When do I need a lawyer?

Almost everything we do– from making a purchase, to driving a car, to interacting with others– is affected by the law in some way. 

There are many legal situations that you can and should handle on your own, without the assistance of a lawyer. However, when circumstances and laws are unique, complicated, or confusing, you may need a lawyer's guidance. You also may need a lawyer's services when you are
so close to a problem that you are unable to see your way through to a proper solution.

Are there specific cases when I should see a lawyer?
Yes, there are matters best handled by a lawyer. While these matters are sometimes hard to
recognize, nearly everyone agrees that you should talk with a lawyer about major life events or
changes, which might include:
being arrested for a crime or served with legal papers in a civil lawsuit;
being involved in a serious accident causing personal injury or property damage;
a change in family status such as divorce, adoption, or death;
a change in financial status such as getting or losing valuable personal property or real estate, or
filing for bankruptcy.

Is there another way to determine whether I need to hire a lawyer?
Yes. One way is to look at how other Americans have answered the question. In a recent study
of Americans over the age of 18, researchers for the American Bar Association found almost half
had used a lawyer in the past five years. The most common legal matters taken to lawyers involved
real estate transactions (12%)
drawing up a will (11%)
as a party to a lawsuit (11%)
divorce/separation (9%)
probate/estate settlement matters (6%)
child support/custody matter (5%)
draw up an agreement/contact (5%)
Other fairly common matters requiring a lawyer’s help included traffic matters, insurance claims,
bankruptcy, auto accidents, and being a complainant or defendant in a criminal proceeding.
Source: Perceptions of the U.S. Justice System (Chicago: American Bar Association, 1999).

If it is obvious that I will need a lawyer for a certain circumstance, should I save money and wait until I absolutely need the lawyer's services?
No. Lawyers should be thought of as preventers of legal problems, not just solvers. When
dealing with legal issues, an ounce of prevention is worth many dollars and anxious hours of cure.
Once you have determined that you need professional legal help, get it promptly. You can get the
most help if you are in touch with a lawyer as soon as possible.

Is most of a lawyer's time usually spent arguing cases in court?
No. A lawyer normally spends more time in an office than in a courtroom. The practice of law
most often involves researching legal developments, investigating facts, writing and preparing legal
documents, giving advice, and settling disputes. Laws change constantly. New law is enacted and
prior law is amended and repealed. In addition, judicial decisions in court cases regularly alter whatthe law currently means, whether the source of law is the United States Constitution or a state
constitution; federal or state statutes; or federal, state, and local codes and regulations. For these
reasons, a lawyer must put much time into knowing how the laws and the changes will affect each
circumstance.

How do I go about choosing a lawyer?
The lawyer will be helping you solve your problems, so you must feel comfortable enough to tell
him or her, honestly and completely, all the facts necessary to resolve your problem. No one you
listen to and nothing you read will tell you which particular lawyer will be the best for you; you must
judge that for yourself. Most lawyers will meet with you briefly to "get acquainted," allowing you to talk with your prospective lawyer before making a final hiring decision. In many cases, there is no fee charged for an initial consultation. However, don't assume that an initial consultation is free. To be on the safe side, ask about fees before setting up your consultation appointment.

Where should I start to look for a lawyer?
There are many sources for finding a reliable lawyer. Some of the best are recommendations
from a trusted friend, relatives, or business associates. Be aware that each legal case is different
and that a lawyer who is right for someone else may not suit you or your legal problem.

How will I determine whether I want to hire a specific lawyer?
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.
Sidebar: Have Faith
It is important that you trust the lawyer you hire, believing that he or she will do the best job
possible in protecting your legal rights. However, remember that lawyers cannot work magic. No
lawyer can be expected to win every case, and the best legal advice may turn out to be not exactly
what you wanted to hear.

What sort of questions should I ask?
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?

Is it proper to ask the lawyer if anyone else will be working on my case?
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?

I met with a lawyer who referred me to another lawyer. Should I be angry?
Probably not. Occasionally, a lawyer will suggest that someone else in the same firm or an
outside lawyer handle your specific problem. Perhaps the original lawyer is too busy to give your
case the full attention it deserves. Maybe your problem requires another's expertise. No one likes to feel that a lawyer is shifting him or her to another attorney. However, most reassignments within firms occur for a good reason. Do not hesitate to request a meeting with the new attorney to make
sure you are comfortable with him or her.

What, in particular, should I ask about fees and costs?
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.  The fee charged by a attorney should be reasonable from an objective point of view. The fee should be tied to specific services rendered, time invested, and level of expertise provided.
There are some broad guidelines to help in evaluating whether a particular fee is reasonable: the time and work required by the lawyer and any assistants, and the difficulty of the legal issues presented; how much other lawyers in the area charge for similar work;  the total value of the claim or settlement and the results of the case; whether the lawyer has worked for that client before; the lawyer's experience, reputation, and ability; and  the amount of other work the lawyer had to turn down to take on a particular case.
Fees and other charges should be discussed with your lawyer early. You can avoid future problems by having a clear understanding of the fees to be charged and getting that understanding in writing before any legal work has started. If the fee is to be charged on an hourly basis, insist on a complete itemized list and an explanation of charges each time the lawyer bills you. Legal advice is not cheap. A bill from a lawyer for preparing a one-page legal document or providing basic advice may surprise some clients. Remember that when you hire a lawyer, you are paying for his or her expertise and time.

When I first meet with my prospective lawyer, should I ask about the possible outcome of the case?
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?

Should I ask if and how I can help with my case?
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?

Should I "shop around" for the cheapest lawyer I can find?
With legal advice, as with other products and services, you often get what you pay for.
Although you should not expect to get good legal advice without paying for it, you should not pay
for anything that you don't actually receive. After you and your lawyer have discussed fees, make sure to follow through by examining each bill carefully. If you feel that any charge is too high or if
you do not understand a billed item, ask your lawyer to explain it before you pay.

Is there anything I can do to reduce my legal costs?
Yes, there are several cost-cutting methods available to you. First, answer all your lawyer's
questions fully and honestly. Not only will you feel better but you also will save on legal fees. If you
tell your lawyer all the facts as you know them, it will save time that might be spent on the particular
case and will help your lawyer do a better job. Remember that the ethics of the profession bind your lawyer to maintain in the strictest confidence almost anything you reveal during your private discussions. You should feel free to tell your lawyer the complete details in your case, even those that embarrass you. It is particularly important to tell your lawyer facts about your case that reflect poorly on you. These will almost
certainly come out if your case goes to trial.

Can I reduce my legal costs if I get more involved in my case?
Sometimes. Stay informed and ask for copies of important documents related to your case. Let
your lawyer know if you are willing to help out, such as by picking up or delivering documents or
by making a few telephone calls. You should not interfere with your lawyer's work. However, you
might be able to move your case quicker, reduce your legal costs, and keep yourself better
informed by doing some of the work yourself. Discuss this with your lawyer.