Identifying a Legal Problem and
Choosing a Lawyer
A good way to determine whether you have a legal problem or need legal assistance is to ask a lawyer. Most lawyers will initially discuss and determine whether you have a legal problem without charging a fee.
The Expectation of the Client and the Lawyer
The lawyer and client should agree on what expectations that each have and how the lawyer will try to obtain those expectations like settlement, mediation, or trial. The client has a right to expect a status report of the case and know how frequently the lawyer will provide one.
Choosing A Lawyer
There
comes a time in nearly everyone's
life where the services of a lawyer
are required.
"Even
law abiding Americans will encounter
a legal situation an average of four
to six times per year." National
Resource Center for Consumers of
Legal Services
"More than half of all households have a legal situation
right now." American
Bar Association
Once you decide
to call a lawyer, the next decision is
which one. In order to determine this,
the following is a list of suggestions
that might help you decide who to call:
a. Ask friends, teachers, employer, co-workers,
minister, relatives, neighbors, or anyone
you trust which lawyer(s) they have used
and if they did a good job;
b. Use the Internet and search for lawyers
in your area, and use our guide to find a lawyer in your area.
c. Ask other lawyers, or
d. Call your local Legal Aid or Public
Defender's office to see if you qualify
for representation
Fees/Costs and Initial Consultation
Once you have decided which lawyer
to call, you should ask the lawyer whether he/she charges a fee for the initial
consultation (first visit), and if so, how much. If you decide after the first
meeting that you want to hire a lawyer, you should ask for an estimated cost for
services. Most lawyers will enter into a written agreement listing the fees, costs,
and the nature and extent of the lawyer's representation. You should understand
from the first meeting how much the lawyer will charge to handle your case. Costs
are different from fees. The client is ultimately responsible for court costs,
filing fees, etc.
The first time you meet with a lawyer, you should be
prepared to discuss and ask questions in regards to the facts and any legal problems
pertaining to these facts. Do not be shy or intimidated by the lawyer or his/her
offices. The questions below are ideas for a potential client to ask the lawyer,
followed by suggested direction for the client and lawyer.
What is a lawyer?
A lawyer is a professional who is an
officer of the court authorized to explain and interpret the law for you, to handle
legal matters as well as to appear in Court. In addition to other tasks, a lawyer's
work involves counseling and preparing documents. But, foremost, a lawyer is a
representative or an advocate on behalf of a client.
What are
the standards of conduct for a lawyer?
Lawyers are subject to the highest degree of ethical conduct under their State Bar's Code of Professional Responsibility. Lawyers also must meet the high standards laid down by the Supreme Court for admission to the Bar.
Can non-lawyers practice law?
Every citizen has the right to practice law for himself or herself. But before one can become a lawyer and represent another in court (or make a practice of giving legal advice), he or she must meet the high standards laid down by the Supreme Court for admission to the Bar. These are for the protection of those persons who employ lawyers.
The law covers dozens of different fields. Any given set of facts may involve one or more of those fields. While someone who is not a lawyer may have great knowledge about a particular subject, it is impossible for that person to be familiar with the whole body of law even in that particular field, not to mention laws concerning other subjects likely to be involved. Laws and their interpretations are constantly changing; a non-lawyer cannot know all the possible legal consequences or hazards. This is why a license to practice law is granted exclusively to trained experts. It is a public safeguard, established and enforced by the Court.
When do you need a lawyer?
A
lawyer can help you after you get into trouble, but the best time to consult one
is before you have a legal problem. Never think of a lawyer as a "last resort."
Preventive law is the most valuable service a lawyer can perform for you and
those who depend on you. Here is a checklist for areas in which you should consult
a lawyer before you act:
1. The purchase or sale of a home
or other real estate;
2. The purchase, sale or lease of other property;
3.
The execution of written contracts with major financial provisions or consequences;
4. Tax problems;
5. The execution of a will or estate;
6. The start
of a business;
7. The organization of business associations, such as corporations
or partnerships;
8. Accidents involving damage to persons or property;
9.
Domestic matters;
10. Matters concerning substantial change in your economic
status.
OR
Choosing a Lawyer:
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