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When Should I See A Lawyer?
It is not possible in this pamphlet to set out every circumstance under
which you might require the services of a lawyer.
To prevent problems from occurring in the future, the most commonly recommended
instances to consult a lawyer are:
- Real estate transactions, such as buying or selling a house;
- Making a will or planning your estate;
- Family matters, such as divorce or adoption;
- Starting or buying a business.
After problems arise, you should consult a lawyer when:
- You are arrested or accused of a crime;
- A lawsuit is brought against you;
- You are unable to resolve issues with a government agency, such as tax,
immigration, social security, workers compensation or veteran's or pension
benefits;
- Someone does not satisfactorily perform work or serves or fails to honor
guarantees or warranties. These service providers could include professionals
such as lawyers, accountants and doctors, as well as others; and
- Someone refuses to pay you funds to which you believe you are entitled,
or tries to collect funds you believe you don't owe.
Under appropriate circumstances, reputable bankers, accountants, real
estate salespersons, tax firms, investment counselors, the Better Business
Bureau, federal, state and local government agencies, and others can provide
valuable assistance. The important thing is that you consult a lawyer if
a lawyer can be of help.
Most lawyers have a fee for a first office visit that is within the financial
means of most people. This visit does not obligate you to hire the lawyer.
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What If I Cannot Afford A Lawyer?
You will not know whether or not you can afford a lawyer until you have
called a lawyer's office or visited with a lawyer.
If you have very modest or low income, there is likely a legal aid or
legal services office nearby that can help you. These offices provide attorneys
at low or no fee to eligible persons with low incomes.
To locate the nearest legal aid office, call directory assistance, your
local bar association, or the State Bar of Texas in Austin at 1-800-204-2222
ext. 2155. If you are accused of a crime and cannot afford an attorney may
ask the judge to appoint a lawyer to represent you.
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How Do I Find The Name Of A Lawyer?
There are many ways to get the names of some lawyers:
- Ask a friend, especially one who has had a problem like yours, for the
name of his or her lawyer;
- Ask a professional person, such as a doctor, minister, social worker,
banker, or business person whom you know and trust;
- Call your local bar association lawyer referral service. If there is
no lawyer referral service in your area, call toll-free 1-877-9TEXBAR from
anywhere in Texas to reach the statewide Lawyer Referral Service;
- Visit your local library. Many libraries have law directories, such
as the Texas Legal Directory or Martindale-Hubbell, which give a brief biography
of lawyers practicing in your area and elsewhere; and
- Telephone directories contain listings of attorneys in your area. Some
attorneys will list the areas of law in which they prefer to practice. Others
show themselves as being "board certified" in one or more specific areas
of law, which means that the lawyer has met certain criteria established
by the Texas Board of Legal Specialization.
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How Do I Choose A Lawyer?
Before you make an appointment to see a lawyer, call the offices of the
lawyers on your list. Find out with whom you are speaking, briefly explain
your legal problem and ask:
- Does the lawyer have experience with this kind of problem?
- Does the lawyer charge for an initial interview? If so, what is the
charge?
- If you believe your problem is routine: Does the lawyer have a standard
fee for this kind of problem? What does the fee cover?
- If your problem is more complicated or the lawyer does not have a standard
fee: What is the lawyer's hourly fee?
- Does the lawyer provide a written agreement describing fees and services
provided for the fees?
Keep a list of the information and think about the answers you receive
from the lawyers or their office representatives. Then call back to make
an appointment with the lawyer whose answers satisfied you most.
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How Do I Prepare And What Should I Take To
The First Interview?
Plan to go to the first interview with an open mind. You do not have
to decide to employ the lawyer with whom you are interviewing until you
have had time to think about the interview.
When you go to your initial meeting, it is important to have with you:
a written summary or detailed notes outlining your problem, and include
- Names, addresses and phone numbers of all persons or companies involved;
and
- All documents which are part of your case, including those you may have
received from a lawyer or a court, receipts, contracts, medical bills, repair
estimates, checks, etc. Some lawyers may ask you to deliver written materials
in advance of your first interview in order to have adequate time to review
them. You may prefer to provide copies at the initial interview.
Prepare a list of questions for the lawyer, such as:
- Are you specialized and/or experienced in my type of problem?
- Will you or one of your associates be handling my case?
- Will you regularly contact me about my case's status?
- Will I be provided with copies of all important documents, and will
there be a charge for those documents?
- Will I be able to make the final decision on my case?
- What is your estimate of time needed to complete my case?
REMEMBER: When you hire a lawyer, the lawyer will be working for
you. He or she should be genuinely interested in your problem and in giving
you the best possible advice. The lawyer may not be able to accomplish everything
you wish because of the facts or the laws that apply in your case. Many
times the best advice a lawyer can give will be to avoid court action. He
or she may suggest other methods to resolve your matter, such as mediation.
