Are you sure you want to take it to court?

Consider the following questions before you pursue legal action:

     What are your financial resources?

     Money buys experienced attorneys, and experience wins over first-year lawyers and public defenders. Even with a strong case, you may save money by not going to court.  Yes, people win millions in court.  But for every big winner there are ten plaintiffs who either lose or win so little that litigation wasn't worth their effort.

     Do you Have the time and energy for a trial?

      Courts are overbooked, and by the time your case is heard your initial zeal may have grown cold.  If you can, make a reasonable settlement out of court.  On personal matters, like a divorce or custody case, consider the emotional toll on all parties.  Any legal case will effect you in some way.  You will need time away from work.  A newsworthy case may bring press coverage.  Your loved ones, too, may face publicity.  There is usually good reason to settle most cases quickly, quietly, and economically.

     How can you settle your disputes without litigation?

     Consider mediation .  In mediation, each party pays half the mediator's fee and, together, they attempt to work out a compromise informally.  Binding arbitration is an another alternative.  For a small fee, a trained specialist serves as judge, hears both sides, and hands down a ruling that both parties have agreed to accept.

     How to hire and work with your attorney

      No matter how you hear about an attorney, you must interview him or her in person.  Call the office during business hours and ask to speak to the attorney directly.  Then explain your case briefly and mention how you obtained the attorney's name.  If the attorney sounds interested and knowledgeable, arrange for a visit.

     The ten-point visit:

     HIRING THE ATTORNEY

       Having chosen your attorney, make sure all terms are agreeable.  Send letters to any other attorneys you have interviewed, thanking them for their time and interest in your case and explaining that you have retained another attorney's services.

     Request a letter from your new attorney outlining your retainer agreement.  The letter should list all fees you will be responsible for as well as the billing arrangement.  Did you arrange to pay by a installment?  This should be noted in your retainer agreement.  In Illinois, if payment of the attorney is dependent upon an outcome, a written agreement signed by you is required by law.  The attorney or firm may have a policy requiring a written /signed agreement.

     Controlling legal costs

       Legal fees and expenses can get out of control easily, but the client who is willing to put in the effort can keep legal cost manageable.  Work out a budget with your attorney.  Create a timeline for your case.  Estimate the cost involved in each step.

       Legal fees can be straightforward.  Some lawyers charge a fixed rate for a specific project.  Others charge contingency fees (they collect a percentage of your recovery, usually 35-50 percent, if you win and nothing if you lose).  But most cases attorney's prefer to bill by the hour.  Expenses can run the gamut, with one hourly charge for taking depositions and another for making copies.

       Have you attorney give you a list of charges for services rendered and itemized monthly bill.  The bill should explain the services performed, who performed the work, when the service was provided, how long it took, and how the services benefits your case.

       By the same token, there is opportunity in legal billing for dishonesty and greed.  There is also plenty of good opportunity for knowledgeable clients to cut their billing significantly if they know what to look for.  Asking the right questions and setting limits on fees is smart and can save you a bundle.  Don't be afraid to question legal bills.  Ask for an explanation of your bill.

     When the bill arrives

• Retainer fees:  You should already have a written retainer agreement.  Ideally, the retainer fee applies toward case cost, and your agreement puts that in writing.  Protect yourself by escrowing the retainer fee until the cases has been handled to your satisfaction.
• Office visit charges:  Track your case and all documents, correspondence, and bills.  Diary all dates, deadlines and questions you want to ask your attorney during your next office visit.  This keeps expensive office visits focused and productive, with more accomplished in less time.  If your attorney charges less for phone consultations than office visits, reserve visits for those tasks that must be done in person.
• Phone bills:  This is where itemized bills are essential.  Who made the call, who was spoken to, what was discussed,  when was the call made, and how long did it last?  Question any charges that seems necessary or excessive (over 60 minutes).
• Administrative cost:  Your case may involve hundreds, if not thousands of documents:  motions, affidavits, depositions, interrogations, bills, memoranda, and letters.  Are they all necessary?  Understand your attorney's case strategy before paying for an endless stream of costly documents.
• Associate and paralegal fees:   Note in your retainer agreement which staff people will have access to your file.  Then you'll have an informed and efficient staff working on your case, and you'll recognized their names on your bill.  Of course, your attorney should handle the important part of your case, but less costly paralegals or associates may handle routine matters more economically.  Note:  Some firms expect their associates to meet quota of billable hours, although the time spent is not always warranted.  Review your bill.  Does the time spent make sense for the documents in question?  Are several staff involved in matters that should be handled by one person?  Don't be afraid to ask questions.  
• Court stenographer fees:   Depositions and court hearing require costly transcripts and stenographers.  This means added expenses.  Keep an eye on these costs.
• Copying charges:  Your retainer fee should limit the number of copies made of your complete file.  This is in your legal interest, because multiple files mean multiple chances others may access your confidential information.  It is also in for financial interest, because copying costs can be astronomical.
• Fax costs:   As with the phone and copier, fax can easily run up costs. Set a limit.
• Postage charges:  Be aware of how much it costs to send a legal document overnight, or a registered letter.  Offer to pick up or deliver expensive items when it makes sense.
• Filing fees:  Make it clear to your attorney that you want to minimize the number of court filings in your case.  Watch your bill and question any filing that seems unnecessary.
• Document production fee: Turning over documents  to your opponent is mandatory and expensive.  If you're faced with reproducing boxes of documents, consider having the job done by a commercial firm rather than your attorney's office.
• Research and investigations:  Pay only for photographs that may be used in court.  Can you hire a photographer at a lower rate than what your attorney charges?  Reserve that right in your retainer agreement.  Database research can also be extensive and expensive: if your attorney uses Westlaw or Nexis, set limits on the research you will pay for. 
• Expert Witnesses:  Question your attorney if you are expected to pay for more than a reasonable number of expert witnesses.  Agree ahead of trial as to the number essential to your case.
• Technology costs:  Avoid videos, tape recordings, and graphics if you can use old-fashioned diagrams to illustrate your case.
• Travel expenses:  Travel expenses for those connected to your case can be quite costly unless you set a maximum budget.  Check all travel-related items on your bill, and make sure they are appropriate.  Always question what the travel is necessary before you agree to pay for it.
• Appeals costs:  Losing a case often means an appeal, but weigh the costs involved before you make that decision.  If money is at stake,  do a cost-benefit analysis to see if an appeals is financially justified.
• Monetary damages:  Your attorney should be able to help you estimate the total damages you will have to pay if you lose a civil case.  Always consider settling out of court rather than proceeding to trial when the trial costs will be high.
• Surprise costs:  Surprise costs are so routine they're predictable.  The judge may impose unexpected court orders on one or both sides, or the opposition will file an unexpected motion that increases your legal costs.  Budget a few thousand dollars over what you estimate your case will cost.  It usually is needed.
• Padded expenses:   Assume your costs and expenses are legitimate.  But some firms of inflate expenses-office supplies, database searches, copying, postage, phone bills- to bolster their bottom line.  Request copies of bills your law firm receives from support services.  If you are not the only client represented on a bill, determine those charges related to your case.

              (Source: E-Z Legal Publishers)