Choosing an attorney is not as difficult as it might seem. A few basic, common sense guidelines will serve you well.
- Contact your local bar association.
All bar associations have referral lists for attorneys. Attorneys pay a referral fee (you do not) to be on the list. The list is divided by specialties. The bar association only assures you that the attorney is a member of the bar in good standing, not how good he or she is.
- Personal references. Ask a friend. This is the most common approach to finding an attorney. Make sure the friend was dealing a problem of the same general nature: criminal, family law, etc.
If you are seeking a family law attorney and you are relying on a personal reference from a friend, consider asking the following questions:
- Did the attorney's efforts interfere with or facilitate you friend's relationship with the former spouse?
- Did your friend come away from the process feeling informed?
- Did your friend feel that the attorney's fees were fair?
- Did the attorney give an initial cost estimate before the proceedings commenced?
At the initial conference with an attorney find out the following:
- What are his or her credentials?
- What portion of the attorney's practice is devoted to the problem area you are seeking help for?
- What is the attorney's attitude about alternative dispute resolution, particularly in non-criminal law areas? This question is important because most of the time alternative dispute resolution processes can save you, the
client a great deal of money. Alternative dispute resolution processes are, however, not always appropriate.
The following are some items that you can require of the attorney:
- A written retainer and fee agreement.
- A general estimate of the overall costs of the costs to you. You must realize that in most cases, particularly family cases, the attorney cannot estimate very closely. Many factors which will greatly effect the cost are not
within the control of your attorney. The most obvious of these factors is the behavior and approach of the other party and/or the other attorney.
- To keep you informed about your case by receiving copies of all documents and correspondence.
- To explain the attorney's plan of action and any changes in that initial plan of action so that you can understand it.
- To include you as an active partner with your attorney in your case.
It is also helpful for the attorney and your relationship with him or her if you take the following responsibilities:
- Make a checklist of items you wish to discuss with the attorney.
- Do not expect your attorney to guarantee results.
- Keep your attorney informed of new developments.
- Take your lawyer's advice or get a different lawyer.
- Be candid with your attorney.
If you cannot afford an attorney, call your local bar association for referrals to legal clinics, pro bono (free) attorneys or "mentoring" programs.
