. Any good attorney
will agree with the following statement.
The only thing worse than not having access to an
attorney is to have a bad one!
Some of the
questions that would be helpful to most individuals in selecting an
attorney include the following:
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Has the attorney
handled matters like this one before?
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Approximately how many matters like this has the attorney
handled previously?
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Does the attorney
specialize in the area of law in which the client is interested? (e.g.
Corporations, Contracts, Domestic, Criminal, etc.)
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How much does the
attorney charge per hour?
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How many hours does
the attorney believe it would take to complete the task?
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Does the attorney
object to the client obtaining information about the subject matter
before visiting with the attorney? If so, for what reason? (With the
advent of the Internet, this is becoming more prevalent as Doctors are
finding out!)
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How do they charge.
If a contingent fee, and what percentage does the attorney charge?
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Are there any
government licensing fees or filing fees for this type of work? If so
would they provide a documented list? |
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Are there any
statutory guidelines for this type of work?
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Does the attorney
provide the client with a written contract or a letter confirming
employment? If so, ask to see an example.
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Does the attorney
have any references?
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When did the attorney
graduate from law school?
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Has the attorney ever
been admonished or cited by an ethics committee? (They must tell you!)
If so, for what reason?
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Has the attorney ever
had any complaints filed against him? If so, for what reason?
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Has the attorney ever
lost his license and, if so, for what reason?
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Does the attorney
object to the client asking these questions? If so, for what reason?
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Does the attorney
(recognized by his peers for his expertise) receive referrals
from other attorneys relative to this particular area of law
(Corporations, Contracts, Domestic, etc.)?
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Is the attorney
licensed in any other state or has he/she ever been?
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Has the attorney ever
received any honors; if so, identify and describe the honors.
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Has the attorney ever
published? If so, identify the publications and area of publication.
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Has the attorney
worked with any other attorneys or firms to whom the client may be
referred for evaluation of an attorney?
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Does the attorney
refer work to other attorneys in other areas of the law where the
attorney is not an expert?
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Identify some of the
seminars the attorney has attended during the past several years and
what have been the areas or topics of discussion?
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Is the attorney computer literate? How and where does he do his
research (You pay by the hour)? Look and see if he has a computer at his
desk. Does he have to go to a Public Legal Library? How up to date is
the firms Legal Library if they are not online.
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How much experience has the attorney had in this sort of case? What
percentage of his Practice is devoted to this area?
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Will anybody help the attorney work on the case, and if so, who?
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How long will it take for the case to be resolved?
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If the client is not satisfied with a settlement offer, can you
insist on going to court?
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How often will you and the attorney communicate about the case?
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Can you call and expect a reasonably prompt response?
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How can you contact the attorney in case of an emergency? Does he/she
have a cell phone, Pager?
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Who can you talk to if the attorney is unavailable?
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How much will the case cost? Does the attorney absorb incidentals or
are they charged to you?
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What can you do to help the case?
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A client may think that
certain elements of the attorney-client relationship are more important
than others. For people with less money, attorney fees may be a deciding
factor. Clients who do not need to consider money as the primary factor
may wish to find an attorney who has the best reputation in the particular
field of law. Other clients may place a greater emphasis on personal
rapport with the attorney.
Have you had experience with this type of problem before? How
recently? How often? What was involved?
- What percentage of your practice is devoted to this kind of problem?
- Will you actually be working on my case? In what way? Will any other
persons be doing work on my case? What will they do? How will it affect
my fee or relations with you?
- Will you talk to me in plain English when I do not understand
"legalese"?
- Will you provide me copies of all documents and letters received or
written in my case? Will you treat this as an out-of-pocket expense or
will you want me to pay for it in advance? Will you allow me access to
my case file at your office?
- Will you keep me informed about all developments in my case? For
important things, will you allow me to make the final decision?
- Will you send monthly billing statements?
- Are you willing to submit any fee disputes to binding arbitration?
Remember: When you hire a lawyer, the lawyer will be working for
you. He or she should be genuinely interested in your problem and in
giving you the best possible advice. The lawyer may not be able to
accomplish everything you wish because of the facts or the law that apply
in your case. Many times a good lawyer will advise you to avoid court
action. A lawyer should be able to explain, in terms you can understand,
what he or she hopes to accomplish for you and how he or she plans to do
it.
Next, you may want to ask the lawyer questions such as:
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What are the strengths and weaknesses of my case?
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What would you advise me to do about my situation?
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Can a timetable be set for my case?
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If I hire you, what will you be doing for me, and when and how will
we get back in touch with each other?
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Is there a statute of limitations, or legal deadline in my case that
we must be careful not to miss?
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WHAT IF I AM NOT PLEASED
WITH MY LAWYER?
If you aren't happy with the way the attorney you've hired is
handling your case, you have the right to dismiss him or her and find
another. You will probably be responsible for paying for time and costs
associated with your case to that point, so it's not a step to be taken
lightly. That's also why it's important to read and understand any
contract for services you may have signed with an attorney to understand
what your financial responsibilities are if you decide to take your case
elsewhere.
For FREE consultation call (231) 689-6216 or Email Us to assist in your legal
needs!
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