Consumers Attitudes Toward Choosing Legal Counsel
Prepared for Martindale-Hubbell by Yankelovich Partners.
Backround & PurposeMartindale-Hubbell has commissioned Yankelovich Partners on behalf of Lawyers.com to conduct a study to explore Americans' behaviors and attitudes towards choosing and using lawyers.
The purpose of this study is to confirm several observations that have been made about how Americans choose and use lawyers, specifically:
To measure how much time Americans are spending identifying/hiring a lawyer.
To uncover what criteria Americans currently use when hiring a lawyer.
To explore how Americans are finding their current lawyers.
To measure if Americans are satisfied with their lawyers, and if not, to determine why they are not satisfied.
To confirm that people have a need to hire an attorney at some point in their life and explore how often Americans need/hire lawyers and for what needs.
To explore how Americans get their legal information.
Methodology
The following results are based on telephone interviews with 1001 Americans.
1001 adults were interviewed between November 8 and November 22, 2000.
This study was conducted using a random-digit-dialing (RDD) methodology. This methodology ensures that people with listed and unlisted telephone numbers are interviewed.
Adults qualified for the study if they were 25 years of age or older.
The margin of error= ± 3.1%.
Summary of Findings
Americans spend more time researching the purchases of their furniture and major appliances than their lawyer. The majority of Americans have hired a lawyer, but not many put much time into the process.
The minimum average amount of time invested in researching a major purchase (23 hrs) exceeds the average amount of time invested in researching a lawyer (19 hrs).
Nearly seven in ten (68%) Americans have hired a lawyer.
Those who have hired a lawyer have spent an average of nineteen (19) hours researching their choice.
The amount of time people spent researching before the purchase of their furniture and a major appliance still exceeded the average amount of time spent researching a lawyer (33 hrs and 23 hrs vs. 19 hrs, respectively).
Americans spend the most time researching the purchase of a car (85 hrs).
Tried and true is not fail-proof: Americans have doubts about their ability to find a lawyer.
Figuring out where to find a lawyer and how to compare them to others limits the ability of many Americans to research their choices.
Approximately three out of ten say their inability to compare information about different attorneys (28%) and being intimidated or confused by the whole process (27%) would limit their ability to research their options for representation. One out of five (20%) would be limited by a lack of resources and information.
Over two in five people agree that it is hard to find a good lawyer (44%) and one-quarter (26%) agrees that they do not know how to find a good lawyer.
Another two in five Americans (38%) agree that finding a lawyer is an intimidating process, and over one in five (23%) agree that they are embarrassed by their lack of knowledge about what to ask when hiring a lawyer.
Women are more likely than men to doubt their ability, with over one in ten (12%) admitting that not knowing where to start the search would limit their ability (as compared to 8% of men).
It's who you know when it comes to finding a lawyer. Americans rely on their friends and family and let their fingers do the walking in their search for a lawyer.
Americans consistently rely on the tried-and-true resources when looking for a lawyer.
Three-quarters of Americans (75%) would rely on their friends and family to be their first resource when trying to find a lawyer.
One-half of Americans (49%) would also turn to their friends and family for information and advice concerning legal matters.
The favored secondary resource in finding a lawyer are the Yellow Pages, used by one-half (50%) of Americans.
More people viewed the Internet as a secondary resource in the search for a lawyer than as a primary resource (34% vs. 2%, respectively). However, the majority (62%) would like to have access to legal resources on the Internet.
Americans of different ages use different resources when finding a lawyer.
People fifty-two and older are less comfortable using the Internet as a resource when looking for a lawyer, with less than one-half (39%) desiring access to legal resources on the Internet compared to approximately seven out of ten in all other age groups.
Conversely, Americans ages twenty-six to twenty-nine are much less likely to utilize the Yellow Pages as a secondary resource for finding a lawyer (49%) than those forty-one to fifty-one years old (52%), who favor them.
It's a matter of trust. Americans overwhelmingly require the element of trust when choosing a lawyer.
Americans rely on their assessment of a lawyer's personal skills when making their choice in legal representation.
Nearly nine out of ten Americans (88%) report that feeling like they can trust a lawyer is important and over one-half (57%) report that they inherently trust their lawyer.
But three-quarters of Americans (72%) agree that it is hard to know who to trust when choosing a lawyer, and one-quarter (25%) reports that not trusting their lawyer would be enough grounds to fire them.
The issue of trust is more important to women, with four out of five agreeing that it is an important criteria (79% as compared to 69% of men), and over three in five (61%) inherently trusting their lawyer (as compared to 52% of men) .
Price and legal experience are also part of the choice equation for selecting a lawyer.
A lawyer's skills and the cost of services also plays an important role in the selection process.
Four out of five Americans consider specialization in a particular field of law (83%) to be important when selecting a lawyer. Approximately seven in ten consider years of experience (77%) and other cases and clients handled (70%) when making their decision.
Women are more concerned with a lawyer's specialization in a particular field than men (62% vs. 54%, respectively).
Almost three out of five (59%) prospective clients consider how much a lawyer charges to be criteria important to their decision. More women (45%) are concerned with price than men (37%).
