Having a good lawyer on your side can make a huge difference when dealing with legal issues. The right lawyer knows all the ins and outs of the law, court rules, and procedures. They understand how to best protect your rights and properly handle your case for the best possible outcome.
The wrong lawyer, on the other hand, could make mistakes, miss important details, or just not work hard enough for you. That could end up costing you a lot of money, hassle, and potential losses in court. Finding the right lawyer isn't just about hiring any warm body with a law degree!
A few years ago, my cousin had to hire a lawyer for a serious legal matter. She did very little research upfront and just went with the first name a friend casually recommended. Big mistake! That lawyer turned out to be overworked, disorganized, and made some errors that really set my cousin's case back initially. She ended up having to fire him and start over with someone better. All because she didn't take enough care in finding the right lawyer from the start.
To get the legal representation you deserve, taking your time to carefully research and choose the best lawyer for your particular needs is absolutely crucial. Here are some tips on how to find that ideal lawyer.
Define Exactly What Type of Lawyer You Need
The first step is clarifying exactly what legal field or specialty area your situation falls under. Many lawyers focus on just one or two areas of law, such as:
- Criminal defense
- Personal injury
- Family/divorce
- Bankruptcy
- Immigration
- Estate planning
- Real estate
- Business/contracts
- And many other specialties
You want a lawyer who has deep experience and up-to-date expertise specifically in the area of law related to your legal needs. A criminal defense attorney may not be the best fit if you need someone for a real estate deal. The areas of law can be quite different and complex.
Not only that, but you may want someone more specifically experienced in a niche within that broad area as well. Like a criminal lawyer who focuses specifically on DUI cases versus other crimes. Or an estate planning lawyer whose expertise is in setting up trusts versus general wills.
So get very clear upfront about the precise area of legal help you need. That will allow you to properly target lawyers who specialize in that field. Trying to hire a generalist who dabbles across many areas is usually not the wisest choice.
Ask Friends, Family or Colleagues for Referrals
Once you know the type of lawyer you need, a great first step is asking any friends, family members or close colleagues if they have had a good experience with any lawyers in that specialty area. Personal referrals and word-of-mouth from people you trust can be extremely valuable.
When someone directly shares their positive experience working with a certain lawyer, that insider feedback gives you key insights into that lawyer's:
- Responsiveness and communication skills
- How hard they actually work for their clients
- Their professionalism and ethics
- Their rate of success in settlements/verdicts
- Overall client satisfaction levels
These human factors are crucial in a lawyer, not just their technical credentials on a website. A referral from someone you know provides that qualitative personal perspective.
If anyone refers you to lawyers they didn't love working with, that's good intelligence too! Hear them out on what didn't work so you can weed out and avoid those duds.
Of course, referrals alone shouldn't be your one and only data point. Your needs may be a bit different than the person giving the referral. But starting by hearing about real client experiences gives you a great head start in your search.
Check Lawyer Rating and Review Sites
Once you have some initial options from referrals, the next place to dig deeper is on legal rating and review sites. These allow you to see aggregated feedback from past clients of each lawyer.
Some of the more comprehensive rating sites include:
- Martindale.com
- Lawyers.com
- Avvo.com
- Expertise.com
- Nolo.com
On these sites, you can see each lawyer's overall rating scores out of 5 stars based on client reviews. 3 stars or less is a caution sign, while 4-5 stars indicates that lawyer has a strong track record of satisfied clients.
Not only ratings, but the actual written review comments can be very insightful too. See what common positives or negatives get mentioned for a quick temperature check. Do people highlight the lawyer's attentiveness and results, or warn about missed deadlines and lack of communication?
While you can't take any single online review as gospel, collectively these sites give you a much more comprehensive client satisfaction picture than just looking at a lawyer's own marketing website.
Evaluate Their Credentials, Experience and Focus
With some strong referral and review contenders in mind, those initial qualitative data points let you start digging into the attorneys' hard credentials and particulars:
- How long they've been practicing in their focus area
- Examples of similar cases they've handled
- Percentage of their caseload devoted to that specialty
- Any board certifications, publications or recognition in their field
- Whether they are solo practitioners or part of a larger firm
- Academic and professional credentials (Where'd they go to law school? What was their class rank?)
Ideally, you want someone who has been focused extensively on your particular type of legal need for many years. They'll know all the intricate laws and strategies inside-out versus a generalist giving your issue secondary attention.