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What Should I Expect Of My Lawyer And What
Will He Or She Expect Of Me?
Here are a few tips about what to expect from your lawyer:
Your lawyer should
- Give you frank, honest advice;
- Tell you the strong and weak points of your case;
- Keep you informed and follow your instructions, within the bounds of
the law;
- Protect and defend you (his or her principal duty!). He or she should
not make any agreements or take on any obligation which might jeopardize
your rights or interests;
- While representing you, not represent any other client whose interests
conflict with yours;
- Provide you, if you ask, with copies of all letters and documents involved
in your case;
- Provide an itemized bill of all work done for you and all expenses incurred
on your behalf.
Here are a few tips about what your lawyer will expect of you:
- The lawyer will expect you
- To be prompt for court dates and appointments;
- To let him or her know how to keep in touch with you. If you have a
change of address or phone number or place of employment, let your lawyer
know; and
- To be completely honest -- even if it is embarrassing to tell the truth
about your problem. Remember, what you tell a lawyer in private will be
kept confidential. Even confessions to past crimes or criminal activity
are going to be treated as confidential by your lawyer. The only exception
to this rule of strict confidentiality are plans for future crimes and continuing
criminal activity.
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How Much Will The Lawyer Charge Me For His
Or Her Services?
The lawyer's fee depends upon many variables, such as amount of time,
the difficulty of the work, the skill required, the customary fee in your
area for similar work, the experience, reputation and ability of the lawyer,
and whether the fee is a set amount or contingent on the outcome of the
case. Some fee arrangements are:
Flat fee: the lawyer may quote you a set amount or standard fee that
he or she has arrived at for your type of legal problem. In addition, lawyers
usually expect you to pay court costs and to reimburse them for out-of-pocket
expenses, such as travel or copying expenses. It is important that you find
out what any fixed fee covers.
Hourly fee: A lawyer may prefer to bill you by the hour. Such fees may
vary widely depending upon the complexity of the legal work, the skill of
the lawyer and whether there are time deadlines. You may wish to try to
negotiate with a lawyer on his or her hourly rates. If you agree to an hourly
arrangement, you and the lawyer could include a provision in your contract
requiring the lawyer not to exceed a specified amount of time or money without
obtaining your permission. Insist that you be kept advised every month of
the number of hours that the lawyer is spending on your problem. You also
have the right to ask for a written explanation of what the lawyer did during
the hours he or she worked on your case.
Retainer: Some lawyers also require an advance fee called a retainer.
Ask the attorney what this covers. Occasionally, the retainer is a flat
fee that will cover the lawyer's services regardless of the amount of time
the lawyer spends working for you. So, it is important to ask whether there
will be a refund if the attorney does not spend as much time on the problem
as provided for by the retainer.
Questions about fees that you may want to ask are:
- Can you give me an estimate of how much this legal matter will cost?
- Can we have a written fee agreement that sets forth not only my obligation
to pay you, but also exactly what services you will provide?
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How Should I Make My Decision To Hire A Lawyer?
Based on your first interview, you should consider the following factors
before agreeing to hire a lawyer:
- Could you communicate effectively with the lawyer? Was the lawyer clear
and easy to understand?
- Are fees reasonable in comparison with other lawyers' charges?
- Did the lawyer give clear explanations of how he or she will let you
know about progress in your case?
- If you are not satisfied with this lawyer, do not hire him or her. Look
elsewhere for legal help.
Before you finally sign a contract with a lawyer, READ THE CONTRACT.
MAKE SURE YOU UNDERSTAND IT. MAKE SURE THAT EVERYTHING YOU AND THE LAWYER
HAVE AGREED TO IS IN WRITING.)
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What If I Have A Problem With My Lawyer?
If you have a problem with your lawyer, you should first discuss it with
him or her. Try to work out any problems. If the problems cannot be worked
out, it is your right to fire your lawyer and to hire someone else to represent
you.
If the situation occurs before your legal problem is settled, you should
expect to pay a portion of the fee to the lawyer for time already spent.
The lawyer has an obligation to return your file.
If you believe your lawyer has not acted in your best interests and has
thereby done something illegal or unethical, you may wish to file a grievance
against your lawyer. In such circumstances, contact your local bar association
or the State Bar of Texas in Austin at 1-800-932-1900.
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Revised 2002
This information is not intended to be a substitute for the legal
advice of a licensed attorney. If you have any questions regarding a particular
issue or topic we suggest you seek legal counsel.
The above information is adapted from the brochure "How to Select
A Lawyer" prepared by the State Bar of Texas Public Affairs Committee and
published by the State Bar of Texas. Contact Tammi
Sweet at the State Bar of Texas at 1-800-204-2222 ext. 2610 for a copy
of the publication.
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