Robert E. Davis
Attorney at Law



Frequenty Asked Questions of Attorneys

Q: How do I locate a lawyer?
A:
The best advice is informed and impartial, and comes from someone who knows what he or she is talking about, or from someone who does not have a bias that would influence the recommendation of a lawyer.

The first question that you need to answer in looking for a lawyer is what kind of legal problem you have. No lawyer is an expert in every field of law, and many have chosen to limit their practice of law to one or more areas. So it is important that you find a lawyer who is able to handle your particular type of problem.

It is often helpful to obtain advice from relatives, friends, acquaintances, someone with whom you work, or other lawyers. When you ask such people to help you find a lawyer, be sure to explain to them the type of legal problem that you have. If they had a similar type of problem and were satisfied with their lawyer, you might want to consult that lawyer. On the other hand, if their problem was different than yours but they were pleased with their lawyer, that lawyer may be able to help you with your problem or to recommend another lawyer who could help you. In seeking advice about finding a lawyer, be sure that the people who advise you do not have some selfish reason for recommending one lawyer over another.


Q: How will I determine whether I want to hire a specific lawyer?
A:
Many lawyers are willing to meet with you briefly without charge so the two of you can get acquainted. During (or soon after) this first meeting, you can decide whether you want to hire that lawyer. Many people feel nervous or intimidated when meeting lawyers, but remember that you are the one doing the hiring, and what's most important is that you are satisfied with what you're getting for your money. Before you make any hiring decisions, you might want to ask certain questions to aid in your evaluation.


Q: What sort of questions should I ask? 
A: Ask about the lawyer's experience and areas of practice. How long has the lawyer and the firm been practicing law? What kinds of legal problems does the lawyer handle most often? Are most clients individuals or businesses?


Q: Should I ask about the possible outcome of the case?
 
A: Certainly, but beware of any lawyer who guarantees a big settlement or assures a victory in court. Remember that there are at least two sides to every legal issue and many factors can affect its resolution. Ask for the lawyer's opinion of your case's strengths and weaknesses. Will the lawyer most likely settle your case out of court or is it likely that the case will go to trial? What are the advantages and disadvantages of settlement? Of going to trial? What kind of experience does the lawyer have in trial work? If you lose at the trial, will the lawyer be willing to appeal the decision?


Q: Should I ask if and how I can help with my case? 
A: Yes. It is often in your interest to participate actively in your case. When you hire a lawyer, you are paying for legal advice. Your lawyer should make no major decision about whether and how to go on with the case without your permission. Pay special attention to whether the lawyer seems willing and able to explain the case to you and answers your questions clearly and completely. Also ask what information will be supplied to you. How, and how often, will the lawyer keep you informed about the progress of your case? Will the lawyer send you copies of any of the documents that have to do with your case? Can you help keep fees down by gathering documents or otherwise assisting the effort?


Q: Is it proper to ask the lawyer if anyone else will be working on my case? 
A: Since you are the one paying the bill, it is well within your rights. Ask if nonlawyers, such as paralegals or law clerks, will be used in researching or preparing the case. If so, will there be separate charges for their services? Who will be consulted if the lawyer is unsure about some aspects of your case? Will the lawyer recommend another attorney or firm if this one is unable to handle your case?


Q: Should I ask what will happen if the lawyer and I disagree? 

A: Yes, your first meeting is the best time to ask about resolving potential problems. Find out if the lawyer will agree to binding arbitration if a serious dispute arises between the two of you. Most state bar associations have arbitration committees that, for a fee, will settle disputes that you and your lawyer may have, say over expenses. By agreeing to binding arbitration, both you and the lawyer consent to present your cases to an outside panel and abide by its decision. 


Q: What should I ask about fees and costs? 
A: How are fees charged--by the hour, by the case, or by the amount won? About how much money will be required to handle the case from start to finish? When must you pay the bill? Can you pay it in installments? Ask for a written statement showing specific services rendered and the charge for each.
 




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