Hiring A Lawyer: A Few Basics
J. Robert Nelson
Law firm advertisements have now become commonplace. Whether on a billboard or on television, attorneys have become instant celebrities as they tout their ability to handle a multitude of legal problems and return large recoveries. A recent discussion with a neighbor reminded me that, notwithstanding the many advertisements, the selection of a lawyer remains for some a mystical experience. This neighbor found herself in a potentially serious commercial dispute. She asked me for the name of a lawyer, preferably one who was "mean, tough and aggressive." Her criteria seemed a throwback to the concept of trial by combat in the Middle Ages. Then it made sense to hire the biggest, toughest champion possible to fight in your stead. Today, those qualities are not nearly as significant in choosing qualified legal counsel.
An outfall of our litigious and legally sophisticated society is that there are a large number of lawyers. They are not all equally capable of addressing your particular needs competently efficiently and cost effectively. Legal education, specialization, experience, responsiveness and success rate all bear on the issue. There are several tools that can assist the search for counsel. The first is a recommendation either from a friend or associate who, based on experience, can provide insights into a lawyer’s skills. When that is not available, there are several other helpful sources which can guide you to a lawyer or lawyers who, at least on paper, may have the skills and experience to assist with respect to your particular problem. Although they do not provide all the necessary information, attorney advertisements usually disclose the specialties of the advertising counsel. Telephone directories include a listing of attorneys with reference to their specializations. The Utah State Bar Association (www.utahbar.org) provides an online ‘Legal Match’ service which provides names of attorneys with the pertinent skill set. Martindale-Hubble (www.martindale.com) provides a listing of all Utah attorneys, including biographical information, specializations, representative clients and a peer rating of legal and ethical skills. Finally, most law firms have websites which provide summaries of practice areas and firm biographies. One or multiple of these resources should help you identify a name of an attorney or attorneys capable of handling your particular issue.
The foregoing should provide a name, however, it does not guaranty an educated choice. For that, direct contact is imperative. The initial contact inevitably goes more smoothly if the prospective client has in mind or on paper an outline of the relevant facts and a general description of the legal services sought. Whether the initial contact is over the telephone or through a face-to-face meeting, there are a number factors that can assist in determining whether you have the right person for you. They include the following:
J. Robert Nelson is an attorney with the law firm of VanCott, Bagley, Cornwall & McCarthy. Mr. Nelson assists creditors and debtors in a broad range of industries throughout the world. He can be reached at 801-237.0270 or at Rnelson@vancott.com.
An outfall of our litigious and legally sophisticated society is that there are a large number of lawyers. They are not all equally capable of addressing your particular needs competently efficiently and cost effectively. Legal education, specialization, experience, responsiveness and success rate all bear on the issue. There are several tools that can assist the search for counsel. The first is a recommendation either from a friend or associate who, based on experience, can provide insights into a lawyer’s skills. When that is not available, there are several other helpful sources which can guide you to a lawyer or lawyers who, at least on paper, may have the skills and experience to assist with respect to your particular problem. Although they do not provide all the necessary information, attorney advertisements usually disclose the specialties of the advertising counsel. Telephone directories include a listing of attorneys with reference to their specializations. The Utah State Bar Association (www.utahbar.org) provides an online ‘Legal Match’ service which provides names of attorneys with the pertinent skill set. Martindale-Hubble (www.martindale.com) provides a listing of all Utah attorneys, including biographical information, specializations, representative clients and a peer rating of legal and ethical skills. Finally, most law firms have websites which provide summaries of practice areas and firm biographies. One or multiple of these resources should help you identify a name of an attorney or attorneys capable of handling your particular issue.
The foregoing should provide a name, however, it does not guaranty an educated choice. For that, direct contact is imperative. The initial contact inevitably goes more smoothly if the prospective client has in mind or on paper an outline of the relevant facts and a general description of the legal services sought. Whether the initial contact is over the telephone or through a face-to-face meeting, there are a number factors that can assist in determining whether you have the right person for you. They include the following:
- Experience and success: The initial contact permits questioning to determine whether the attorney has the training and experience to address your particular problem. In adversarial contexts, an attorney’s track record is relevant, and that topic can be explored during the initial meeting or call. In transactional matters, the first contact permits questions to determine whether there are relationships with the other side which could either facilitate or impede the representation.
- Potential Conflicts: At any given time, lawyers represent multiple clients. Occasionally, one of the clients is adversarial to you on the matter for which you are seeking representation. To identify potential disqualifying conflicts, it is helpful early in the initial meeting to identify all of the potential parties so that the attorney, either during the meeting or thereafter, can determine whether a conflict may exist which precludes the representation and necessitates a referral to another lawyer.
- Availability and Support: Qualified and successful lawyers tend to be busy. Occasionally, their workload can interfere with their prompt and consistent attention to your particular matter. In the initial meeting, it is “fair game” to inquire regarding capacity, availability of younger attorneys and paralegals to assure timely attention. As to some matters (drafting of wills, contracts for example) a lawyer should be able to provide an estimate of timing. The unpredictability of litigation makes time predictions in that context more difficult.
- Personality Fit: Although it may not be of overriding importance, personality can be important to a successful legal representation. The initial meeting allows assessment of basic compatibility, including the lawyer’s skills in listening, thoughtfully questioning, framing issues and suggesting constructive solutions.
- Compensation: Legal work comes at a price. Compensation issues usually are addressed in the first meeting. Arrangements can include hourly rate billing (time spent times hourly rate), flat fee arrangements (involving problems in which time expenditure is predictable) and contingent fee arrangements which, in litigation, entitles a lawyer to a percentage of the recovery. In the initial meeting, the attorney will lay out expectations regarding retainers and payment of invoiced fees. The projected cost of a representation can bear on the choice of the “right” lawyer.
J. Robert Nelson is an attorney with the law firm of VanCott, Bagley, Cornwall & McCarthy. Mr. Nelson assists creditors and debtors in a broad range of industries throughout the world. He can be reached at 801-237.0270 or at Rnelson@vancott.com.
Copyright 2005. Published for general informational purposes only, and should not be construed as legal advice. If you need legal advice please consult with your attorney.