| 1. Get organized. Prepare detailed written notes | | | | accomplish everything you wish because of the facts |
| outlining your legal problem or questions. Provide the | | | | or the laws that apply in your case. Many times the |
| lawyer all the details, and let he or she decide what is | | | | best advice an attorney can give will be to avoid |
| important to your case. | | | | court action. He or she may suggest other methods |
| 2. Complete and honest disclosure of all facts. It is | | | | to resolve your matter, such as mediation. |
| very important that you provide a complete and | | | | WHAT SHOULD I EXPECT OF MY ATTORNEY? |
| honest description of your problem, including | | | | Here are a few tips about what to expect from your |
| information that may be favorable, unfavorable, or | | | | attorney. Your attorney should: |
| embarrassing. Leaving out a minor fact or detail could | | | | 1. Give you candid, honest advice; |
| have a huge negative impact on your case. Only if | | | | 2. Tell you the strong and weak points of your case; |
| you fully disclose the facts about your situation can | | | | this includes potential outcomes based on facts and |
| an attorney properly advise you. Remember that | | | | your instructions on how to proceed |
| there are strict rules that require an attorney to | | | | 3. Keep you informed and follow your instructions, |
| keep your information confidential. | | | | within the bounds of the law; |
| 3. Discuss fees. Your attorney will be ready to | | | | 4. Protect and defend you to the best of his or her |
| discuss fees at the first meeting, and you should be | | | | ability and to the fullest extent of the law; |
| ready to do the same. You can and should negotiate | | | | 5. While representing you, not represent any other |
| fees and discuss payment plans with your attorney. | | | | client whose interests conflict with yours; |
| Get your agreement in writing and keep a copy for | | | | 6. Provide you, if you ask, with copies of all letters |
| your file. Most disputes about fees happen because | | | | and documents involved in your case; |
| there is no written record of an agreement. | | | | 7. Provide an itemized bill of all work done for you |
| 4. Ask a lawyer questions. In order for your attorney | | | | and all expenses incurred on your behalf. |
| to serve you better, you must understand all aspects | | | | WHAT WILL MY ATTORNEY EXPECT OF ME? |
| of your case and the legal process. Understanding the | | | | The attorney will expect you to: |
| process will help you understand how the lawyer is | | | | 1. Be prompt for court dates and appointments; |
| working and what type of information is needed on | | | | 2. Let him or her know how to keep in touch with |
| your case. But remember, you are paying for your | | | | you. If you have a change of address or phone |
| attorney's time. It is more cost effective to ask | | | | number or place of employment, let your attorney |
| several questions at once instead of calling your | | | | know; and |
| attorney every time one question comes to mind. | | | | 3. Be completely honest -- even if it is embarrassing |
| You may be charged for each call depending on your | | | | to tell the truth about your problem. |
| fee agreement. | | | | Remember, what you tell an attorney in private will |
| 5. Understand what you sign. Before you sign a | | | | be kept confidential. Even confessions to past crimes |
| document, ask your attorney to fully explain to your | | | | or criminal activity are going to be treated as |
| satisfaction any document. What can be clear and | | | | confidential by your attorney. Exceptions to this rule |
| routine to an attorney can be confusing to people | | | | of strict confidentiality are plans for future crimes and |
| without formal legal training. | | | | continuing criminal activity or if the attorney believes |
| 6. Keep your own records. Ask for copies of all | | | | that you have or will cause injury to a child. |
| letters and documents prepared on your case. You | | | | Attorneys are required by law to report suspected |
| should also keep the written fee agreement between | | | | child abuse. |
| you and your attorney in the file. You may have to | | | | 4. Not withhold any important information during the |
| access this information at some point in the future so | | | | conversation that could be potentially damaging to |
| it is important to maintain records. | | | | your situation. A common tactic is for the other |
| 7. Legal advice. Give careful and thoughtful | | | | party to discredit you. Therefore, it is crucial that you |
| consideration to what your attorney advises. The | | | | fully disclose anything you can think of that could be |
| attorney's judgments are based on legal training and | | | | used against you later on in the proceedings. |
| experience. Remember that lawyers cannot work | | | | Understand that even with the weight of the facts |
| magic. No attorney wins every case, and sometimes | | | | on your side, the situation could change if information |
| the best legal advice may not be what you want to | | | | comes out later that gives the advantage to the |
| hear. Your attorney will provide advice that has your | | | | other party, because this information was not |
