Do I Need A Lawyer

One of the most often asked questions about lawyers is... do I really need one? And then, if I need one, how do I find the right one for me?

Those really aren't easy questions ...and in fact there are a number of answers.

So, when do you need a lawyer? That really depends. Abraham Lincoln once said that a man who has himself as a client has a fool for a lawyer. That would seem to at least infer that whenever you find yourself in a situation where (1) the other side is represented; or (2) the stakes are higher than you are willing to risk. Sometimes the help you may need is basic advice or assistance in negotiating a controversy which may very well cost very little.

We believe a common example of when people are taken advantage of is when a person is a victim of a motor vehicle collision, medical malpractice or other similar circumstances involving physical and financial injury. Must you have a lawyer to resolve the claim? Of course not ...you can always deal directly with a professional insurance company adjuster and settle your claim yourself. Will you get all that you are entitled to - we don’t believe so. You have to remember, insurance company representatives are paid to pay out as little as they can and save the insurance company as much money as they can. If you have a lawyer representing you, his or her job is to make sure the claim is presented in a way that will ensure the client gets the maximum recovery and everything the client is legally entitled to receive.

There are a multitude of areas where we believe competent legal assistance is a necessity. Those areas include: (1) whenever you purchase or sell a home or other real estate; (2) before you enter into any contract or lease, especially those with significant legal consequences or are high dollar or long term agreements or commitments; (3) tax matters; (4) divorce, adoption, legitimation, or other domestic relations matters; (4) starting, purchasing or selling a business, incorporating or forming legal entities or business relationships; and (5) wills and estates.

Believe it or not, we’re sometimes asked about form books and other materials available in book stores or office supply stores, and increasingly we are asked about information available on the internet. Sometimes they're effective - other times you get what you pay for, and again, it’s a matter of how important what you're trying to do is. A will, for example, can be as simple as fill in the blanks on one of the forms, but you need to make sure you do everything right or it may cause your heirs problems later, and that's exactly what you were trying to avoid by leaving a will in the first place. The average cost of a simple will (usually estates worth less than tax exemption amount) in this area is about $225.00 to $300.00 and it usually includes additional documents including a Living Will (a document that expresses your desires regarding life support) and durable health care power of attorney.

Cost is always a consideration, but back to Abe Lincoln who said, A lawyer’s advice is his stock in trade”. The average hourly cost of a lawyer's time in this area is between $165.00 and $225.00 per hour (of course you may be able to locate a lawyer who will charge you less - and certainly there are many who charge more). Lawyers are expensive and you really need to consider why you think you need a lawyer and what you are willing to invest to achieve your goal. One thing to keep in mind in the event you decide to retain an attorney is that oftentimes you just see the end result - the 3 or 4 page contract or the multi-page settlement agreement. That document or set of documents was probably the result of a considerable amount of time and energy on the part of the lawyer, and oftentimes his or her staff. Contrary to some beliefs, you usually can’t just push a button and have the right documents come flowing off your word processor. If you decide to hire a lawyer, and the type of matter will result in an hourly fee, ask for an estimate of the time and charges. Usually the lawyer will be able to give you some ballpark range of what the matter will cost. If you’re involved in litigation (a lawsuit) it can be quite difficult to determine what the costs will be because you can’t always tell what type of posture the other side will be taking, but the lawyer should be able to give you the benefit of his or her experience and give you some parameters within which you can plan and budget.

Remember too, not all types of cases are handled with an hourly billing. Personal injury cases (accidents), malpractice and some types of collection matters are handled on a contingency (a percentage) fee basis. In a contingency fee, the client pays a percentage of whatever the lawyer collects for them ...if he or she collects nothing ...the lawyer gets nothing.

Once you’ve decided that you need a lawyer - how do you find one? And once you’ve found one - how do you know that it’s the right one for you?

Most lawyers rely on referrals. The best source to help you find a good lawyer is not on TV, not in the yellow pages and not by someone sending you a letter or calling you because they found out you were in an accident. Ask your family members and friends ...don't stop at one ...ask several. If the same name comes up more than once, and the things that are said are good, that's probably a good place to start.

Meet with the attorney. In my opinion, if the lawyer won't give you a no-cost, initial appointment to discuss your case and decide if each of you is comfortable with the other and the case, you probably called the wrong lawyer. Most lawyers I know will give you a free 30 minute consultation. If they won't, I would recommend that you stay away from them unless they are so highly skilled in a particular area of the law that you don’t have much a choice. Some of those areas are complicated tax matters, financial planning, securities law, maritime law, and environmental law.

During your initial meeting with the lawyer, make sure you are comfortable. Ask questions about other cases the lawyer has handled to make yourself comfortable that he or she has handled these types of cases before and make sure you are comfortable with the way he or she handles these matters. Make sure you discuss the costs. Nobody likes to discuss money, but you need to be sure that you understand how much you are going to pay and when you have to pay it.

There are lots of lawyers out there. When you select a lawyer - select wisely. Don’t hesitate to call the State Bar and ask about the lawyer. Don’t be afraid to ask questions. You and the lawyer you select are likely to be entering into a relatively long term relationship. Do everything you can do up front to make sure that relationship is going to be beneficial for both of you.