12. Ask yourself these 11 questions — and be able to answer them.
It is important to not only find a lawyer with the fairest price, but also find the one most qualified to handle your case. At LegalMatch, much of the legwork has already been provided for you.
Here are 11 important questions to ask before agreeing to hire any lawyer:
Is the lawyer a generalist, or a specialist in one type of
law?
Has the lawyer handled cases like yours before?
What different outcomes can the lawyer predict for your case?
What alternatives to a lawsuit might be considered?
Should mediation or arbitration be considered?
How long should you expect to retain the lawyer's services?
How often will you be billed, and what's the lawyer's estimation
for fees and services?
How will the lawyer inform you of the case's progress?
What style can you expect from the lawyer: aggressive or open
to settlement?
Will others be assisting in the case?
Is the lawyer covered by malpractice insurance?
The lawyer-client relationship is stronger when the lawyer and
client understand each other. Let LegalMatch assist you in finding
the lawyer who is the most qualified, affordable, and understanding
of your needs.
Legal matters can have a variety of outcomes.
None are ever predictable. Once you've chosen a lawyer from LegalMatch,
you need to communicate your expectations before you begin discussing
strategies to win. Your lawyer needs to know what your "dream
outcome" for the lawsuit is, and your lawyer needs to explain
all other possible outcomes that could happen if you pursue the
case in court. Even if your "dream outcome" seems ridiculous,
your lawyer needs to be aware of it. After explaining your "dream
outcome," you need to list all other possible outcomes that you
would accept in the order that you would accept them. This will
give your lawyer something to shoot for as well as keeping him
or her from settling for less than you expect.
Here are some things to bring up with your lawyer as you discuss
the possible outcomes you'll accept in your legal matters:
What is the maximum amount in legal fees you want to pay?
When is the latest/earliest you want the legal matter attended
to?
What is the minimum amount of settlement you will agree to?
What i's the worst way you think your case can end?
How much are you willing to disrupt your life to pursue this
matter legally?
By ranking acceptable outcomes with your lawyer, you avoid the
possibility of your lawyer not obtaining the best possible outcome
that you'll accept. Be sure to give the lawyer
a chance to voice an opinion about your ranked outcomes.
After you and your LegalMatch lawyer understand
your ground rules, it's time to discuss the plan for winning your
case. In most cases, the better plan with the better follow-through
generally wins. Your lawyer needs to be able to explain how he
or she plans to win the case, and after your initial meeting should
be given the opportunity to draft a strategic plan. The strategic
plan, for the most part, forces your lawyer to give immediate
attention to your case, encouraging creative and proactive thinking.
A strategic plan explains all of the following:
what the plan is and what results it should probably produce
why it's the best possible plan
how long the plan will probably take, from beginning to end
how much it will probably cost to implement the plan
what special circumstances might require deviation from the
plan
Your lawyer will charge you for the time it takes to draft a
strategic plan. You might decide it's an unnecessary cost, especially
if you're not expecting to need a lawyer's services for long or
you're paying a lawyer with a flat fee agreement. Still, some
legal matters take a longer amount of time than a client expects.
Knowing this ahead of time is exactly why a strategic plan might
be in your best interest. In the long run, you might be saving
yourself a good deal of money. As for the cost of drafting the
plan, you can instruct your lawyer up front to spend only a certain
amount of money on drafting the plan.
Finally, don't hesitate in modifying the plan that your lawyer
comes up with, if necessary. The strategic plan, when agreed upon
by lawyer and client, will keep your lawyer on the right path
for the duration of your lawsuit.
15. Temper what you are getting vs. what it's costing you on an ongoing basis.
If you're not paying a flat fee to your lawyer,
this information is for you. A lawyer's services are rarely cheap.
A client has the right to be in control, and to fully understand how his
or her money is being spent. LegalMatch helps you find the right
lawyer for the best price, but you still should monitor how your
money is being spent. Do the following to minimize your costs:
Right from the start, tell your lawyer all that you know.
Remember, lawyers must maintain confidential relationships.
Waiting until the last minute to communicate something with
your lawyer wastes money.
Brush up on matters related to your legal affairs. Ask good
questions and establish intelligent communication. Keep copies
of important documents in your own files.
