Personal Referral
One of the best ways to find a lawyer is by asking someone you know (a friend,
relative or co-worker) for suggestions. This is especially useful if they
have used an lawyer for the same purpose you are seeking one, such as estate
planning, family law or bankruptcy.
Professional Referral
Depending on the complexity of your case, you may want to find a lawyer
who practices primarily in one field. For instance, if you are planning
to organize a business, you might be best served by a lawyer who has worked
in your field. You can check with members of professional organizations
or others in your field for suggestions. The Yellow Pages also list lawyers
and their areas of practice. The
Supreme Court has a list of lawyers (called "qualified neutrals")
who are qualified to provide alternative dispute resolution services.
Minnesota Lawyer Referral Services
A third option is to contact a Lawyer Referral Service. The Minnesota State
Bar Association maintains an online Lawyer Referral System at www.mnfindalawyer.com
that assists the public in locating a lawyer practicing law in Minnesota
and helps identify the areas of law that the lawyer practices in.
Referral services are also operated by a number of other organizations within Minnesota:
Lawyer Referral Programs In Other States:
To locate a lawyer in a state other than Minnesota, please refer
to the American Bar Association website which maintains a list of the lawyer
referral programs operating in other states: http://www.abanet.org/legalservices/lris/directory.html
Respond to an advertisement. Lawyers may use consumer
advertising (in Yellow Pages, on radio and TV, in magazines and newspapers,
etc.) to inform the public of their services and charges for certain routine
legal matters. You will find the most complete listing in the Yellow Pages
section of your telephone directory. Some attorneys will list the types
of cases which they accept or the subject areas in which they prefer to
practice. Some others will describe themselves as "certified"
or as a "certified specialist." This means that the lawyer has
met certain standards of knowledge and experience and concentrates his or
her work in the field in which he or she is certified. For more information
about certification, go to How can I find a lawyer who specializes in a
specific type of law?
Many lawyers offer a free brief initial consultation to help you determine whether you need to hire a lawyer. You can ask the lawyer whether s/he offers this when you call for an appointment. You can call the Tel-Law tape library, a series of 75 recorded messages available 24 hours a day on a variety of common legal topics (phone 612/752-6699). Hennepin, Ramsey and Dakota counties each have a service where you can have a brief consultation with a lawyer during certain times; check with these counties to find out times and eligibility:
What if I can’t afford a lawyer in a civil case?
There are civil legal aid providers serving all 87 Minnesota counties. People
requesting assistance usually are screened first for financial eligibility.
Because of limited resources, each local office also has priorities for
the kinds of cases it is able to handle. If you qualify, a legal aid staff
lawyer may help you or you may be assigned to a lawyer who works with the
legal aid office to provide "pro bono" services (for free). If
the pro bono program is separate from the local legal aid office, legal
aid will refer you if it’s appropriate. This means that certain kinds
of cases aren’t handled even if people are financially eligible. Sometimes
there will be a waiting list for certain kinds of services (like divorces).
These offices do NOT handle cases that are potentially fee generating (accidents
for example). To find the local legal aid office(s) serving your county,
go to www.LawHelpMN.org.
What if I can’t afford a lawyer in a criminal case?
The public defenders office may be appointed by the court to represent you.
If you don’t qualify for public defender services, you will need to
hire a lawyer at your own expense.
Yes. Everyone is entitled to act as his or her own counsel, but in an increasingly complex age where specialization is the rule, acting as your own lawyer can often lead to disaster. While you can proceed pro se (representing yourself), it is not often wise, and you must be prepared to live with the consequences. If you represent yourself, you still will be expected to know and follow the court rules and procedures that apply in your jurisdiction. It is not the court’s job to help you navigate through the legal system, and court clerks and judges are very restricted in the types of information they can provide to you; they cannot help you complete the forms you will need. At the very least, be sure to consult your local law library and ask the librarian for any resources the library has for pro se litigants. The Minnesota State Law Library identifies some Self-Help Resources that may be useful to you available on the web; visit www.lawlibrary.state.mn.us/mnlr.html.