With criminal defense lawyers for instance, you may want one that has worked as a public defender or district attorney previously for added insights into that system.
For a business contract dispute, a lawyer who is also a CPA or has an MBA could lend extra financial sophistication.
Also consider whether working with a solo attorney or larger firm is better suited to the scope and complexity of your legal matter.
The longer an attorney has been practicing their specialty, the higher their rate may be - but that experienced focus could be worthwhile if your situation is high-stakes or overly nuanced. This is about finding the right value, not just cheapest rate.
Check for Disciplinary Actions or Conflicts
Unfortunately, not every lawyer has a perfect record of ethical, professional conduct. So it's wise to also check for any public disciplinary actions or ethical violations on record for your prospective lawyers.
Your state bar association should have a database of any past disciplinary proceedings you can search. See if your contenders have ever been reprimanded, suspended, disbarred or had malpractice claims lodged against them. A pattern of many infractions is a definite red flag signaling lack of ethics you'll want to avoid!
Also keep an eye out for any potential conflicts of interest that could undermine the lawyer's ability to solely represent your interests. For instance, if they or their firm has represented an opposing party or interests related to your case in the past.
While a lapse in judgment years ago may not completely disqualify someone, chronic or recent pattern of discipline and conflicts raises serious questions about trustworthiness. You likely don't want to hire one of those types as your advocate!
Interview at Least Your Top 3 Options
With all your research compiled into your top few leading candidates, it's time to actually interview each prospective lawyer before making your final hiring decision. An in-person or phone consultation allows you to get answers to additional questions and get a direct personal feel for the lawyer.
Come prepared with questions like:
- What would your strategy be for handling my specific situation?
- How do you communicate updates with clients as cases proceed?
- What is your pricing structure, timeframe and total estimate for a case like mine?
- What percentage of your practice is focused on this type of legal matter?
- What unique experience or edge do you offer compared to other lawyers?
This consultation lets you further evaluate their:
- Listening skills and ability to understand your needs
- Caliber of their strategic thinking and advice
- Responsiveness and ability to meet your communication expectations
- Overall professionalism, confidence and trustworthiness feeling
Pay close attention too to how the lawyer treats you in the initial consultation. Are they patient, respectful and invested in getting you the best outcome? Or do they seem rushed, distracted or just interested in paying lip service to get your business?
Often your own gut instinct after meeting the lawyer in person can be telling. Go with the attorney who feels like the complete total package - talented and focused, yet still with the right personable temperament you want by your side.
The more high-stakes your legal matter is, the more crucial it is to invest significant time vetting multiple leading options upfront before deciding who to hire. Don't just settle for the first name or cheapest option!
Here's more continuing the blog post:
Set Fee and Representation Expectations Early
Once you've settled on hiring your top lawyer pick, take time upfront to clearly set expectations and get specifics about:
- What is their contingency fee percentage if working on that basis? Make sure it's in line with standard rates.
- If charging hourly rates, understand their full rate schedule - for the lawyer themselves, associates, paralegals etc. Get fee estimates in writing.
- What upfront retainer deposit do they require, if any? How does billing work for replenishing it?
- Confirm they have active malpractice insurance coverage in case problems arise.
- How often will you get status updates on your case's progression? Agree on a communication schedule.
- Who is the main attorney handling your case primarily? What if they go on leave - who is the backup?
- What is their policy on responding to your calls/emails within a certain guaranteed timeframe?
- Are there any foreseeable conflicts of interest you should be aware of upfront?
Getting clear, codified answers to scope, costs and service parameters from the very start helps prevent misunderstandings, surprises or disappointments down the road. If the attorney tries to sidestep any of these details, consider it a red flag!
I know someone who hired a lawyer who started out extremely communicative and hands-on with her case initially. But once the meter was running, she felt like she could never get basic status updates or return calls without bugging them constantly. Setting matters straight upfront avoids grievances like that.
Agree on a Written Fee Agreement
After settling all key fee, billing and client service expectations, it's crucial to get it all formalized in writing via a comprehensive fee agreement contract. This protects both you and the lawyer by cementing your official understanding.
