Choosing A Lawyer

The purpose of the following information is to assist you to find an attorney that is appropriate for your needs.  No single factor is necessarily more important than another.  Depending on your needs, different factors will play a greater or lesser role in determining who you choose to represent you. 

Remember, there are many attorneys out there.  Just because you talk to, or meet with, one attorney does not mean you must use that attorney.  Choosing the right lawyer for your case is very important.

Why do I need the attorney?

This seems like a simple question, but people do not always know why they want to consult with an attorney.  Depending on your goals, an attorney will handle your case differently.  Reasons to hire an attorney include: 

Before deciding on a particular attorney, it is a good idea to know why you are seeking the attorney’s assistance.

What is the attorney’s main area of practice?

Most lawyers practice in specific areas of law such as Employment Law, Family Law, Criminal Law, Workers’ Compensation, Personal Injury, Patents & Trademarks, Estate Planning, Business Litigation, etc.  Other lawyers practice multiple areas of law.  Additionally, many law firms have several attorneys that practice different areas of law.

Your needs will determine the best type of lawyer to obtain. Find out the specific area of law the lawyer practices before agreeing to meet with the attorney.  While the attorney probably will not be able to listen to the facts of your particular case over the telephone, you should be able to ask if the attorney handles wrongful termination or discrimination cases, for example. 

What kind of experience does the attorney have?

An attorney’s experience may effect your decisions regarding who to hire to represent you.  Do not be afraid to ask the attorney what types of cases the attorney has handled before, how many and what type of cases the attorney has taken to trial, where the attorney grew up or went to Law School.  You are trying to find the attorney best suited for your needs.  Shop around until you find an attorney that meets them.

How does the attorney charge?

Attorneys usually work on an hourly, contingent, or flat fee basis.  Some attorneys work on a combination of hourly, contingent, or flat fee. 

When the attorney works on an hourly basis, you must pay the attorney’s regular hourly rate for every hour the attorney spends on your case.  This includes talking to you.  Depending on your specific needs, paying an attorney on an hourly basis can be expensive.  Attorney’s fees are negotiable, but an attorney is not required to discount his or her fees.  If you want an attorney to work on a reduced hourly rate, be prepared to justify why.  When hiring an attorney on an hourly basis, make sure the attorney sends out a summary of all amounts charged at regular intervals.

A contingency fee means that the attorney does not charge for his or her services until your case settles or wins at trial.  Then the attorney usually takes a percentage of the total amount recovered.  If the attorney does not recover some amount on your behalf, then you do not pay attorney’s fees.  You will, however, be responsible for costs associated with the litigation or representation.  Some attorneys have a sliding scale contingency for different phases of litigation.  Other contingency fees are set by law (e.g. Workers’ Compensation and Medical Malpractice).  The benefit of hiring an attorney on a contingency fee basis is that you do not have to expend money on attorney’s fees until the matter is resolved.  The problem is that the attorney is less likely to take your case unless you have a very strong case and definite amount of damages which will justify the risks involved in litigation.

An attorney working on a flat fee basis charges a set amount of money for specific work.  For example, an attorney might charge a flat fee to write a demand letter or appear in court.

It is a good idea to ask the attorney how he or she charges before setting up an initial consultation.  If the attorney says he or she does not do cases on a contingency basis, and you know you do not have the funds to pay an hourly or flat fee, be prepared to continue looking for another attorney.

Will the attorney keep me informed regarding the status of my case?

An attorney is required by law to keep you informed regarding the status of your case.  Almost every attorney who is disciplined by the California Bar Association is disciplined, in part, for failing to communicate with the client.  This does not mean that you need to meet with the attorney on a weekly basis, but certainly, when important developments occur, you should be informed.  Ask the attorney how he or she intends to communicate with you regarding the status of your case.  You can request an update whenever you feel it is necessary.

Is the lawyer too busy to handle my case?

Ask the lawyer how many cases he or she is currently handling.  Ask about what type of support staff the attorney uses.  Just because an attorney is a sole practitioner does not mean he or she cannot handle your case, but do not be afraid to ask the attorney if he or she has the resources to handle your case.  If you feel that the attorney does not have sufficient time to devote to your case, find another lawyer.

Do I feel comfortable with the attorney?

Ultimately, you want to find an attorney with whom you can work.  If your case proceeds to litigation, you will have a long relationship with your attorney.  It is very important to find an attorney that you like.