How to Retain a Lawyer for a Lawsuit
Hiring a lawyer is an important step. You should find someone you trust and with whom you can develop a good working relationship. It's not difficult to retain a lawyer, since that's how most lawyers earn a living, but it's important that it be done carefully. Following your instinct about a lawyer's character and asking the right questions about your professional relationship can have a huge impact on your case.
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Instructions
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Find a licensed lawyer. Though many lawyers do not advertise, local or online listings can be one way to start. Another is to contact any lawyer you've worked with in the past and ask for a referral. Several online databases can help you find a lawyer by practice area and geographical location, including professional directories like Martindale-Hubbell (see Resources below). Always ask whether the lawyer is licensed to practice in the state and has experience with your type of case.
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Schedule an initial meeting with a lawyer. Most lawyers do consultations for free because they want to learn more about the case before they decide whether to take it and how much they should charge. For the client, the consultation is a good time to determine whether the lawyer is someone he can work with and whether he has confidence in the lawyer's ability to represent his case.
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Design a written fee agreement. Most lawyers have standard fee agreements and contracts for their work. Depending on your case, there may be some room for negotiation, but get the final result in writing. Important areas to cover are who will be working on your case (the lawyer or paralegals), what the hourly rate will be, who will pay for costs such as filing fees or copying, and whether the attorney is entitled to a share of any award you might ultimately win (called a contingency agreement). Also consider how the agreement defines the lawyer's authority (up to trial and appeals?) and how you can end the relationship if you're dissatisfied.
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Pay a retainer. A retainer is like a down payment on the lawyer's services. They deposit your retainer in a special trust account they're not allowed to touch until they bill you for services. As the attorney sends you a bill, they draw down the retainer. If or when the retainer is exhausted, you will have to pay more money to keep the attorney working. Some attorneys want roughly half the total cost as a retainer, but others will get started for less.
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Monitor expenses. Keep track of the bills you receive from your attorney and how much work is actually getting done. Retaining a lawyer only guarantees her services for as long as there are funds remaining. If you want to contest a charge, contact the attorney as soon as possible.
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Tips & Warnings
If your case is likely to produce a cash award or settlement, the attorney is more likely to waive the retainer and work for a contingency fee. If not, the retainer will be essential to keeping him productive. No matter what the retainer fee the attorney requires to start working on your case, get an estimate of the total cost.
