How to Retain Individual Legal Counsel

Personal legal counsel is retained by entering into and signing a retainer agreement.

Many people seek legal counsel when they are considering filing a lawsuit, have been served with a civil complaint, are facing criminal charges or are in need of general legal advice. Some businesses and individuals retain legal counsel before a legal event arises so that they have access to legal counsel on a consistent basis. Selecting and retaining personal legal counsel on a case-by-case or long-term basis is a highly personal process. Legal retention decisions should only be made after thoroughly researching and evaluating your options.

Instructions

1. Create a list of lawyers or law firms to contact that regularly handle cases that are similar to your legal needs. For example, if you are considering filing for divorce, you should seek a family law or divorce attorney as opposed to a business lawyer. You can locate attorneys and law firms that regularly handle specific legal topics by contacting a lawyer referral service in your state or county. Lawyer referral services are often run by state and county bar associations.

2. Contact the lawyers on your list. Explain your general legal needs and that you are interested in setting up a consultation with an attorney who handles cases in your area. Some lawyers provide free consultations, while others charge a moderate consultation fee. It is up to you to decide whether or not you want to pay for a consultation. Generally, firms that handle civil matters or work on a contingency fee basis will waive the consultation fee.

3. Prepare a list of questions to ask the attorney before signing a retainer agreement. Some of the questions that you should ask include inquiries about the lawyer's qualifications, experience, retainer fees and general fee structure. If an attorney is unwilling to answer these general types of questions, you should consider alternative options. The three most common fee structures that attorneys use are the hourly rate, flat fee and contingency fee structures. If your attorney is using an hourly rate fee structure, they will most likely require you to pay a retainer upfront as part of your retention agreement.

4. Review and sign a retainer agreement. A retainer agreement is a contract between you and an attorney that essentially hires the attorney and sets forth the terms of the representation. These terms can include specific matters that the attorney is being hired to address, the fee agreement and any other terms that you negotiated or discussed with the attorney during the consultation. Review the retainer agreement before signing. Ask questions about any terms or provisions that are confusing, unclear or that you did not agree to. Sign the agreement and pay any agreed-upon retainer fees to complete the retention process.

Tips & Warnings

• Check your state's bar association website before hiring an attorney. Information such as when the attorney became licensed to practice and whether she has been the subject of disciplinary action will be posted in an attorney profile on the site. This will allow you to ensure that an attorney is in good standing and has not engaged in actions that violate your state's code of professional conduct. Additionally, contact multiple attorneys in your area to get a general idea of reasonable retainer and hourly fees in your area.

References

• Expertlaw.com: How to Hire an Attorney
• Fetaweb.com: Before You Retain an Attorney
• The 'Lectric Law Library: Legal Definition of Retain, Retainer