The do-it-yourself kits for handling your own divorce or writing a will do not take into account your individual needs, differences or complications, nor are they written with the specific laws of Minnesota in mind. You should consider your options carefully before you proceed to address your legal needs without consulting a lawyer. If you represent yourself, you proceed at your own risk.
Like other professionals, many lawyers specialize by concentrating their practices in certain fields or limiting the type of matters they handle. Lawyers who want to refer to themselves as specialists must be "certified" (i.e., undergo testing and peer review) by a qualified group. Certification measures a lawyer's knowledge and experience in the specialty area.
Since 1988, the Minnesota State Bar Association has been approved as an independent professional organization for certifying legal specialists in two fields: civil trial and real property. Only lawyers who successfully complete the application process and continue to be in compliance with all program requirements may call themselves MSBA Certified Specialists.
The Minnesota Attorney Registrar’s Office should have that information for you. Call them at 651/ 296-2254 or go to http://www.courts.state.mn.us/mars/
There are more than 22,000 lawyers licensed to practice in Minnesota; approximately 15,000 are members of the Minnesota State Bar Association, which is a voluntary professional association for members of the legal profession.
What can I do if I have a complaint about my lawyer?
If you are not happy with how an attorney is handling your case, you have several options for improving the situation. What to do depends on the nature of the problem.
You think your attorney has acted unethically. Lawyers in Minnesota agree to abide by a strict code of ethics when they are licensed to practice law. If you believe your attorney has acted unethically, you may bring your complaint to the Minnesota Lawyers Professional Responsibility Board. The LPRB can be reached at 651-296-3952 or toll-free at 800-657-3601 or visit www.courts.state.mn.us/lprb. Every complaint that falls within the authority of the lawyers' board is investigated. If it is found your attorney has acted unethically, he or she can be disciplined and may even be forbidden from practicing law again. (More specific information about filing a complaint.)
Tip: Most problems between lawyers and clients can be solved by regular communication. Don't be afraid to ask questions of your lawyer. Fees should be discussed thoroughly at your first meeting with the attorney. Keep your own file of materials and records related to the case.
Tips for Selecting a Lawyer to work with you
When
do you need a lawyer?
Sooner or later,
everyone needs to see a lawyer. Many people believe they need a lawyer’s
help only to solve a problem or resolve a conflict. But the best time
to see a lawyer is often NOT when you are in legal trouble, but before
that trouble occurs The saying that "an ounce of prevention is worth
a pound of cure" is as true with legal matters as it is with regular
medical checkups.
Preventive law is one of the most valuable services a lawyer can perform. Early consultation with a lawyer may prevent serious problems later on. By eliminating potential problems, legal advice can save you time, money and needless worry. Common situations where you should consider consulting a lawyer include:
If you face problems such as these, talk to a lawyer as soon as possible because many simple problems get more complicated as time passes.
How do you
find a lawyer?
Once you’ve decided
that you need to see a lawyer, you should carefully consider which lawyer
to contact – it’s an important decision. Your goal should be to find a
lawyer you are comfortable with as a person and as a professional. Many
legal matters involve personal considerations and your lawyer often will
need to know confidential information about you, your family and your
finances in order to represent you effectively.
There are several ways
to find a lawyer to help you:
Get a personal referral.
Use a Lawyer
Referral Service.
The Minnesota State
Bar Association has a free, on-line referral system that can help you
locate lawyers who practice in all counties except Dakota, Hennepin and
Ramsey, which have their own referral services. The MSBA system is easy
to use and is available at all times by going to www.mnbar.org.
The lawyers who choose to be part of the MSBA referral system have agreed
to provide an initial half-hour consultation at no charge to you. You
can then discuss what other services the lawyer will provide at a fee
you both agree on. If the lawyer cannot handle your problem, you can ask
to be referred to another lawyer who may be able to help you.
County Lawyer Referral Programs
- Dakota County 612/431-3200
- Hennepin County 612/752-6666 Voice & TDD
- Ramsey County 612/224-1775 Voice & TDD
Other Lawyer Referral Programs
- Chrysalis Legal Assistance for Women 612/871-0118
- Minnesota Women Lawyers 612/338-3205
- Springboard for the Art 651/292-4381
Respond to
an advertisement.
