FAQ'S

If you need legal assistance but do not have a lawyer‚ there are several sources that you may use to help you locate and select an attorney:




a. Recommendations from friends‚ family members‚ and co-workers can be helpful‚ particularly if you ask an individual who has had a legal question similar to yours. 




b. The Federal Bar Association will begin offering a free “Need an Attorney” search listing to the public this summer. The general public will be able to search for an attorney in their local area. The directory includes participating FBA members. This is not a referral service and the FBA does not endorse the services of any of its members.

c. Yellow Pages and other advertising are becoming more commonplace among attorneys. Some ads list specific areas of practice such as bankruptcy‚ real estate‚ and others. It is the lawyer’s own choice to be listed in these areas‚ and there are no guarantees that the lawyers listed have any more knowledge or experience than any other lawyer. If you use these listings as a guideline‚ rely on your own independent investigation as well in choosing an attorney to represent you. 




d. Legal Directories‚ such as the Martindale-Hubbell Law Directory‚ can be found in many public libraries. These contain biographical information on attorneys in each state‚ and listings of attorneys by state and city.

Many people believe they need an attorney’s services only to solve a problem or to get out of a difficult situation. Often‚ the best time to see an attorney is not when you are in legal trouble but before that trouble occurs. Preventive law is one of the most valuable services that a lawyer can perform. By eliminating potential problems, preventive law can save you time‚ money‚ and needless worry.

It is not illegal for you to represent yourself in court or to handle your own legal matters. There are also “kits” and “forms” that some people use for such matters as getting a divorce or making a will. Judges and court personnel are not allowed to give you any legal advice as your case proceeds. Attorneys are trained to provide professional legal assistance to you‚ to be aware of all court procedures‚ filing requirements‚ deadlines‚ and other details that a non-attorney easily could overlook.

Upon being retained as your legal counsel‚ your attorney should expect that you will: 



•    Be completely honest about all facts concerning your case‚ whether or not they are favorable to you.
•    Be on time for appointments and not take up an excessive amount of time with visits or phone calls relating to minor details or petty matters.
•    Take his/her advice.
•    Understand that no lawyer can guarantee results in a contested matter.
•    Be patient and understand that legal matters are rarely “open and shut” cases; they require time and research. 
•    Pay a reasonable fee for the work performed.

You are hiring an attorney to work for you‚ as your advocate. You should expect your attorney to: 

• Confer with you to pinpoint the problem.




• Research and analyze all available facts and information relating to your problem.

• Interview those involved.




• Negotiate a settlement if both sides can reach a fair agreement. 




• Keep you informed about what is going on in your case and answer your questions.




• Discuss fees with you at your first visit‚ and come to an agreement about the way in which the fee will be paid.




• Be candid with you about your problem, your prospects for success‚ the time it will take‚ and the advisability of accepting any settlement offered. 




• Keep in confidence anything you say

What should I look for in an attorney? 


Some of things that you should look for in an attorney‚ include: 




• The attorney’s reputation in the community.




• The attorney’s experience with your type of legal problem (don’t hesitate to ask about this during your initial meeting.)




• The attorney’s communications skills – willingness and ability to talk to you in a language you understand and to keep you informed about the progress of your case‚ responsiveness to your questions and concerns.

Let your attorney know at your first meeting that these qualities are important to you. 


Legal fees are set and determined by an agreement or contract between the attorney and the client. The agreement as to what the attorney is to do and how much the client is to pay may be oral or in writing. The amount of the fee and the basis for the charge are determined by a number of factors: 



​

• The amount of time spent on your problem 



• The attorney’s ability, experience, and reputation 



• The results obtained 



• Overhead costs such as secretarial and para-professional assistance‚ investigators‚ and other personnel 




• Your ability to pay 



• The primary types of fee arrangements are: 


• Hourly rate, in which the total fee is determined by the attorney’s hourly charge times the number of hours required to do the job. 



• Fixed fee, in which a specific amount is agreed upon for a known service, such as divorce, bankruptcy, will, incorporation, contract, and defense of a criminal charge. 



• Contingent fee, in which the attorney receives a percentage of an amount recovered on the client’s behalf. The client always is expected to pay any out-of-pocket expenses incurred in prosecuting the litigation. If no recovery is made‚ the attorney receives no fee. 



• Retainer is merely a method by which the attorney is paid. This is when the client makes a “down payment” from which the charges that accrue as the work progresses are deducted