What are the three most important factors in determining the type of lawyer needed?                                                 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.

If experience is so important, why shouldn't I just hire the oldest lawyer?                                                                      Just like a NFL quarterback, there is a learning curve. Fortunately, lawyers are given more time to get experienced. Once the lawyer has 5 to 7 years of experience in a certain area of law, there is not a tremendous benefit to waiting another 30 years for the lawyer to get gray. Just ask a successful 65-year-old lawyer: he was probably pretty good in his 30s and 40s.

What are the benefits of a large law firm over a small law firm?                                                                                     Not much. Whether you hire a law firm with 600 lawyers or with only two, 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 less formal. 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. (Probably the same people who think the most vicious dog is the best pet.) 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 hard working, prepared, diplomatic, and experienced. Lawyers with these qualities toy with obnoxious lawyers.

 

What is a typical hourly rate?                                                                                                                                      Location, experience, and type of case determine the hourly rate of a lawyer. Compare the rates of several lawyers to get an idea of the amount customarily charged. Find out from the lawyer how many hours a day billed compared to the number of hours worked. Very seldom will a lawyer 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.

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 lawyer’s trust account in the name of the client. It is not the lawyer’s 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 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.