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:
- Before buying
or selling a home or other real estate.
- When making
a will or planning your estate.
- Before signing
a contract that involves a lot of money or calls for financing.
- Before organizing
or buying a business.
- When there are
changes in your family status—marriage, adoption, divorce,
guardianship.
- When you are
arrested or charged with a crime.
- When you are
involved in an accident in which there is personal injury
or property damage.
- When you have
tax problems or questions.
- When you are
having problems with unpaid bills or bill collectors.
- If you are not
sure that your problem has a legal solution.
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.
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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.
- Ask a friend
or relative -- especially one who has had a problem like
yours -- for the name of a lawyer.
- Ask a person
whose opinion you respect, such as your employer, a doctor,
minister, teacher, social worker or labor union representative.
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.
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:
- Don’t take the
ad literally; ask the lawyer for references and check his
or her experience with your type of case.
- Ask the lawyer
about the service advertised and what they actually include,
for example, a "simple will" or "simple
divorce."
- Don’t hesitate
to discuss fees, what services those fees cover and whether
there will be any extra charges.
- Keep a copy
of the ad so you can check to see whether the lawyer is
performing as advertised.
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.
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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:
- Does the lawyer
charge for an initial interview? If so, how much? Note
that many lawyers offer a free initial meeting to discuss
your situation.
- Does the lawyer
have a standard fee for routine matters? If so, what does
it cover? If your problem appears more complicated, what
are the hourly fees?
- Does the lawyer
have a written agreement describing fees and services provided
for the fees?
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:
- Have you had
experience handling this kind of problem? How recently?
How often? What was involved? What was the outcome of the
other case(s)?
- If I hire you,
will you actually be working on my case? What will you
be doing for me? Will any other person be doing work on
my case? When and how will we get back in touch with each
other?
- Is there a statute
of limitations (meaning a legal deadline) in my case that
we must be careful not to miss?
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.
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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.
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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:
- Personality—do
you get along well with and trust the person?
- Experience—are
you satisfied with the amount of experience the lawyer
has had with your type of problem?
- Communication
skills—can you talk with and understand the lawyer easily?
- Ability to pay—can
you afford to pay the lawyer according to the fee arrangements
you discussed?
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.
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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.
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