Question for Those Experienced Dealing With Lawyers.

[cassanova]

I'm in a bit of a bind here where I may require a decent lawyer. I was automatically writing off hiring one because I didn't and still don't think I can afford one. But, I'll never really know for sure unless I begin to contact them.

I'm a complete novice when it comes to hiring lawyers because other than a DUI along time ago back in 1996, I've never had the need for one. Even with the DUI, I knew I was guilty, so I plead out and never used one.

Basically, what exactly should I be looking for when hiring a lawyer? What questions should I ask them?
What information, if any, should I with hold from them? Personality traits, etc, etc???

The only thing I do know, is to find one that deals with the type of charges that were brought against me.

I appreciate your help very very much.

Thank you.
John

[JimB52]

Ask your local friends for recommendations, unless the charges are too embarrassing. Word of mouth is probably the best way to find competent counsel.

[Nedmundo]

You're correct that you want someone experienced with your type of case, or at least similar kinds of cases. For example, an attorney skilled at handling age discrimination cases would be fine with a sex discrimination case even if s/he's never handled one before.

Beyond that, look for traits you'd look for in hiring any skilled professional: integrity; intelligence; good communication skills; and someone who seems like s/he will genuinely look out for your interests, and won't get rolled over. Toughness without extreme aggressiveness is a good trait for an attorney.

You should not withhold anything that might be relevant from your attorney. If you do, your attorney won't be prepared to deal with those facts if they suddenly emerge from another source. Also, sometimes clients withhold information thinking it's harmful, when it actually helps their cases.

Ideally, you'll be able to tell whether your lawyer knows the players, especially the judge and opposing counsel. With that knowledge, the attorney might be able to make a more accurate prediction about the likely outcome.

I could write for pages about this, but these are my initial thoughts. Good luck.

[hrodbert696]

Well, of course, you need someone who practices the correct type of law for whatever your case is. Most law firms will have a website in which the lawyers list the types of work they do. It's not much good to get a contract lawyer if you're facing criminal charges, or a criminal lawyer for a business dispute. If it's a criminal case, one good idea is to find someone in private practice who used to be a public defender or, even better, a prosecutor or DA.

Beyond that, the best person to recommend a lawyer is another lawyer, so if you know anyone (or any legal secretaries, clerks, paralegals, etc.) ask them. If you don't know any, find a firm that does NOT do the kind of work you need -- a criminal firm for a civil case and vice-versa -- act confused like you didn't realize that they can't take your case, and ask if they can refer you to someone who will.

If it's a civil suit (like personal injury), do NOT go with any lawyer who advertises on TV. Those types usually have their secretaries do all the legwork and don't even look at a file until the last minute, then go for a quick settlement for a fraction of what they might have gotten if they had learned the case and fought it out in court.

Also, there is an ethics stipulation that lawyers' advertising material must never use any language that implies that which lawyer you choose will affect the outcome of the case. Doing so communicates some rather nasty (though probably true) ideas about how just our justice system is. What this means for you in practice is that the best lawyers -- the ones with good reputations and relative integrity -- will NOT advertise that they are "experts" in this or that or publicize what % of their cases they win or whatever. In other words, understated promotions and ads will often indicate better lawyers.

One other suggestion: there is an organization of religious lawyers called the Christian Legal Society. My dad was a member. Just being a member, of course, does not guarantee that the person is any smarter or more competent than anyone else, but it should at least give you better odds that it's someone with integrity.

You should make sure the attorney makes perfectly clear to you how the fee structure works. Ask how long a case like yours typically takes and how the process works. Ask how many cases like this they've handled before and what the outcomes were. If it's a case that might attract press attention, ask how they handle reporters. Ask about his actual process for preparing for trial. For instance, my dad would say that the best lawyer in his firm would rehearse cross-examination thoroughly ahead of time; every single question he would ask, every single answer the witness might give (honest or not), and what follow-up question he would ask to every possible answer. Nothing was left to chance.

Share ALL information that is at all relevant with the attorney. You have attorney/client privilege and even if you really did shoot the bastard (or whatever the case is), your lawyer is protected from having to share this information with police or anyone else. The last thing you want to have happen in a trial is for the OTHER side's attorney to bring something up and catch your lawyer with his pants down because you didn't tell him about it.

By the way, it helps to have an attorney who is tough but personable and likable. Remember that the jury will be watching him and if he comes off cold or hostile or sleazy, they will react to that.

[Munjibunga]

Whomever you hire, be prepared to bend over and spread your cheeks. The pathway to principal is paved with billable hours. Attorneys don't want cases to end. A settled case generates no revenue.

That said, you want to hire a complete a-hole. He may be that way to you a little, but you want that going against the opposition. I was working as an expert for an attorney who was facing another for whom I had worked. The other one had a reputation that was so extreme that people settled cases just to avoid going to trial against him. Anyway, the woman for whom I was working said, "Around here, we say Mr. X would eat the a-hole out of a doberman." I about fell off my chair laughing. She settled before my deposition.

You want Mr. X.

[mrpackerguy]

All the above plus ask if he or she will offer any alternative billing arrangements to hourly billing. Such arrangements would include:

flat fee (you pay "x" amount for entire engagement)
advance fee "not to exceed" (you pay an advanced fee, lawyer bills against it but will not exceed "X" amount from beginning to end.

Can save you some money. More lawyers are entertaiing alternative billing arrangements.