Masonry Magazine April 2003 Page. 53
Attorney Information
Information is submitted by participating attorneys and their firms and may be found at Martindale & Hubble (tindale.com). This information is also available in a multi-volume set of books generally found in the reference section of public libraries and in local bar association or courthouse libraries that are usually open to the public. Bear in mind, however, that attorney websites and Martindale & Hubble listings contain information provided by the attorney, and not by an independent source. In short, it is marketing information.
The next step is to call several attorneys for an interview, preferably held in the attorney's office. Take relevant documents to the meeting, ask questions and look around. Take notice of the lawyer's office, staff and working environment. Do they appear organized? Is the staff professional? How do they interact?
During the interview and initial meeting you will likely describe your issue and why you are seeking legal representation. While good legal advice will require you to describe your matter in some detail, it is equally important for you to ask questions of the attorney to develop a comfort level before you decide to retain him or her. Among the issues you should discuss are:
* What are the attorney's background, experience and specialization, if any? How many issues such as yours have they handled?
* Who else will assist the attorney in your matter, and what is their background? This is important because many senior attorneys appropriately will delegate client matters to junior attorneys and paralegals, who will perform much of the work.
* How does the attorney communicate with and update his or her clients in matters such as this, including not only the frequency of communications but also the method of communication (e.g. letter, report, email, fax, etc.)
While it is unlikely that during an initial interview a lawyer will have fully analyzed your matter, you should not hesitate to ask for the attorney's preliminary assessment of your situation, and to identify strengths and weaknesses of a potential course of action. A related consideration is to ask the attorney to describe a range of outcomes for your matter.
What are the attorney's fees and costs? Many attorneys charge fees on an hourly basis, and you should ask for a detailed description of the hourly rates for each person whose time will be billed to you. You should also clarify the costs (e.g. travel, photocopy, electronic research) you will be expected to pay. I also recommend that you obtain a written retainer agreement that will define the scope of the attorney's representation of you, list the fees and costs you will pay, and describe the frequency of billing. This agreement is typically set forth in a letter from the attorney to you.
On a related financial issue, consider raising the issue of a budget. Many legal matters involve fairly predictable work, such as contract drafting, and the attorney can generally project early on the approximate fees and costs involved. Other matters, such as litigation, are more dependent on the actions and responses of other parties and are therefore, less predictable.
An experienced attorney, however, should be able to advise you as to the likely range of fees and costs you can expect to pay.
Ask the attorney for references, particularly clients who have presented issues similar or related to yours. Contact the references and ask them about their overall satisfaction with the attorney's handling of their issues, and their views about the fees, costs, surprises and frustrations, if any.
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April 2003
Masonry 51