How to Avoid Common Mistakes when Hiring an Attorney

Опубликовал Admin
14-11-2020, 08:40
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At some point, most people will need to hire an attorney. Whether you are looking for someone to represent you after you have been hurt in an accident or you are looking for an attorney to incorporate your business, it is important that you hire the right lawyer or law firm for the job. In choosing an attorney there are a variety of mistakes that you should try to avoid from the beginning, such as hiring an attorney who doesn’t call you back. By avoiding the common mistakes made when hiring an attorney, your case or business will benefit.

Searching for an Attorney

  1. Look for an attorney before you need one. It is almost inevitable that a small business will require the services of an attorney. One mistake that many people make is that they wait too long to find the right attorney. You should begin looking for an attorney before you have an immediate need for legal services. This allows you to conduct interviews and find the right fit without the pressure of a business or legal demand requiring an attorney’s attention.
  2. Do not rely on a family friend. Just because someone is a family friend does not mean that you should hire the person to be your attorney, even if the person offers you a discounted rate for his or her services. It is important that you choose someone who is experienced in the kind of law that you need and has time to focus on your case. If your family friend meets all of these requirements and you feel comfortable working with that person, then it would fine to hire him or her. You also need to consider the issue of confidentiality and how much you want your friend to know.
  3. Be wary of attorneys who guarantee victory. It is a mistake to choose an attorney who guarantees you a victory in your case. No attorney can promise you a victory, since ultimately a judge or jury decides the outcome of the case, but many attorney advertisements come close to doing that. If an attorney guarantees you a victory, you should investigate very carefully.
  4. Look for a specialist. All attorneys are not the same. When you are looking for an attorney, try to find someone who specializes in the kind of work that you need. When seeking a divorce, look for an attorney who handles divorce cases. If you need to file bankruptcy, look for a specialist in bankruptcy law. Don’t assume that one attorney is going to be good at everything.
  5. Find an attorney promptly when you need one. If you are involved in a tort case--medical malpractice, a car accident, an assault, negligence, etc.--most states require that you file your case within two or three years of the date of the injury or from when you discovered the injury. If you wait too long, you may lose your chance to file your case.
    • Typically, medical malpractice claims need to be reviewed by an expert physician who certifies that the physician reviewed the medical records and that the plaintiff’s injury was more likely than not caused by the defendant doctor’s negligence. As medical malpractice cases have an additional burden before you can file your case, it is a mistake to wait too long before speaking with an attorney.
  6. Do not choose a lawyer based on television advertisements. While many people know the names of medical malpractice attorneys based on television advertisements, this is often not the best way to find an attorney. Often the attorneys who advertise on television don’t handle cases themselves but instead refer them to someone else. If you want to know who you are working with, you need to do careful research of the attorneys in your area by reading reviews online, seeking recommendations from friends and family, and calling local bar associations to see if any complaints have been filed against the attorney.

Interviewing an Attorney

  1. Meet your attorney in person. When contacting an attorney, you should plan to meet any prospective attorney in person, share the important details of your case, and discuss your strategy. You may be required to share intimate, awkward or embarrassing details about your life and therefore you must find a person with whom you feel comfortable working. If you choose an attorney with whom you feel uncomfortable talking about your injuries or other aspects of your life, your case will most likely suffer.
  2. Ask questions. Another mistake people make when hiring an attorney is failing to ask that attorney all or any of the questions that the person may have. It is important to understand your legal rights, the intricacies of your case, and your attorney’s strategy. By becoming informed, you may be able to better assist the attorney in your case. Additionally, you should find an attorney who respects you and makes time to discuss your concerns. If a prospective attorney seems too busy to discuss your questions, that may not be the best choice for you.
  3. Bring a friend to your consultation. Many legal issues can be incredibly stressful and emotional. Divorces, accidents, and malpractice cases, for example, can all be upsetting and very personal. During this emotional time it may be more difficult to choose an attorney who is the right fit for you. You can reduce the chance of hiring the wrong attorney by bringing a trusted friend or family member to your initial consultation. This allows you to rely not only on your own judgment but also that of a trusted person when evaluating whether the attorney meets your needs.
  4. Discuss fees and your budget. Many people are often shocked by the cost of legal services, especially if they hire a large law firm. While it may be in your best interest to hire a big firm, particularly if you are looking for a corporate attorney to help you grow your business, you should have a very candid conversation about fees, charges, and your legal budget. There are ways to remain on budget if you inform the law firm of the amount of money they have to work with and require constant updates about the amount of money they are spending representing your business interests.
    • Understand that a lawyer’s fees may be negotiable. If you are working on a limited budget, but you represent steady work, a lawyer may be willing to reduce his hourly rate to get your business. Don’t shy away from asking about this possibility.

