Grand Junction Attorney
Questions You Must Ask Prior to Retaining an Attorney
When should you retain an attorney?
Potential clients should retain an attorney for any of the following reasons:
If they have been served with papers naming them as defendants in a lawsuit
If they have been charged with a felony
If they are experiencing substantial harm or if the person suing them has a lawyer
If they wish to adopt a child
If their insurance coverage is less than the amount a third party is claiming as a result of their negligence
If they are creating a will or changing it
If someone with whom they are involved in a business setting breaches contract
Questions you MUST ask when retaining an attorney:
There are several purposes to this process. First, it allows you to determine the level of experience not just in the specialty pertaining to their problem, but also whether the lawyer has had previously solved a similar problem for another client. Second, you will discover how well you and the attorney communicate with one another. Third, you can determine whether or not the attorney can devote sufficient resources, such as a support staff, to your case.
Consumer Reports suggests that the following questions be asked during an interview with any attorney you are considering retaining:
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How many years of experience do you have and how have you handled similar disputes in the past?
How long will you expect it to take to resolve this matter?
How often will I be billed, and how are billing disputes resolved?
Can you give me a written estimate?
Do you charge a flat or an hourly rate and how much?
What's a reasonable approximation regarding the total bill?
Will any of your associates or paralegals, be working on my case?
How will I be informed of what is happening as the case proceeds?
Are there any other expenses besides your fee and how are they calculated?
What are the possible results (or consequences) from pursuing a matter?
Can a portion of the work be performed by staff members at a reduced rate?
What unforeseen events may increase the amount you charge?
If you charge on a contingency basis, what percentage of the amount I recover will be paid to you as your fee?
What additional information will you be needing from me?
Can I contribute to some of the work in order to reduce my bill?
FREQUENTLY ASKED QUESTIONS ABOUT LEGAL MATTERS
SHOULD I REPRESENT MYSELF?
When Should I Be My Own Lawyer?
In minor legal matters such as in small claims court
Why not be my own lawyer in serious cases?
Most of the people who have considered being their own lawyer would not diagnose their own illness, or perform dentistry on themselves. When asked why not, their response is that it is too complicated and they lack the appropriate skillset. Keep in mind that even if you are prepared to give up what you normally do and spend an enormous amount of time learning how to be a lawyer, being both the lawyer and the client is difficult because of the emotions involved. Smart lawyers do not even represent themselves: "A lawyer who represents himself has an idiot for a client."
Why is it fine to represent myself in minor legal matters?
There are area few reasons - the risk involved is not life changing. If you think it is, it is no longer a small matter and you need a lawyer. Also, the systems for small matters are set up so that people can represent themselves. There are no complicated rules of procedure and evidence, which require a law degree and 5 to 7 years of experience to understand. In addition, it is financially impractical to hire a lawyer.
FINDING AN ATTORNEY
Is there a rule of thumb for finding the type of lawyer needed in given case?
No! Lawyers come in all variations. They each have different strengths and weaknesses, and an increasing number of attorneys now specialize in a specific area, much as doctors do.
What is the MOST important factor in deciding on an attorney?
Experience. Experience. Experience. Talent and hard work can make up for a lack of experience, but both are difficult to evaluate when trying to select a lawyer. Lawyers get good by practicing, and not just practicing law, but practicing a certain type of law in a certain location.
Are there any benefits of a large law firm over a small law firm?
Not really. Whether you hire a law firm with 200 lawyers or with only three, only one or two lawyers will be working on your case. Before the technology age, large firms probably had some advantage because they could justify buying more books. Now that legal research is computerized, small firms have just as much access to legal resources. Small firms tend to be more personable and more informal. When you talk to a lawyer in a small firm, you are probably talking to one of the decision-makers of the firm instead of one set of ears in a bureaucracy.
Are the most obnoxious lawyers the best?
Some people think so. Being comfortable with your lawyer is important and if having a lawyer who is obnoxious makes you happy, hire one. Some other qualities that you might consider are the degree to which they are prepared, diplomatic, and experienced. Lawyers with these qualities toy with obnoxious lawyers. Most importantly, retain an attorney you can easily and comfortably communicate with.
PAYING AN ATTORNEY
What are the different forms of payment for an Attorney?
Attorneys are compensated in as follows: A fixed fee basis for a particular service (bankruptcy, for example); On an hourly basis (ongoing matters, such as litigation); or on a contingency basis (injury cases).
Why does a lawyer want to be paid a retainer fee?
A retainer fee is the payment of an hourly rate fee before it is earned. Lawyers normally request retainer fees from clients to assure payment. The retainer fees are kept in the lawyers trust account in the name of the client. It is not the lawyers money until it is earned. If the matter costs less than the retainer fee the difference is refunded to the client.
How does a contingency fee work?
In some cases, such as injury cases, a lawyer is paid only if the case has resulted in a recovery to you. The lawyer is paid a percentage of the recovery. The reason for contingency fees is so that injured people can hire qualified, experienced lawyers even though they cannot afford to pay a lawyer at an hourly rate.
What can I expect as an hourly rate?
Location, experience, and type of case determine the hourly rate of an attorney. Compare the rates of several attorneys to get a feel for the amount customarily charged. Find out from the attorney how many hours a day billed compared to the number of hours worked. Very seldom will an attorney bill for every hour worked. Find out how he determines whether or not to bill an hour worked. Obviously, stay away from a lawyer who bills more hours than worked.
What if I cannot afford a lawyer?
Talk to a lawyer before deciding whether you can afford a lawyer. You may be surprised. Some cases, like injury cases, do not require any money for lawyer fees at the outset. If you truly cannot afford a lawyer, you may qualify for low-income assistance from your local legal aid. Contact your local bar association for assistance. If you are in need of a criminal attorney to defend serious charges, the court will appoint you an attorney if you are financially unable to hire a one.
by: deanp
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