How to Hire
a Lawyer
When you need a lawyer for the first time, you should first
seek the answer to two questions:“What kind of lawyer should I consider?” and “Do I need a specialist?” This
article examines useful ways to answer these questions.
Let’s look at how you find
a lawyer.
Recommendations from someone you
know. If you are willing
to tell your friends about your legal situation, they can
be a valuable source of information about
a lawyer. A satisfied former client is a great recommendation for an attorney.
Even if your friend's lawyer does not handle the type of legal situation
you face, the lawyer may be able to recommend another reliable
attorney.
Yellow Pages. Every lawyer who pays for
a business phone line gets an entry in the Yellow Pages. The lawyers who
have larger ads usually have a larger
practice,
because the bigger ads are very expensive.
Consider the ads that have detailed information about the
firm and lawyer. The more substantive the ad, the more the
attorney believes that it is important
his potential clients should be informed. Typically, the more informative
the ad, the more informative the lawyer. Non substantive advertisements
may indicate
an unwillingness for the lawyer to take time to explain complex situations
during
the attorney’s representation.
Television Ads. Yuch! Enough said.
TV Guide Ads. See comments
under Television Ads.
The Web. This article appears
on the Web because I believe
visiting web sites is a good way for you to find a lawyer.
The major benefit to both
the client
and the lawyer is the chance to learn about the lawyer and the case
before deciding whether to make an appointment. This
web site allows me to convey
much more information
to you than I could with most other methods. I hope my web site will
give you some perspective about the kind of lawyer I
am.
My Background. Between 1993 and 2003, I was in law partnership
with Jeffrey Singer, a Baylor Law graduate. Although
Jeffrey Singer and I are no longer
partners,
we still work on cases together. Mr. Singer specializes areas of
practice that I choose not to handle: Mergers & Acquisitions,
Real Estate, Family Law, Landlord-Tenant, and General
Business Law such as formation of partnerships
and corporations.
Working with a small firm is much more rewarding for both
the client and the attorney than working with a large law firm.
It allows you
to establish
a personal
relationship with me, and not worry about an inexperienced lawyer
being assigned the case, as often happens at larger firms. It allows me to decide what type of cases I take and take full
responsibility for my choices. I do not have any minimum billing
requirements, nor
do I have to justify the amount of time I spend on a case to anyone
except
my
client.
This commitment and accountability is often not true in large law
firms. Which brings
us to one of the early choices facing a client: What size law firm
should you hire?
What Size Firm To Hire. Big firms have lots of resources
and may be the best choice if you have an enormous problem
that needs lots
of
lawyers
and staff
on it right away. The trade off is the amount of money you will
spend. Also, big
firms typically do not provide the personal attention a small
firm can give.
Because of the high fees charged by named partners in big firms,
day-to-day work is often done by associates. Sometimes clients
find they have
trouble reaching
the partner they thought they were hiring, and note that they
may go through several associates during the course of the representation.
The cost to
the client both in time and money of constantly re-explaining
the
situation
may
not be worth
it.
Also, when dealing with an associate, charges are often made
for the time you talked to the associate and the time it took
the associate
to tell
the partner
what you said. Likewise if you get through to the partner,
you may still be billed for the time the partner spends relating
your call
to the associate(s),
the time
the associate spends researching your problem, the time the
partner
spends reviewing the findings of the associate(s), and the
time the partner
spends explaining
the findings to you. Although I do employ associates and paralegals,
a client will NEVER be charged for my time discussing a matter
with the associate/paralegal,
or vice-versa.
Big firms often travel to court in groups. There may be a
partner and several associates who are charging their time,
which can
become frightfully
expensive
very quickly. The partner may feel the client expects the
partner to appear in court, but the partner may also know that
the
associate knows
the details
of
the case. And success often turns on a command of the details.
This does not happen in my firm.
Why Hire a Small Firm. A
significant advantage in hiring a small firm is the personal
attention you can get throughout
the life
of your legal
matter.
You
do not have to worry so much about essential details being
lost in the translation from associate to partner.
My Approach. I have certain
policies I have developed over the years that I think clients
appreciate. I strive to return
client
phone
calls the day
I receive
them,
even if only to say there have been no new developments in
the case. I also copy my clients with significant correspondence
on the case
so they
will
know what
is happening.
I believe there should be a written contract or retainer
in every case. The retainer sets forth the scope of the engagement,
the
billing rate,
and often
establishes
a trust account. Any lawyer you talk to should be willing
to explain all the
terms of the contract and how that lawyer
bills.
I also never forget that it is your case. There is no reason
to keep a client in the dark about the progress of the case.
In fact,
although
I
make recommendations
at different points in the lawsuit, I believe that ultimate
decisions during the lawsuit (such as settlement amounts)
are the client's
to make. I like
having the client involved in the legal matter.
Experience Counts. There
is no doubt that experience counts. With each year in practice,
a lawyer encounters a wide variety
of cases.
A commitment
to
continuing legal education, such as my membership in the
State Bar College and my legal
specialization, are important. But what about experience
with the particular problem you have? Unless you have a relatively
simple
case or the kind
of problem that happens to many clients on a regular basis,
the odds are that
the lawyer
you hire will not have faced your exact problem before. So
what you are looking for is an attorney who knows how to
think
about
the problem,
and who is willing
to do the legal research to understand the law as it applies
to your set of facts.
When you hire a lawyer directly, you can form a judgment
about whether the lawyer can handle your case. When you hire
one
of the big firms,
you sometimes
don't
even know who will do the detail work on your problem.
Why Hire a Board Certified Civil
Trial Lawyer. I am Board
Certified in Civil Trial Law by the Texas Board of Legal
Specialization.
That means
that I achieved
the experience and test requirements and I devote at least
25% of my practice to personal injury trial law. Fewer than
10% of
the attorney
in Texas are
Board Certified. Click here to learn more about Board Certification.
If you have a civil law problem,
it makes sense to hire a board certified lawyer. But what if
your problem does not
involve civil law? Some of the advantages in hiring a board
certified trial lawyer are that you get a lawyer who has experience
in trial law, who is
committed to continuing legal education far above the minimums
required by the State Bar, and who
is not afraid to take your problem
to a jury if the other side is unwilling to negotiate a suitable
settlement. Experience shows that large insurance companies
and corporate defense firms
know that a board certified practitioner must be reckoned
with.
Final Thoughts. My best
piece of advice is to take your time. There is no rule that
says you have to sign a contract
with the first
lawyer you
visit.
Make
sure you are comfortable with the lawyer before making
your decision. Make sure the
lawyer is willing to answer your questions, and that you
feel comfortable with the answers. A good fit between lawyer
and
client is essential
for a successful
relationship with your attorney. Feel free to contact me
if you have questions. If you have been unsuccessful in retaining
a lawyer, you may need to resort to self-representation called
"Pro Se." You can do this in Justice
of the Peace Court, also
called, "Small Claims Court."
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