People have few opportunities to learn how to select, hire, and monitor an attorney. In fact, unless you own your own business, you are most likely to go through life without ever having to deal with an attorney, or seeing the inside of a courtroom.  If you do retain an attorney, perhaps to draft a will or review a real estate contract, you are unlikely to do it more than once.

This first part of this multi-part article is meant to give some insight on how to select an attorney who will be most helpful in your case. 

Not all lawyers are born, or made equal.  Even the student who graduated last from the “worst” law school still gets to “practice” law.  Of course, selecting a student who graduated first from the most prestigious law school is also no guarantee that, in practice, s/he will be a “good” attorney, or a good attorney for your case.  Every day, tens of attorneys get disciplined for malpractice.

So how do you pick an attorney who will best represent you? Who will care the most about you? Usually, we turn to friends and acquaintances for references.  Their “recommendations” are usually based on some vague and subjective criteria.  The process to select an attorney should be based on solid, objective criteria, regardless of the issues at hand.

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Do you need an attorney?

Well, it depends on what the issue is.  Whether you are suing someone or you are being sued, remember that you always have the right to represent yourself in and out of court — this is most commonly referred to as Pro Se representation.  Although this is generally advised against, sometimes it is unavoidable as most states do not allow attorneys or even paralegals in small claim court. 

Sometimes, this is also preferable in traffic court.  However, in most instances, you will need to retain an attorney to best represent your interest and defend your rights.

An important reason to retain an attorney is that, if you represent yourself, the judge will hold you to the same standard as if you were an attorney.  Hence, the judge will expect you to file appropriate pleadings, briefs and motions; to properly refer to case law; to know the rules of procedure and evidence; and a myriad of other knowledge an attorney acquires during law school and subsequent practice.  In the long run, if you retain the appropriate attorney and properly monitor your case, you will save yourself money, time and embarrassment.

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Defining your legal problem

The first thing you should do before you go “shopping” for an attorney is to determine the nature of your legal problem.  For example, if you were injured in a car accident, it makes sense that you will want an attorney experienced in the field of personal injury.  Similarly, if you are at risk of losing your home because your bills exceed your paycheck, you’ll do better with an attorney experienced in debtor’s rights, or perhaps bankruptcy, rather than one experienced in personal injury.

If you’re having trouble identifying the area of law you are facing, just call a few attorneys and discuss your issue.  Most attorneys will not charge you for an initial consultation and will promptly advise you on the type of legal expertise your problem necessitates.  Of course, if you call a large law firm, chances are good that a few attorneys within the firm will practice in that particular area.

However, don’t stop at just one call.  Make a few and compare notes.  Some attorneys are what we call “hungry” and, if (s)he believes your case is potentially lucrative, may try to have you retain him/her despite his/her lack of expertise and/or experience in that particular area of the law.  So call around and follow the other steps outlined below.

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"Shopping" for an attorney

Selecting the “right” attorney is more than just looking for a diploma from the most prestigious university.  There is also the issue of experience in the particular area you are involved, and of personality.  An attorney’s credentials may be stellar, however s/he may be lacking experience in the particular area of the law you are involved in.  That doesn’t mean that an “inexperienced” attorney is not “right” for you.  It is just one more piece of data for you to consider.  Moreover, you and the attorney’s personality may clash, leading to mistrust, wasted time and money.

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Where to find an attorney

No single source is better than another to find the best attorney for you.  So seek out recommendations from your relatives, personal, business and professional acquaintances.  Make sure to ask the basis of their recommendation. It is, of course, best if the recommendation is based on a personal experience.  You may also want to call your local bar association.  Although they will not recommend anyone, they will be able to give you a list of attorneys who practice in the area of the law which is particular to your case.  You may also search on the Internet, or refer to the Martindale-Hubell an attorney directory listing each attorney’s area of practice and expertise.

Make a list of the attorney which appeal to you.  There should be less than 10 but more than 2 in your list.  Then proceed to interview each of them.  That’s right: interview.  Keep a record of these interviews.  Your notes should reflect the attorney’s name, address, telephone number, email address, name of the law firm, size of the law firm, fees, experience (for example, number of similar cases s/he has handled), personality, and approaches to a case.

