|
|
FINDING
THE [EQUINE] LAWYER RIGHT FOR YOU
Part
Two of a Two Part Series
HOW
TO HIRE A LAWYER
|
Many articles written by this author over the years have
concluded that people should seek assistance from a "knowledgeable
attorney." This two-part series discusses how to find the right
lawyer. Part One of the series covered "equine law" and
what equine lawyers do. Part Two concludes with how to evaluate
a lawyer to determine whether he or she is right for you.
Evaluating the Lawyer
Our society is full of lawyers who are seeking
your business, each one claiming that he or she is capable of handling
your matter. But how can you determine who is right for you and
your matter? Here are some guidelines to help you decide:
Compare
Gather the names of several lawyers. Ask your
friends, relatives, and neighbors for names. Some lawyers advertise
their services in magazines and newsletters. Call each lawyer and
ask questions (several questions are listed below). Make sure you
are satisfied with the answers you receive. You might quickly determine
that your matter is beyond the expertise of a lawyer, a lawyer might
be too expensive, or you might simply be uncomfortable with a lawyer.
Just a few minutes on the phone could spare you time and trouble
and help you move on to a different lawyer.
Research
Your local library might have the Martindale-Hubbell
Legal Directory, which is a very thick set of books that provides
information about and evaluates lawyers. This might help you learn
when an where the lawyer went to law school, and when the lawyer
became admitted to practice law in your state. Some listings in
this directory include the lawyer's areas of expertise and professional
accomplishments. Keep in mind that lawyers must pay for the more
detailed listings; therefore, you may not find in-depth information
on every lawyer you check.
Evaluate the Lawyer's Style
Do you want your lawyer to have a certain background
or style? That is, depending on the circumstances of the matter,
you may want a lawyer who can be aggressive; you may want a recognized
specialist; you might want a lawyer who shares your interest in
resolving your dispute and who will try hard to settle it; you might
want an experienced lawyer who is well-known to the judges and lawyers
in the community; or, you might want a lawyer who recently graduated
from law school who is willing to take your case at a very low fee
to develop experience. You must decide who is best for your matter.
Plan a Meeting
Some lawyers charge nothing for the first consultation,
but make sure to ask. If you are interested in hiring a lawyer,
consider scheduling a meeting at his or her office or a mutually-convenient
location. Sometimes seeing the lawyer's office will tell you more
about him or her. The office might reveal the lawyer's success,
how organized he or she is, and the type of staff and resources
available to assist in your legal matter.
Learn the Lawyer's Fees
Lawyers operate under a variety of fee arrangements.
Before you hire a lawyer, make sure that you understand and accept
the fee arrangement. Here are the most common ones:
1. Hourly Fee. Most legal matters involve an hourly
fee, in which a lawyer will charge for each hour of time he or
she spends on your matter. A lawyer's hourly rate tends to vary
according to the location of the lawyer, years of experience,
reputation, expertise, and many other factors. When evaluating
a lawyer's fee, ask not only the amount he or she charges for
each hour of work but also the increments of an hour for which
you will be billed. There is a difference between increments of
one-quarter of an hour and one-tenth of an hour. For example,
if your lawyer charges $150 an hour and you are billed for a five-minute
phone call with your lawyer, you will pay $37.50 to the lawyer
who bills on quarter-hour increments, but you would only pay $15
to the lawyer who bills on the tenth of an hour.2.
Contingency Fee. Everyone has seen lawyer advertisements promising:
"You pay no fee unless we collect." This describes a
contingency fee arrangement in which the legal fees are contingent
on (a percentage of) what you recover from the losing party. Lawyers
who accept cases on a contingency fee basis accept a risk that
you will recover money from the losing party and that the losing
party will have money to pay. Contingency fee arrangements are
common in personal injury cases or cases that involve loss or
damage to something of high value. A veterinary malpractice case
based on the loss of a $1,200 horse probably would not be appropriate
for a contingency fee arrangement because the percentage the lawyer
stands to recover will not adequately compensate the lawyer for
his or her time. Your state may regulate the maximum percentage
that a lawyer can accept as a contingency fee as well as the cases
that cannot be handled on a contingency basis (such as criminal
or divorce matters). The contingency fee arrangement should always
be established in a written agreement. Most of these agreements
specify the percentage that the lawyer can recover; these agreements
usually require you to reimburse the lawyer for his or her expenses
and costs.3. Flat Fee. Is the lawyer drafting a
will, handling an uncontested divorce, preparing some type of
equine-related contract, or representing you in an uncomplicated
case? Under these circumstances, the lawyer might agree to do
the work for one flat fee. The flat fee is usually based on the
amount of time the lawyer anticipates will be needed to handle
the matter, and the fee might even contemplate a discount. Typically
in hourly fee arrangements, the lawyer may ask you to pay him
or her a sum of money called a "retainer" before the
work begins. Depending on the arrangement, a retainer can represent
either some or all of the legal fee. A retainer is usually combined
with a written "retainer agreement" (discussed below).
By ethics rules, the lawyer cannot immediately spend the retainer.
Rather, the lawyer must deposit the retainer funds into his or
her attorney trust account, and the lawyer is only permitted to
draw money from that account after services have been rendered
and legal fees incurred. Keep in mind that lawyers are usually
not permitted to reap a windfall from the retainer; consequently,
if your legal matter concludes before the retainer is used up,
you should be entitled to a refund.
Get it In Writing
Particularly in on-going matters (such as a lawsuit
or a probate proceeding), or matters where a large fee is involved,
it benefits both the client and the attorney to have a written agreement
that addresses the billing arrangement and the details of the representation.
Retainer agreements often specify what services the lawyer will
provide, acknowledge the lawyer's receipt of the retainer, and explain
the client's obligation (if any) to make further payment after the
retainer is used up.
Ask Good Questions
How can you determine who is the right lawyer
for your matter? Ask the lawyer several questions. Here are some
to help get you started: What is your experience in this area of
the law? How many cases or matters like mine have you handled? Who
will be handling my matter -- you or someone else at your firm?
How strong is my case (or defense)? Do you think I have a good chance
of winning? Why? How frequently will you keep me advised of the
status of my case? Do you have the time to handle my legal matter?
Can we discuss the case during evenings or weekends? Do you have
evening or weekend office hours? What are the chances that we can
resolve this matter out of court, and what might be a reasonable
settlement? Is my case appropriate for an alternative to the legal
system, such as arbitration or mediation? Why or why not? How often
will the lawyer's office send you bills?This article
is not intended to constitute legal advice.
About the Author
Julie I. Fershtman, Esq.
Fink, Zausmer & Kaufman, P.C.
31700 Middlebelt, Suite 150
Farmington Hills, MI 48334-2374
(248) 851-4111
E-MAIL: Fershtman@aol.com
|
|