How to Retain a Personal Legal Counsel
Because law is a diverse profession with many specializations, it can be difficult to find lawyers who specialize in the legal areas that your case requires. When you first realize that you need legal counsel, it can seem confusing and intimidating to retain a lawyer. The risk is that you'll enter into a contract with a lawyer who cannot effectively advocate for your interests because she lacks the necessary qualifications. Before negotiating any retainer contract, perform your due diligence to ensure that you can make an informed choice.
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Instructions
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Research your attorney options by performing online searches that specify the legal expertise that you need. Search for attorneys licensed to practice law in your state by clicking the tab for your state at the American Bar Association's legal assistance page (see Resources). Read client reviews and case histories; many lawyers include reviews and case information on their websites, but you can also check for reviews at the web's most comprehensive site, the Martindale-Hubbell Legal Directory (see Resources).
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Compile a list of attorneys who have the skills and background that your case demands. You should know from your research that each attorney on your shortlist has a solid history of successful cases, a specialization in the area of your legal need and easy-to-find positive reviews. Include addresses and phone numbers of potential candidates. List candidates in order of preference based on years of experience, number of successful cases and experience with cases similar to yours.
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Phone potential candidates. Share a basic account of your legal needs with the assistant to ensure that your case does not pose a professional conflict of interest; for example, ensure that the attorney does not represent the person you may wish to sue. Ask whether each attorney currently accepts new cases. If so, request a free one-hour consultation with each candidate.
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Email a document containing a case-related time line of events to the attorney. Include all information that is relevant to your case, and be as detailed as possible. List dates, times, individual names, phone calls, meetings and any/or other pertinent information.
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Compile a list of preliminary questions for each attorney before you pay any fees -- questions about fees, his willingness to take your case, a basic assessment of the strength of your case and estimated hours to achieve a settlement or complete a trial). Group questions together by theme; for example, put questions about financial matters together in one section.
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Attend your consultation meetings. Listen to what the attorney says about the strengths and weaknesses of your case. Ask questions, and make notes about what you learn, including specific information and general impressions.
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Study your meeting notes. Make lists detailing the potential benefits as well as the potential weaknesses of each candidate. Decide which candidate willing to take your case best suits your legal needs based on credentials and case histories.
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Call the attorney of your choice, and request a retainer meeting. Call the other attorneys' offices, and inform their office assistants that you chose to go with other legal counsel.
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Attend your retainer meeting. Read the attorney's retainer contract carefully. Read a second time, marking any unclear or surprising information.
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Ask any questions that you have before providing your signature. If you dispute any terms of the retainer contract, negotiate better terms. Ask your attorney to revise the contract according to terms that you accept.
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Sign the retainer contract. Ensure that both the attorney and a witness sign the contract as well. Retain a copy of the contract for your personal records.
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Pay the retainer fee if one exists in the contract. Once the attorney receives her fee, she can continue to represent you on retainer.
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Tips & Warnings
Interact with your attorney in a businesslike and professional manner. Wear business attire to meetings. Avoid emotive forms of expression, and look the attorney in the eye when you speak.
Answer attorney questions as precisely and as clearly as possible. The attorney does not need to know your entire life history, but be prepared to share all information related to your case, even if it is embarrassing or unflattering to you.
References
Resources
- Photo Credit signing a contract image by William Berry from Fotolia.com