Attorneys may use
consumer advertising such as yellow pages, radio and TV, magazines and
newspapers to inform the public of their services and charges for certain
routine legal matters. (Direct solicitation, however, is improper and
unethical. Such solicitation might include unwanted visits or telephone
calls.) In cases of accidents or disasters, lawyers are prohibited from
initiating written communications with prospective clients within 30 days
of the incident.
The yellow pages directories contain a listing of attorneys in your area. Some attorneys will list the type of cases they accept or the subject areas in which they prefer to practice. Some other will describe themselves as "certified" or as a "certified specialist." This means that the lawyer has met certain standards of knowledge and experience and concentrates his or her work in the field in which he or she is certified. Certification is granted to attorneys by several groups which have been approved for that purpose by the Minnesota Board of Legal Certification.
In Minnesota, lawyers are bound by the Rules of Professional Conduct established and enforced by the Minnesota Supreme Court. These rules govern lawyer advertising in Minnesota, and prohibit lawyers from making false, misleading or deceptive statements about their services.
You can follow certain steps when you contact a lawyer whose advertisement you have seen or heard:
Other Resources
Legal Clinics
Legal Aid and Volunteer
Attorney programs serve every county in Minnesota. These programs provide
high-quality legal assistance in certain civil matters for eligible low-income
persons. This assistance is generally limited to non-income-producing
cases and non-criminal cases, such as those relating to domestic disputes
or landlord-tenant problems.
You should contact the legal services program in your area to determine if you qualify for these free legal services. Call 612/333-1183 (Twin Cities metro) or 800/292-4152 (toll free outstate) for the program serving your county. In criminal matters, the court will appoint an attorney to represent you during your first court appearance.
Conciliation
(Small Claims) Court
Conciliation courts
offer citizens the chance to resolve minor disputes without the need for
lawyers. Because these involve relatively modest monetary disputes and
are usually handled without lawyers, the courts are sometimes called "people’s
courts."
In Minnesota, the limit for cases that can be heard in conciliation court is $ 7,500, and exclude certain types of claims such as divorce, cases involving title to property, cases involving the city, county or state, and successions. The filing fee for conciliation court varies by county, but generally ranges from $25-$35. However, you should file suit only after you have tried other ways to solve your problem such as writing directly to the person or company involved in your complaint, or by discussing the matter with the Better Business Bureau.
For more information about conciliation court or to find the telephone number for your local conciliation court, go to http://www.ag.state.mn.us/consumer/con_court/default.htm.
Alternative
Dispute Resolution Services
ADR consists of various methods of resolving legal disputes
without resorting to conventional lawsuits. ADR may be quicker, more efficient,
and more economical than traditional litigation in court. Under the Minnesota
Rules of Court, nearly all civil legal disputes must go through some type
of Alternative Dispute Resolution (ADR) process prior to trial.
The two most common forms of ADR are mediation and arbitration. In mediation,
a neutral mediator, selected by both parties serves as a conciliator to
help the parties reach a mutually acceptable settlement of their disputes.
The mediator does not decide which side is right or wrong, but rather,
assists the parties in reaching a mutually agreed upon resolution. For
more information about mediating disputes, call Tel-Law at 612-752-6699
and request tape #113.
In arbitration, the parties select one or more neutral individuals who
will rule upon their dispute. An arbitration hearing is conducted, which
is similar to a court hearing, but much less formal. The parties agree,
prior to the arbitration, whether the ruling will be binding or nonbinding.
If the ruling is nonbinding, either party can opt not to accept it by
filing the necessary notice, and then the case would be returned to the
court system. If the ruling is binding, the grounds for appeal are very
limited.
In addition to using a law firm for ADR, there are a number of dispute
resolution programs and services which may be able to help you resolve
your dispute outside of a formal court of law. Look in the Yellow Pages
under “Mediation Service” to find a program near you. The
Minnesota Supreme Court maintains a list of “qualified neutrals”
which you can look at by going to their website at http://www.courts.state.mn.us/adr/adr_query.asp.