People associate hiring a lawyer with a number of different events.
Americans anticipate needing a lawyer repeatedly and for different situations over the course of their lifetime.
Almost three-quarters of Americans (71%) anticipate needing a lawyer between one and five times over their lifetime.
Over one-half (57%) agree that everyone should have a lawyer just in case they should ever need their services.
Approximately nine out of ten people believe someone is most likely to retain a lawyer when they are charged with a crime (97%), get a divorce (95%), or are injured (86%).
However, the majority of Americans (52%) does not have a will, and only six percent (6%) believe a lawyer should be retained to make one.
Demographics drive Americans' legal needs.
Men and women hire lawyers equally as often, but anticipate needing a lawyer for different reasons.
Approximately seven out of ten men (70%) and women (66%) have hired a lawyer. However, women are more likely to require a lawyer for financial reasons (like estate planning [55%]), while men are more likely to hire a lawyer for criminal or civil reasons (such as defending them in or against lawsuits [31%], or handling a criminal matter [30%]).
The Great Age Divide: Age plays a role in determining what people hire a lawyer for.
Those in the twenty-six to twenty-nine year old age range are much less likely to hire a lawyer for financial reasons like estate planning (22%) or real estate transactions (30%) than those age fifty-two and older (71% and 56%, respectively).
Legal needs vary by region.
Over one-quarter (27%) of people in the Northeast anticipate needing a lawyer more than five times in their lifetime, as compared to the approximate two out of five in other regions.
Residents of the West exhibit a more relaxed perception of the need for a lawyer, with under three out of ten (26%) of those who have not hired a lawyer anticipating the need for one in the future compared to the approximate two out of five in other regions.
The majority of Americans have been satisfied with their choice of lawyers.
The majority of Americans who have retained a lawyer (69%) were aware of their lawyer's field of expertise. Nearly three out of five (56%) hired a lawyer with specialized practice focus.
Of those who have retained lawyers, three in ten (29%) were extremely happy with their choice. Two-thirds (67%) would hire the same lawyer over again.
Overall, women are more satisfied with their decision than men (32% vs. 24%, respectively). Older people are more likely to be satisfied with their choices, with three out of ten (35%) of those fifty-two and older extremely satisfied with their attorney, compared to one in five (19%) among twenty-six to twenty-nine year olds.
Among those dissatisfied with their choice (9%), three-quarters (75%) were unhappy because their lawyer was not getting the desired results.
Differences by Gender, Age, and Region
Differences by Gender
Women consider more criteria in their decision-making process when choosing a lawyer.
Women are more likely than men to include an assessment of a lawyer's personal characteristics as part of their criteria in choosing a lawyer.
Four out of five women (79%) say it is most important that they feel they can trust their lawyer, while trust is important to a little over two-thirds of men (69%).
The majority of women (61%) report that they inherently trust their lawyer, while men are less trusting (52%).
Two-thirds of women (65%) characterize the recommendation of their friends, family or the community as an important criterion in the lawyer selection process, while a little over one-half of men (54%) value their input.
Over one-third of women (35%) take into consideration how friendly a lawyer is before making their choice, as compared to one-quarter of men (25%).
Women consider specialized knowledge and competitive pricing to be important in their decision-making process.
The majority of women (62%) consider a lawyer's specialization in a particular field of law to be important, compared to a little over one-half of men (54%) .
Concern with how much a lawyer charges for services is also more important to women. Almost half of women (45%) report cost to be an important factor in their decision, while only two out of five men (37%) admit to being concerned with price.
Despite the consideration put into the decision-making process, men and women continue to doubt their ability to choose a lawyer.
Women are more likely than men to have doubts about their own capacity to find a good lawyer, but less likely to admit to having difficulty.
One in ten women (12%) reports that not knowing where to start the search would limit their ability to research their decision (as compared to 8% of men).
Yet one in ten women (9%) says that they do not look for sources for legal information and advice other than a lawyer (as compared to 5% of men).
Less than one-quarter of women agree that they do not know how to find a good lawyer (23%), compared to three out of ten men (29%).
Men and women associate the need for a lawyer with different occasions.
Women are more likely to require a lawyer for financial reasons, while men are more likely to need legal representation in or against lawsuits.
Women are more likely than men to require a lawyer for estate planning (55% vs. 45%) .
On the other hand, men are more likely to require a lawyer for non-financial reasons, such as representation in or against lawsuits (31% vs. 22%), or handling a criminal matter (30% vs. 13%).
Among those who have not hired lawyers but anticipate having to, over one in ten men (11%) anticipate having to hire one to defend them in or against lawsuits, as compared to one-percent (1%) of women.
Women are more satisfied with their choice in lawyers.
Overall, women are more satisfied with their decision, with over three out of ten (32%) reporting being extremely satisfied with their choice, as compared to one-quarter of men (24%).
Differences by Age
The characteristics desired in a lawyer and the resources used to find one who has them vary depending on the age of the prospective client.
Older Americans perceive their days of hiring lawyers as having come and gone.
People forty-one years and older are more likely to have hired a lawyer than their younger counterparts, with approximately seven out of ten having hired a lawyer before (79% and 72%, respectively). Less than two-thirds of people forty and younger have hired a lawyer before (64% and 45%, respectively).
