Hiring a lawyer

When you need a lawyer, get one. Get a good one. Get the best you can afford. It will be worth it.

But, will you need a lawyer to protect you from your lawyer? I hope not. Here are some tips...

When you are selecting a lawyer, ask around. Ask people you know who have had need for similar advice. Consider whether you need a generalist or a specialist. Collect names. Starting to hear the same names offered over and over? You might move those names up to the top of your list.

Call the lawyer's office. You'll talk first to his secretary (or legal assistant or administrative assistant). If your legal matter involves another party (such as you are suing someone or being sued), she will have to check first for any conflict-of-interest. If there is a conflict, you want someone else.

Ask if there is a charge for the initial interview; if so, how much? When payable?

Go to the initial meeting. Consider this as a time to interview your lawyer and decide whether you want to hire him. He will consider you; does he want to represent you? Can you afford him? He'll ask if you can afford to pay him. No lawyer should be expected to work for free. Expect to discuss only generalities.

The lawyer should then send you a Letter of Engagement. He will set out the terms under which he will represent you and how much he will charge. He might offer a fee structure for the different employees and services in his office, such as his own hourly rate, that of his associate(s), paralegals and administrative assistants. Plus how much for phone calls and photocopies. You want to know all this in advance.

Understand the difference between a retainer and a deposit. Are you paying a sum of money in advance, against which the lawyer will bill for his time and services? What happens when that well runs dry?

Or are you paying a flat sum for him to handle the case? If so, he'll want to get it done as quickly as possible, so that he earns the most for the time expended. Ask.

Establish exactly what is to happen when your account hits zero. Ask for the Engagement Letter to state that the lawyer is not to expend any time or incur expense beyond the balance in your account without written authorization from you.

If you want only one lawyer in a larger office to work on your case, say so, and put it in writing. When two lawyers in an office hold a "conference", you get billed for both. If one bills at $400/hour and a second bills at $300/hour, then the meter is running at $700/hour, or more than $10/minute. Imagine how quickly a $1,500 retainer can disappear!

Court time might be billed at higher rates than office time. Ask.

The above is the opinion of this writer, who is not an attorney. Nothing above should be construed as legal advice. If you need legal advice, seek the services of a competent attorney.