How do I choose
a lawyer?
Once you have the
names of one or more lawyers, call their offices. Briefly explain your
situation and ask:
After you’ve gotten these questions answered, you’ll want to schedule a meeting with the lawyer whose answers satisfied you the most. In choosing a lawyer, keep in mind competence, accessibility and price. One way to assess competence is by the amount of time the lawyer has spent keeping up with changes in the law through continuing legal education (in order to maintain their license to practice law, lawyers must take 45 hours of CLE every three years). A lawyer’s age may not necessarily be indicative of his or her ability to help you with your case. A young lawyer or one who is recently out of law school may have more experience with your type of problem than a lawyer who is older or who has practiced for many years.
Because you are hiring a lawyer to perform services for you, don’t be afraid to ask about his or her qualifications, experience and continuing education. Ask questions. Write them down before you visit the lawyer’s office. Here are a few questions that may be helpful when you meet with the lawyer:
How
are lawyers paid?
A natural part of
the legal system, which deals with the rights, desires and occasionally
the faults of human beings, is the fact that no two situations are exactly
alike. The lawyer’s fee will depend upon a variety of factors including
the type of case, the agreement reached between you and your lawyer, and
the guidelines set forth in the Rules of Professional Conduct.
Probably the key element of any fee charged by a lawyer is the amount of time spent on a particular problem. But you should remember that a lawyer, unlike a doctor or dentist, performs many professional services when the client is not present. For example, clients are expected to pay their lawyer for time spent on the phone calls, writing letters or drafting and reviewing documents. A four-page document drafted for a client or advice given in a few minutes is actually the product of many hours of work done by the lawyer, not to mention other people in the lawyer’s office such as legal assistants and legal secretaries. While many lawyers work a minimum of eight to 10 hours a day, only about two-thirds of that time (or less) is billed to clients. The rest of the time is devoted to keeping up with the many new and changing laws, continuing legal education courses, bar association involvement, office management, and volunteer legal service.
There are four basic ways that lawyers usually charge their clients. Note that some lawyers use a combination of fee arrangements.
1. A flat or fixed fee basis for handling a particular type of matter. The lawyer may quote you a set amount or standard fee for a routine legal matter. For example, many wills and simple divorces are handled on a flat fee basis. When you agree to a fixed fee, be sure you know what it does and does not include. You should find out if any other charges might be added to the bill (for example, you may be expected to pay court costs and to reimburse the lawyer for out-of-pocket expenses, such as travel or copying costs).
2. A contingent fee arrangement, which means that the lawyer gets a percentage of the amount recovered. Thus, if your lawsuit is successful, the lawyer receives an agreed-upon percentage of the amount recovered, plus out-of-pocket expenses and court costs. The percentage is not set by the court, but is agreed upon between the lawyer and client. Although many lawyers charge the same percentage, you have the right to ask questions about the amount of work to be performed for the contingency fee and you are entitled to bargain for a different percentage if you think that is fair.
Cases involving personal injury are often handled on a contingent fee basis. The Rules of Professional Conduct provide that certain types of cases may not be handled on a conteingency fee basis (e.g., divorce and criminal cases). The rules also provide that a contingency fee agreement must be in writing and must state the method by which the fee is to be determined.
3. An hourly rate for time spent and expenses incurred on your behalf. Hourly rates of lawyers generally depend upon the lawyer’s experience and the demand for his or her services. There is no set hourly rate, and the rates vary. When choosing between lawyers whose hourly rates vary, you should consider which lawyer has the skills or experience to resolve the case more quickly. If you agree to an hourly arrangement, you can the lawyer may want to include a provision in the agreement requiring that the lawyer not exceed a specified amount of time or money without first obtaining your permission. Many business matters are charged according to hourly rates.
4. A retainer fee, where an individual or business employs a lawyer by making a down payment toward the fee for specified legal services. In return for the retainer the attorney will work for you on any matter for which you may services. Additional costs may be added to the final bill for services involving extra time and effort. Always request that your lawyer give a receipt to you for the advance on the fee.
