Hiring an Attorney: A Client's Guide

 

Cost is an important factor to many individuals who are looking for a lawyer.  This service refers callers to private market-rate attorneys only.  The following should help you understand the fees involved in hiring an attorney.

You should sign a retainer agreement when authorizing the attorney to work for you.  The retainer agreement is your contract with the attorney.  It should specify how you will pay (hourly rates, contingency and flat fees, or retainers) and the cost of various legal services (research, drafting of documents, filing fees, court hearings).  Read your contract carefully and keep a copy.

Attorney Fees:

Flat Fees:  The attorney provides a specific service for a specified fee.  This arrangement is most common in simple cases like the purchase of property or the preparation of a will or trust.

Contingency Fees:  The attorney is paid only when money is collected for you, usually a percentage of the amount recovered.  However, you will need to pay some costs “up front,” such as filing fees and court costs.  A contingency arrangement is possible only if you are seeking monetary damages.

Retainers and Hourly Fees:  The attorney often will ask for a retainer, or advance payment, before working for you.  The attorney will then subtract hourly fees from this retainer. You should receive itemized statements listing services provided and fees charged.

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• Represent you competently.  Your attorney should have the legal expertise to handle your case. The attorney should know the legal process and the law as it relates to your case.
   

• Keep you involved in your case.  You, not your attorney, must live with the outcome of your case. Your attorney’s role is to advise and recommend.  Remember, you must make the final decision.
   

• Remain available.  Your attorney should regularly inform you of your case’s progress. The attorney should return phone calls within a reasonable time. 
   

• Maintain your privacy.  In most cases your attorney cannot share facts from your case with others.  Ask your attorney for more information on attorney-client confidentiality.
   

• Make progress toward resolving your case.  Your attorney is employed by you to resolve your legal problems. You should expect your attorney to be making progress on your case.
   

• Practice law in an ethical manner.  If you have questions or believe your attorney is acting unethically, call the Lawyers Board of Professional Responsibility at 651-296-3952.

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• Be realistic.  Attorneys cannot work miracles.  They can only argue the facts as they exist. Ask your attorney what is a reasonable outcome of your legal situation.
   

• Be honest.  Tell your attorney every important fact. Your attorney cannot help you if you are not honest.  If you withhold facts you waste your money and your attorney’s time.
   

• Pay your legal fees.  Lawyer Referral provides only private market-rate attorneys.  You should expect to pay for attorney services, including phone calls, letters, drafting and reviewing of documents, and court appearances.
   

• Be a part of your case.  You have to live with the outcome of your case.  Let your attorney know what is an acceptable outcome.  Ask questions so that you understand the legal aspects of your case and the legal process.
   

• Respect your attorney’s time.  Your attorney’s time is your money -- use both wisely.  If you must cancel an appointment, notify your attorney in advance.  Put your questions in writing so the attorney can prepare answers ahead of time.
   

• Communicate with your attorney.  If you are not happy with your attorney, voice your concerns.  Remember, this person is working for you.  If a disagreement arises, first speak directly with your attorney to see if the matter can be resolved.

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