How to Hire the Right Lawyer

Jennifer E. King for lawyers.com

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If you're like the average American, you may only hire an attorney a few times in your lifetime, and it's unlikely you have an ongoing business relationship with a lawyer. So when faced with a legal need, the task of hiring an attorney can be intimidating. Here are a few steps you can take to ensure you hire the right attorney.

Do Your Research

There are several sources you can use to find an attorney, including personal recommendations, legal directories such as Lawyers.com, local bar associations and advertisements. Smart consumers will do some research before making contacting a lawyer.

Ask trustworthy friends or business colleagues if they have previously used an attorney they would recommend. You may not want to share your reasons for needing to hire a lawyer, but know what kind of lawyer you need to hire--tax, real estate, criminal, divorce, estates, etc.--so people can give you appropriate recommendations. Also, call your state or city bar association, which may be able to refer you to appropriate lawyers. (However, these referrals should not be confused with endorsements. The bar association usually just has a list of attorneys who have indicated that they're willing to receive referrals.) Finally, check legal directories, such as Lawyers.com, for the names of attorneys with expertise relevant to your legal needs. Lawyers.com also features lawyer-written articles and a message board, which will give you a feel for an attorney's level of expertise and communications style. You'll also find more detailed attorney hiring guides, broken down by area of law, at http://research.lawyers.com/Attorney-Client-Relationship.html.

Clearly Communicate Your Problem

Before you start getting recommendations, or placing calls to prospective lawyers, find a way to briefly describe--in one or two sentences--your reason for needing a lawyer. For example, "I recently got married and we want to draw up a new will," or, "I was injured in an auto accident, and the driver of the car who hit me is refusing to pay for my medical bills." Once you decide to hire a lawyer, you'll have the opportunity to share additional details.

Find the Right Type of Lawyer

Not all lawyers are interchangeable. Just as you wouldn't ask your cardiologist to set a broken bone, not all lawyers practice in all areas of the law. In general, the larger a metropolitan area, the more likely you'll be able to find a lawyer who specializes in your exact legal need. But that doesn't mean you're out of luck if you live in a more rural setting. However, your choices may be a bit more limited, and the attorney you hire may be a generalist who is accustomed to dealing with range of legal problems. If you live in a rural area but have complex legal needs, consider looking in larger cities for more specialized lawyers.

Also, decide what level of service and skill you require. If you have a simple legal problem, you may be able to use a more moderately priced lawyer. If you have a legal problem of life-and-death importance, you probably want to spend more money to hire a more skilled attorney.

Explain Your Goals and Budget

Once you've identified several potential attorneys, call or email the lawyers, give a brief description of your legal problem, and schedule an appointment for a consultation. (For simpler legal needs, you may only need to talk to one attorney. But for more complex problems, talk to several lawyers before deciding which one to hire.) This consultation, which may be free, will be your opportunity to describe your legal problem in more detail, ask the lawyer about his or her experience with this type of legal work, get a quick assessment of the likelihood of solving your problem, and also talk about the legal costs. Most lawyers charge for their work in one of three ways:

• Hourly rate: Under the hourly rate, you'll be charged for every hour (and every minute) the lawyer is working on your problem. Hourly rates are often used for legal work that includes unpredictable elements. For example, if your attorney is negotiating your employment contract, it may take more or less time depending on how amenable the company is to your requests, and how many times the contract has to be redrafted. If your attorney charges an hourly rate, ask about estimated costs (both the hourly fee and additional expenses), and let the attorney know how much you can afford to spend.
• Flat fee: For predictable legal work--such as business incorporation or a real-estate closing--many lawyers charge a flat fee or fixed rate, because they can predict with a high degree of certainty how long it will take to finish the project. The advantage of a flat fee is that you know exactly how much you'll be spending. However, not every lawyer does flat-fee work, and lawyers may not offer flat fees for all types of legal work.
• Contingency fee: A contingency fee is most often used when you are suing another party and expect to settle the case or receive a cash award if the case goes to trial. Under a contingency-fee agreement, you give your attorney a percentage of the money you receive from the lawsuit. (The attorney's expenses, for things such as court filing fees and photocopying expenses, may be billed separately, and you may still be responsible for these expenses even if you lose the case.) A contingency fee encourages your attorney to do his or her best to win your lawsuit, since the attorney will also benefit financially from that win. Before agreeing to a contingency fee, however, ask your attorney how much it would cost you if you paid an hourly rate for his services. (Understanding, of course, you'll pay the hourly fee regardless of whether you win or lose your lawsuit.)

Hire the Attorney and Sign a Retainer Agreement