| best legal interests in mind. The central focus of any | | | | disclosed earlier to the lawyer. |
| case is the facts. Each side will have facts that | | | | HOW MUCH WILL THE ATTORNEY CHARGE ME |
| contribute to the outcome of the case. It is the | | | | FOR HIS OR HER SERVICES? |
| lawyer's responsibility to make you aware of the | | | | The attorney's fee depends upon many variables, |
| potential outcome of your case based on the facts. | | | | such as amount of time, the difficulty of the work, |
| HOW DO I PREPARE AND WHAT SHOULD I TAKE | | | | the skill required, the customary fee in your area for |
| TO THE FIRST INTERVIEW? | | | | similar work, the experience, reputation and ability of |
| Plan to go to the first interview with an open mind. | | | | the attorney, and whether the fee is a set amount |
| You do not have to decide to employ the attorney | | | | or contingent on the outcome of the case. |
| with whom you are interviewing until you have had | | | | Some examples of fee arrangements include: |
| time to think about the interview and your | | | | Flat fee: The attorney may quote you a set amount |
| experience in communicating with the lawyer. | | | | or standard fee that he or she has arrived at for |
| When you go to your initial consultation, it is | | | | your type of legal problem. An example of a legal |
| important to have with you a written summary, or | | | | problem that could be covered in a flat-fee matter is |
| detailed notes outlining your problem. The notes or | | | | an uncontested divorce without children or a simple |
| summary should include: | | | | will. In addition, lawyers usually expect you to pay |
| 1. Names, addresses and phone numbers of all | | | | court costs and to reimburse them for out-of-pocket |
| persons or companies involved | | | | expenses, such as travel, long distance, postage, |
| 2. All documents which are part of your case, | | | | courier, or copying expenses. It is important that you |
| includinga. Documents you have received from | | | | find out what any fixed fee covers. |
| another attorneyb. Documents you have received | | | | Hourly fee: An attorney may prefer to bill you by the |
| from a courtc. Journalsd. Written Correspondence | | | | hour and collect an initial retainer. Such fees may vary |
| (includes emails)e. Receiptsf. Contractsg. Medical billsh. | | | | widely depending upon the complexity of the legal |
| Repair estimatesi. Checks, etc.j. Picturesk. Written | | | | work, the skill of the attorney and whether there are |
| notes detailing the history of your situation | | | | time deadlines. If you agree to an hourly |
| The attorney may ask you to deliver written | | | | arrangement, you and the attorney could include a |
| materials in advance of your first interview in order | | | | provision in your contract requiring the attorney not |
| to have adequate time to review them. You may | | | | to exceed a specified amount of time or money |
| prefer to provide copies rather than originals at the | | | | without obtaining your permission. Insist that you be |
| initial interview. Remember that all lawyers are | | | | kept advised every month of the number of hours |
| subject to attorney-client privilege and therefore, | | | | that the attorney is spending on your problem. You |
| must maintain any information in strict confidence. | | | | also have the right to ask for a written explanation |
| Next, prepare a list of questions for the attorney, | | | | of what the attorney did during the hours he or she |
| such as: | | | | worked on your case. |
| 1. Are you specialized and/or experienced in my type | | | | Questions about fees that you may want to ask are: |
| of problem? | | | | 1. Can you give me an estimate of how much this |
| 2. Will you or one of your associates be handling my | | | | legal matter will cost? |
| case? | | | | 2. Can we have a written fee agreement that sets |
| 3. Will you regularly contact me about the status of | | | | forth not only my obligation to pay you, but also |
| my case? | | | | exactly what services you will provide? |
| 4. Will I be provided with copies of all important | | | | HOW SHOULD I MAKE MY DECISION TO HIRE AN |
| documents, and will there be a charge for those | | | | ATTORNEY? |
| documents? | | | | Based on your first interview, you should consider |
| 5. Will I be able to make the final decision on my | | | | the following factors before agreeing to hire an |
| case? | | | | attorney: |
| 6. What is your estimate of time needed to | | | | 1. Could you communicate effectively with the |
| complete my case? | | | | attorney? |
| 7. What is the hourly billable rate? | | | | 2. Was the attorney clear and easy to understand? |
| 8. What amount of retainer is required to request | | | | 3. Are fees reasonable in comparison with other |
| your services? | | | | lawyers' charges? |
| REMEMBER: When you hire an attorney, the attorney | | | | 4. Did the attorney give clear explanations of how he |
| will be working for you. He or she should be genuinely | | | | or she will let you know about progress in your case? |
| interested in your problem and in giving you the best | | | | 5. If you are not satisfied with this attorney, do not |
| possible advice. The attorney may not be able to | | | | hire him or her. Look elsewhere for legal help. |