A proper fee agreement should cover:
- Scope of legal services/representation being provided in detail
- Fee structure (contingency, flat, hourly rates etc)
- Any upfront retainer deposit required and how it works
- Billing arrangement if hourly (monthly invoices, expenses, interest on late payments etc)
- Communication obligations (frequency of updates, staff you'll interface with, etc)
- Any rights reserved by the lawyer to terminate services under certain conditions
- Your rights and responsibilities as the client, including being truthful
- Warranty that the lawyer has no known conflicts of interest
- Provisions for file retention, transfer or destruction after the case
- Signatures making the contract legally binding
Do not hire any lawyer unwilling to provide a full, solid fee agreement in writing! A handshake alone with vague understandings is a recipe for mismatched expectations and potential grievances later.
Review every phrase in the agreement carefully to ensure it matches all the assurances and commitments the lawyer verbally made during your consultations too. If any statements or fees seem misaligned, get those discrepancies cleared up before signing anything.
A quality written fee agreement is so crucial because it governs everything in your working relationship with the lawyer. Refer back to it if any issues ever arise about costs, duties or communication lapses. It makes obligations crystal clear on both sides.
Establishing a Strong Working Relationship
With that initial fee agreement serving as the official rulebook, it's then about fostering an effective working relationship and rapport with your newly hired lawyer. You've invested a lot of time vetting them as the ideal advocate for your needs, so make sure that partnership stays productive!
Some keys to setting yourselves up for success:
- Have an open "getting to know you" dialogue about communication preferences. How does the lawyer prefer receiving updates or materials from you?
- Discuss your roles and responsibilities. The lawyer drives the legal strategy, but they need you to be a responsive, organized client partner.
- Be prepared for each meeting by having questions/materials ready in advance. Don't waste their time.
- Follow through on all information or action items they request from you in a timely manner.
- Be fully transparent. Don't hold any important facts back, even if you think they could be damaging. Lawyers need all information to represent you properly.
- Avoid unproductive venting or ranting. Stick to objective facts and focus on developing a collaborative case strategy together.
- Respect their expertise, but also feel empowered to get clarification on any aspects you don't fully understand. Ask questions!
- Be a calming force if emotionally-charged topics arise. Don't let emotions spark conflicts detrimental to your representation.
The attorney-client relationship needs to be a true partnership of mutual trust and respect. You're both working toward the same mission of achieving the best possible outcome for your legal matter.
When to Consider Changing Lawyers
Even after great vetting and efforts to work cooperatively together, there can sometimes still be breakdowns or realizations that a particular lawyer isn't the ideal fit for representing you. Some signs it may be time to make a change:
- There are unreasonable and persistent delays in moving your case forward with no good explanation
- You have frequent miscommunication issues or frustrations with lack of updates
- Missed deadlines or careless mistakes are putting your interests at risk
- There are obvious signs of incompetence, overwork or lack of attention to your matter
- Your fee agreement specifics keep getting violated with no resolution
- You've lost all comfort level, trust or confidence in this particular lawyer's abilities
However, give the benefit of the doubt for simple human error hiccups as long as they get promptly corrected. Established lawyers are human and can have an off day. But a defined pattern of issues is far more concerning.
If you do opt to seek new representation, do so in a comprehensive yet professional manner:
- Put the request in writing to formally document your reasoning
- Ask for an itemized account of services rendered and fees/costs owed
- Provide the new mailing address to transfer your full case file contents
- Thank them for their services to date and wish them well - no burning bridges
- Consult your state's bar association rules about properly facilitating the transition
Making a lawyer transition midstream is rarely an easy decision. But ultimately, your rights and interests should take priority over subjecting yourself to substandard representation that could jeopardize your overall legal matter.
I fired one lawyer years ago who constantly missed deadlines and failed to return calls for weeks at a time updating me on my case status. While disruptive temporarily, moving to an organized, responsive new lawyer provided way better service!
Advice for Finding the Right Lawyer
Finding a lawyer you can wholeheartedly trust with your important legal matter requires thorough due diligence and investing time into carefully vetting all your options upfront before deciding.
But doing that work pays off hugely in the end by ensuring you have a skilled, focused and ethical legal advocate providing you the attentive, effective representation you absolutely deserve.
Above all, look for responsiveness, relevant expertise, strong references and a fee structure you're comfortable with. But also weigh professionalism, communication skills and overall rapport too.
The ideal lawyer feels like a true partnership - someone you can be fully transparent with, who takes a vested interest in putting your needs as the top priority in navigating your legal issues successfully together.
Investing the effort to find that caliber of lawyer may seem tedious initially, but provides immense value by having the right representation on your side when you need it most. It's worth the work to hire an attorney you can have complete faith in!