Lastly, be careful of attorneys who refer you to a colleague.  Attorneys can obtain “referral fees”, or may expect in-kind referrals.  You may be sent off to an attorney who offered the best deal rather than one who is best qualified to work on your case.

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Before the interview

Once your list is complete, call each of them and ask some preliminary questions prior to deciding whether or not to interview him/her.  Hence, you will want to know whether:

• (S)he practices in area of law which involves your case (e.g., personal injury, contract, DUI, criminal defense, etc.)
• There is a fee for an initial consultation
• Whether s/he is taking new cases (a busy attorney may not be able to, or not be able to in a manner that is timely to your case)

Of course, these days you may want to send an email instead of calling.  However, I would still recommend a phone call as it is nearly impossible to assess someone’s personality in an email.  Avoid telling your whole story over the phone or in the email.  This phone call or email should simply be a preliminary screening process to make sure the attorney practices in the area of law you need, is accepting new cases and is willing and able to see you in a timely manner.

Once you have called or received an answer to your emails, review your notes and narrow your list to no more than 3 attorneys.  Be respectful and make sure to cancel the appointments you have made with the others.  If after your interview with the attorneys you have selected you don’t feel any one of them will do, then go back to your list and select the next 3 and proceed to do the same until you have made your final selection.

Before you show up for your appointment, review the facts of your case so you can summarize them for the attorney.  In fact, I would recommend that you provide him/her with a written summary of the facts.  The attorney will ask probing questions to elicit more in-depth information if need be.  Make a copy of all the documents which are related to your case.  Make sure to get them back from the attorney at the end of your interview.  Make a list of questions you would like to have the attorney answer.  Some important ones may be:

• What is the attorney’s experience level in the area of law which you need and in the jurisdiction?
• How many cases of a similar nature has s/he been directly involved in and tried?
• What is the attorney’s approach to a case?
• What services will s/he perform?
• What is the fee structure?
• Does s/he require a retainer (i.e., a deposit)? If so, is it refundable?
• What does s/he believe are your options?
• What will be the probable result of your case?
• Will experts be needed?
• What are the likely expert fees?
• Does s/he have malpractice insurance?  If so, what is the name of the insurer?
• Whether there have been any complaints filed against him/her? If so, what were the bases and the disposition?

If you are being sued, then you should also inquire whether the attorney:

• Knows your opponent’s attorney and, if so, how well.
• Has tried any case against your opponent’s attorney and, if so, the outcome.
• Has referred cases to your opponent’s attorney and, if so, whether any referral fees were paid.
• Has s/he any hostile feelings towards, or scores to settle with, your opponent’s attorney.

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At the interview

You are now prepared to interview the 3 attorneys you have selected.  Remember that the purpose of the interview is to evaluate each attorney prior to making your final selection.  After a formal introduction and perhaps some light chit-chat, bring out your list of questions and proceed to ask each.  Take notes of the answers and how you feel during the interview.  Resist the temptation to get the attorney to give you a formal opinion on your case.  Attorneys will not want to do so in any event as they usually will want to examine all the facts of your case, refer to the law and precedents, and may even have to confer with experts before they can render a formal opinion. 

Before, during and after the interview observe the surrounding environment.  What is the general appearance of the office? What is the attitude of the other attorneys and staff?  Is there an air of chaos or an aura of professionalism? Let your feelings guide you.  Remember, however, that expensive rugs and art work is paid by the clients.  Remember also that, throughout the interview, you too are being interviewed by the attorney.  Just like you have a choice of lawyers, a good lawyer will have a choice of clients.  Are you the type of client s/he can work with? Is your case worth his/her investment?  Etc.

Do not sign a contract at this time. You are still gathering information.  At the end of the interview, thank the attorney for his/her time and advise him/her that you will get back to them by a certain date.  You may want to follow up with an email reiterating your thanks for his/her time.  Ask for a copy of the agreement, so that you may review in at your own time.

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Making your selection

Once you have interviewed your initial selection of attorneys, take the time to review your notes and draw comparisons.  Most of the time, the “right” attorney will be obvious.  It may not necessarily be the one with the lowest fee (this should never be your selection criteria), nor the most experienced.  However, whomever you select, you should feel comfortable working with him/her. 

You are now ready to proceed to sign the attorney-client agreement which is discussed in a separate article.

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