The majority of people fifty-two years and older (74%) do not anticipate hiring a lawyer in the future, as opposed to only one-half (49%) of those between the ages of twenty-six and twenty-nine.
Americans over the age of fifty-two are also much less likely to hire a lawyer with specialized practice focus (29%) than younger prospective clients (65%).
People of different ages rely on different resources to find a lawyer.
Americans ages twenty-six to twenty-nine are much less likely to utilize the Yellow Pages as a secondary resource when finding a lawyer (49%) than those in the age range between thirty to forty (57%) and forty-one to fifty-one (52%), who favor them.
Over one-half (52%) twenty-six to twenty-nine year olds are likely to search the Internet as a secondary resource when looking for a lawyer, as compared to one out of ten (15%) of those fifty-two years and older.
Those over fifty-two years and older are less comfortable using the Internet as a resource when looking for a lawyer, with two out of five (39%) desiring access to legal resources on the Internet (as opposed to approximately seven out of ten in all other age groups).
The need for legal services and experience and satisfaction with lawyers varies with the age of the individual.
The need for a lawyer for certain events changes with the age of the prospective client.
Younger Americans perceive getting married as an event that requires a lawyer to a much greater extent than other age groups (23% vs. 11%, 10%, and 9%, respectively).
However, those in the twenty-six to twenty-nine year old age range are much less likely to hire a lawyer for estate planning or real estate transactions (22% and 30%, respectively) than those over the age of fifty-two (71%and 56%, respectively).
Seven in ten Americans over the age of fifty-two (70%) have a will, compared to one in five (19%) of those ages twenty-six to twenty-nine.
Younger Americans report less experience and satisfaction with lawyers than their older counterparts.
Over one-third (36%) of those between the ages of twenty-six and twenty-nine have hired one lawyer. Only eight-percent (8%) have hired more than three (compared to approximately one in five in all other age groups).
Only one in five (19%) twenty-six to twenty-nine year olds are extremely satisfied with their choice, while over one-third (35%) of those fifty-two and older report extreme satisfaction.
However, four out of five (81%) in the twenty-six to twenty-nine year age range would choose the same lawyer again, compared to approximately two out of three in the other age groups (64%, 67%, and 66%, respectively).
Differences by Region
Certain criteria for choosing a lawyer vary by region.
The West puts much less emphasis on the price of services and amount of experience an attorney has than the other three regions.
A little over one-third of people from the West are concerned with how much a lawyer charges (34%) and the other cases/clients they have handled (35%) as compared to the approximate two out of five who are concerned with these qualifications in the other three regions.
Certain regions favor different methods of finding a lawyer.
Professional referrals play a more important role in decision-making in the West, while traditional research is favored by the South.
People in the West value a professional referral from their financial advisor, either as their primary resource (10%) or secondary resource (45%) to find a lawyer, more than those in the other three regions.
Residents of the South prefer to research by using the Internet as a primary resource (4%) and the Yellow Pages as a secondary resource (55%) to a much greater extent than their counterparts in other regions.
Residents of the four regions have different perceptions of the motivation for and the frequency of their need for a lawyer.
The Northeast consistently anticipates needing a lawyer more often and for more events than any other region.
More than one-quarter (27%) of residents of the Northeast anticipate needing a lawyer more than five times, as compared to the approximate two out of five who anticipate that need in the other three regions.
Over three-quarters of the residents of the Northeast (82%) report being very likely to require a lawyer when they buy a home, as opposed to the one-quarter of residents (22%) in the West.
People in the Northeast also view matters like estate planning (58%) and real estate transactions (65%) as requiring a lawyer to a greater degree than residents in the other three regions.
Residents of the West are less likely to need a lawyer than the other three regions under most circumstances.
Only one-quarter of residents of the West (26%) who have not already hired a lawyer anticipate hiring one in the future, as compared to approximately two out of five residents in the other three regions.
However, residents of the West perceive a greater need for a lawyer to protect or defend them against lawsuits (34%) than people in other regions (approximately one-quarter).
The perceived capability to successfully research and find a good lawyer and maintain a good lawyer/client relationship varies by region.
Residents of the Northeast are much more optimistic about their capacity to research their choices and the quality of their relationship with their lawyer.
Two-thirds of people in the Northeast agree that they inherently trust their lawyer (67%) and that everyone should have a lawyer in case the need for one arises (65%), as compared to the approximate one in two in other regions.
People in the Northeast are more confident that they would not have any problems researching their choices in lawyers (11%) than residents of other regions (7%, 7%, and 5%, respectively).
The Northeast also reports the lowest perception of inability to compare information about different attorneys (23%) among the four regions.
People in the Northeast also appear to have a closer, more stable relationship with their lawyers than those in other regions.
Residents of the Northeast are the most satisfied with their lawyers amongst the four regions, with four out of five (79%) reporting being extremely satisfied with their choice as opposed to the approximate two-thirds in other regions.
The Northeast has the least amount of people who have retained more than three lawyers (16%), and has the highest number (61%) of respondents with a "family lawyer" among the four regions.
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