Wednesday, November 17, 2010

Avoidance

On a final and practical note, how should one avoid the bad lawyer in the first place?

According to Microsoft's website for small businesses, the following tips will help prevent one from committing to a relationship with a poor-performing attorney:

1.  Get a specialist.  Do not settle for a general practitioner or a specialist in a different area of law just because she's a friend or has served you well in that one area.  As we are all learning, the body of law is enormous and it is impossible for an attorney to specialize in all of the law.

2.  Do your homework.  Resist the urge to use the exclusively use the phone book to find an attorney.  Check with the state Bar to see what attorney's have been disciplined in the past five years.  Check with people you know who have used an attorney.

3.  Check out the fees.  Make sure you understand what costs are associated with the lawyer, how he charges, and if the consultation is free.  Do not go into a meeting with an attorney with a blank check because some attorneys may take everything they can get, especially if you do not know what to expect.

4.  Do not sign unless you agree.  Do not enter into a relationship with an attorney unless you understand and are comfortable with the fee agreement.  Also, ask the lawyer for an estimate for how much she anticipates the case will cost.

5.  Ask questions.  Understand what your attorney is doing for you.  If you do not understand, ask questions.  If your lawyer will not answer your questions, see if other staff can explain procedural issues to you.

6.  Insist on good communication.  Make sure you discuss with the attorney the best way of being in contact with him.  If he regularly fails to respond to your communication for more than a few weeks start looking for a new lawyer because yours may be too busy for your case.

7.  Be wary of promises.  The law is difficult to predict and any attorney who makes black and white promises probably is not a good attorney.  Most legal issues are complex and do not qualify for a yes or no answers.

When you need an attorney be aware of all of these tips so that you do not get taken by a greedy and unscrupulous lawyer.  Good luck!

This blog is prepared by a paralegal student as a class project, without compensation. The content of this blog contains my opinion, and is offered for personal interest without warranty of any kind. Comments posted by others on this blog are the responsibility of the posters of those messages. The reader is solely responsible for verifying the content of this blog and any linked information. Content, sources, information, and links will most likely change over time. The content of this blog may not be construed as legal, medical, business, or personal advice.

4 comments:

  1. You have given some very helpful hints for seleting an attorney. I think it is amazing that people routinely open the phone book to find someone to represent their interest, or allow an attorney they know represent them in a matter that is not an area they regularly practice. I agree that one should show a bigger interest in the selection of the one who holds their future.

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  2. Those are some very helpful hints. Just because someone is an attorney doesn't necessarily mean they are efficient in their work. Good insights. Will definately look for those criteria in hiring an attorney

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  3. Hi Amanda... Great post, a lot of helpful information on attorney selection. Finding the right attorney for the need at hand can sometimes be a tedious undertaking. It is extremely critical to do your homework in selecting a good, qualified attorney, no matter how small or involved your case might be...It is critical, as you have mentioned, to get a good qualified attorney, and not just a "fly by night" lawyer.

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