Making your Selection

  1. Research the attorney’s background. Before hiring an attorney, research the attorney’s background very carefully. Don’t just trust an advertisement or even a recommendation from a family member. Beyond just interviewing the attorney, you should ask for references to other satisfied clients, and then reach out to them.
    • In most states it is possible to check that the attorney is in good standing with the state bar association. If the attorney has had numerous complaints filed against him or her, or if any disciplinary action has been taken, this will be on record.
  2. Evaluate an aggressive attorney. A mistake people make when hiring a criminal defense attorney is that they think they should choose the most aggressive attorney they can find. You do not want to hire an attorney who tells you that he or she takes every cases to trial. While you want someone to be a zealous advocate for you, sometimes negotiating a plea agreement is in the best interest of the client. You should look for someone who is willing to go to trial if that is in your best interest but who also fully explains all of your options and helps you make an informed decision.
  3. Avoid attorneys who pressure you for a decision. You need to trust your instincts when meeting an attorney for the first time. If you feel pressured to sign a retainer agreement, turn over your credit card information, or hire the attorney at the first meeting, you should consider hiring someone else. This kind of pressure in an initial meeting suggests that you may not have a good working relationship further on.
    • At some point, your attorney may have to pressure you to address a time-sensitive plea deal so that you don’t lose the opportunity. But pressuring you to make a decision about a time-sensitive matter that is important to your case is different than pressuring you for something in the attorney’s self-interest, such as agreeing to be his or her client.
  4. Choose an attorney who can make time for you. You pay a lot for the legal services that you need. It is important for you to choose an attorney who can take time for you when you need it. You should not choose an attorney who appears overburdened by work or takes on more clients than he or she can handle.
    • During the initial meeting, ask your attorney who will answer your questions when you call and how long it takes to hear back from the attorney.
    • Ask whether there will be other attorneys working on the case or just the attorney you meet with. If there are other attorneys, you may have a better chance of speaking directly to someone rather than waiting for a return phone call.

Maintaining a Good Working Relationship with your Attorney

  1. Be clear about billing. No matter how emotionally charged the legal matter at hand may be, your relationship with your attorney is essentially a business deal. You need to make sure that you understand the billing expectations up front, and be sure that you can abide by them.
    • It is common for an attorney to require a retainer to be paid up front, and then subtract the time actually spent from that retainer. When the retainer is used up, then the attorney will either proceed with monthly bills or ask for another retainer. Whichever system your attorney uses, make sure you know what is expected so there are no surprises.
    • Many personal injury lawyers accept cases on a contingent fee basis, which means that a client does not pay for any fees or services unless the lawyer wins the case. Once the lawyer wins, the lawyer is reimbursed for all of the costs incurred in the case and also takes a previously agreed upon percentage of the winnings as his or her fee.
  2. Make sure your lawyers are communicating with each other. If you have to hire lawyers with different specialties from different firms, it is important the attorneys are informing each other of potential issues that are arising. As a business owner, you can manage open communication and cost by scheduling short meetings where all of the lawyers and you are on a brief conference call providing updates on the work that that they are performing. While you are spending money to have all of the lawyers communicate regularly, it could be more costly if one of your attorneys inadvertently creates a problem for another area of your business because they were unaware of work being done by someone else.
  3. Adjust your legal needs as your business changes. A mistake that some new business owners make is that they stay with the attorneys who handled their business start up even after their business is up and running. You may need a different type of business lawyer who handles taxes and employment issues rather than business planning and venture capital. Make sure as your business grows that you are meeting the business’s demands with the right legal specialist.

Tips

  • Regardless of the type of lawyer that you need, you want to find someone who has time to meet your legal needs, communicates well, and is committed to seeing you succeed.
  • Be sure to interview several attorneys before you choose the attorney to handle your legal needs. You need to shop around in order to see who can offer you the best services and with whom you feel comfortable working.
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