Can I discuss
the fee and payment arrangements with my lawyer?
Many people needing
legal help are reluctant to see a lawyer because they’ve heard that legal
services are expensive. Acutally, fees are often modest in comparison
with the benefits gained or losses avoided. In your first meeting with
your lawyer, you should discuss how much your legal work is going to cost
and how it is going to be paid for. You need this information to make
an informed decision about how to proceed. Often, a lawyer cannot tell
you exactly what the total charge will be because it is hard to estimate
how much work is going to be involved. Different cases have different
facts, require different amounts of time and skills or different amounts
of resources. But lawyers can usually estimate the minimum and maximum
limits of the fee for that particular work, or give you some idea of the
problems involved and the time that will be required.
The timetable for paying legal fees depends on arrangements between you and your lawyer. Usually, lawyers require an advance payment, often called a retainer, to cover the initial work and court costs paid on your behalf. In other matters, you will be billed at the end of each month, or at the completion of the services.
You should never hesitate to discuss fees at any time during the handing of your legal matter. If you receive a statement that isn’t clear to you or believe the fee isn’t proper, talk it over with your lawyer. Misunderstandings about fees usually result from the fact that the client is not aware of the extent of the lawyer’s work on the case. This is by no means the client’s fault. If you do not regularly see your lawyer, you may understandably believe that the activities of the lawyer are limited to those you do see. Lawyers as a group want to ensure that their clients are satisfied with any fees charged for services rendered. Your lawyer will be open to your questions on fees at any time.
How do I choose
the right lawyer for me?
Remember, when you hire a lawyer,
he or she will be working for you. The lawyer should be genuinely interested
in your problem and in giving you the best possible advice. The lawyer
may not be able to accomplish everything you want because of the facts
or the law that applies in your case. Many times a good lawyer will advise
you to avoid court action. A lawyer should be able to explain, in terms
you can understand, what he or she hopes to accomplish for you and how
he or she plans to do it.
Think about how the lawyer responded to your questions, about his or her experience and about whether you will be able to work with the lawyer in the way you would like. Based on your initial consultation, you should consider the following factors before agreeing to hire a lawyer:
If you are satisfied with your answers to these questions, it is likely that a sound basis for working together has been established between you and your lawyer.
Can I be my
own lawyer?
Yes. Everyone is
entitled to act as his or her own counsel, but in an increasingly complex
age where specialization is common, acting as your own lawyer can often
lead to disaster. While it is not prohibited to proceed pro se
(representing yourself), it is not often wise, and you must be prepared
to live with the consequences. If you represent yourself you still will
be expected to know and follow the court rules and procedures that apply
in your jurisdiction. It is not the court’s job to help you navigate through
the legal system; court clerks and judges are very restricted in the types
of information they can provide to you. They cannot help you fill out
forms, for example. At the very least, be sure to consult your local law
library and ask the librarian for any resources the library has for pro
se litigants.
The do-it-yourself kits you may see advertised for handling your own divorce or writing a will do not take into account your individual needs, differences or complications, nor are they written with the specific laws of Minnesota in mind. You should consider your options carefully before you proceed to address your legal needs without consulting a lawyer.
Tips for Helping Your Lawyer Help You
As in any successful relationship, a good lawyer/client relationship involves cooperation on both sides. As a client, you should do all you can to make sure you get the best possible legal help. To do so, you must hold up your end of the responsibilities. Below are ten common sense steps to establishing a successful relationship with your lawyer.
1. Give your
lawyer the complete story.
Your lawyer needs
information to represent your interests successfully. Every fact and detail
could be critical to your case. Once your lawyer knows all the facts and
details from you, he or she will determine which information is the most
important. Facts which may not seem important to you may have serious
legal consequences.
2. Prepare
for phone calls and meetings.
Get organized before
you talk with or visit your lawyer. Prepare a written summary or detailed
notes outlining your problem or questions; write down the names, addresses
and phone numbers of all persons involved; bring papers relating to the
case to your first interview. Be prompt for all appointments, since an
attorney's time is your money.