Be certain you've found the lawyer who's right for you. Changing lawyers
after the legal process has started can be very expensive.
Understand the fee agreement you and your lawyer agree upon, and
question unclear charges before you pay them. Insist your lawyer
honors thrift if out-of-pocket expenses are part of the fee
agreement.
Ask if there's anything you can do or gather to help the process.
Be prepared and honor deadlines at all your meetings.
Ask your lawyer about all alternatives to the dispute's resolution.
The lawyer-client relationship is a two-way street, and these
simple steps can help to insure your money is being spent in your
best interest.
You should feel comfortable when discussing
fees with a lawyer. LegalMatch requires lawyers to explain their
fees up front, but you may want to question the matter in further
depth. Talking money with your lawyer is an excellent way to judge
how he or she treats clients. The types of fees a lawyer can charge
are discussed below.
Hourly rates are the most common type of fee.
Depending on a lawyer's experience and location, an hourly rate
can vary quite a bit. Cheaper might be better, but a more expensive
and experienced lawyer could very well handle your case faster
and better. At the consultation, remember to ask for an estimate of how many
hours you can expect to pay for.
Flat fees are usually charged when the services
being provided are more predictable. It is important to ask the
lawyer exactly what services and expenses are and are not covered
in a flat fee. LegalMatch requires lawyers to explain these expenses
when responding with a flat fee.
A contingent fee means the lawyer charges no
fee but instead earns a percentage of the settlement or judgment,
if any is awarded. Contingent fees--typically one-third of the
settlement or judgment--can be negotiated. In some cases, contingent
fees are prohibited.
Retainer fees are advanced payment based on
an hourly rate. Clients put money into a special account, and
the lawyer deducts fees as services are completed. The client
is responsible for reviewing the account periodically. The client
should be aware that the retainer fee is generally refundable if not used by the lawyer.
A statutory fee is a fee set by law. Some legal
work requires the court to set or approve the fee.
No matter which type of fee agreed upon between you and your
lawyer, always obtain proof of the agreement in writing.
In addition to a lawyer's fees, you might
be expected to pay certain expenses. These should be discussed
before hiring a lawyer, and the lawyer should be willing
to provide explanations of these charges with each monthly bill.
Review your response carefully to see which expenses are included
in your legal fee and which expenses are separate.
A client generally pays for the following expenses:
photocopying charges
long distance telephone charges
courier, postage, and overnight delivery charges
filing fees
court reporter and expert witness charges
reasonable travel and transportation charges
A client usually does not pay the following expenses, unless
under special circumstances:
standard secretarial and office staff services
standard office supplies
local telephone charges
in-town meals
first-class travel costs and out of town meals without restrictions
Ensure that you're not taken by surprise with the hidden costs
of expenses. Discuss them with a lawyer before you hire.
A monthly bill from a lawyer takes time to
look over. It is in your best interest to take the time so that
you completely understand where your lawyer is coming from. This
can only strengthen the relationship between the two of you.
It is important to ask for specifics if your itemized bill seems
unclear in some area. Your bill should show your lawyer's fees and your lawyer's expenses. If you've been charged for five hours of research
time, your bill should tell you what exactly was being researched;
if it doesn't, you need to ask. All items on your bill should
have some degree of explanation.
Track specific time and activities that you are billed for each
month. Keep your eye out for time billed that seems repetitious
with other bills. If something seems out of the ordinary, don't
accuse your lawyer, but question him or her. Even if it's a justified
expense, by bringing it up you let your lawyer know that you're
paying close attention, which is completely within your rights.
Finally, everyone makes mistakes in math--lawyers too. Don't
be afraid to get out the calculator and check the addition.
If you're happy or unhappy with the lawyer you found on LegalMatch,
remember to rate them at LegalMatch. This will help others when
deciding whether or not to hire the lawyer. That's how LegalMatch
works, and why it works so well.
If you are unhappy with your lawyer, remember that firing your
legal counsel can be costly. If you are in the middle of a lawsuit
or criminal case, it may also require the court's permission.
Act fast, but be certain it's what you want to do.
If you feel your lawyer is being unprofessional, or you were
not treated with care and respect, please send us an e-mail at
feedback@legalmatch.com
before you file a complaint with your state's bar association.
We may be able to help resolve any misunderstandings or disputes.
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