Be as brief as possible in all interviews with your lawyer, and stick to business. At the rate you are charged for calls and conferences, socializing is expensive. Your legal matters are what is of interest to you and you attorney. You lawyer will appreciate it if you are prepared for meetings, and you will save money.
3. Keep your
lawyers informed.
Tell your lawyer
immediately of changes or new information that might affect your case.
It might mean that the lawyer will have to take a totally different action
-- or no action at all -- in your case. This could greatly affect your
lawyer's fee. If your lawyer asks you to gather information about you
case, do so promptly. Make or ask for a checklist of what you need to
do and when, then make sure you get the things done. You will need to
let your lawyer know how he or she can keep in touch with you. If you
have a change of address, phone number, or place of employment, let your
lawyer know right away. Be sure to give your lawyer any new documents
you receive that may be relevant to your case.
4. Ask your
lawyer questions.
We live in a complex
society with a complex legal system. If you have any questions or are
confused about something in your case, ask your lawyer for an explanation.
In order for your lawyer to serve you effectively, you must understand
all aspects of your case and the legal process. This may go a long way
toward putting your mind at ease -- and will help your lawyer do a better
job of handling your case.
5. Trust your
lawyer.
Be prepared to make
full and honest disclosure of everything about your problem, including
facts which may be unfavorable or embarrassing to you. Only if you are
completely candid from the start can the lawyer advise you properly. Strict
rules require that the lawyer keep information about your case confidential,
unless you admit to ongoing or planned criminal activity.
If you are concerned about confidentiality, tell your lawyer and discuss your expectations. Talking about it will help all parties feel more at ease and can help reassure you of your lawyer's commitment to confidentiality.
6. Talk about
fees and money at the first visit.
Your lawyer should
be prepared to talk about fees at your first meeting. Often a lawyer cannot
tell you exactly what the charge will be because it is difficult to estimate
how much work is going to be involved. But lawyers can usually estimate
the minimum and maximum limits of the fee for that particular work, or
give you some idea of the problems involved and the time that will be
required.
In some cases fees are charged on an hourly basis or as a flat fee, and in some cases you will not pay any fees unless there is a recovery. In most cases, you will also have to pay for any expenses incurred (for example, filing fees or copying costs) on your case. You can and should negotiate fees and discuss payment plans with your attorney. Get your agreement in writing and keep a copy for your records. Most fee disputes arise when there is no written agreement.
Remember that a client has the duty to promptly pay a fair and reasonable price for legal services. In fact, when a client fails to pay in some situations, the lawyer may have the right to stop working further on the case. Still, the lawyer must do whatever is reasonably possible to make sure that the client's case is not harmed.
7. Agree on
a reporting procedure.
Your lawyer should
report to you regularly on the progress of your case. Discuss how frequently
you will be informed about your case and by what method, telephone or
letter. Remember, your lawyer is working for you. If you have any questions
about your case, don't hesitate to call your lawyer. But remember that
you are paying for your lawyer's time. It is usually more cost-effective
to ask several questions at a time, rather than calling each time a question
arises.
8. Know what
you are signing.
Read any document
you sign. Before you sign, ask your lawyer to explain fully anything you
don't understand. Remember, what may be clear and routine to your lawyer
can be (and often is) confusing to people without legal training. Ask
if you have questions.
9. Keep your
own case file.
Along with the working
contract or letter of agreement between you and your lawyer, you should
ask for and keep copies of all letters and documents prepared on your
behalf. This will help you understand the progress being made on your
case and assist you when you talk to or meet with your lawyer.
10. Listen
to your lawyer.
Give careful consideration
to what your lawyer advises. The lawyer's judgments are based on experience
and training. Don't waste your money or your lawyer's time if you don't
have confidence in his or her special knowledge and skills. Remember,
however, that lawyers cannot work magic. No lawyer can be expected to
win every case, and the best legal advice may not be what you want to
hear.
Your lawyer is your advocate and this means that his or her advice has your best legal interests at heart. After you have hired a lawyer you trust, listen to the advice carefully.
General
Information
- Last Updated
3/19/04 -
Choosing a lawyer can be an overwhelming task. Here are some
resources: