Choosing an Attorney

When you need an attorney, the first thing you need to know is how to choose one.  The process can be confusing, and you may not know what to look for or what questions to ask.  Here are some questions that might make the process easier.

Area of Practice?  You wouldn't ask your dermatologist about a problem you’re having with your eyes.  It's the same with lawyers. The lawyer who handled your friend's divorce is probably not going to be able to help you when you experience workplace discrimination or need someone to defend you in a criminal trial.  Lawyers specialize in particular areas of law, so figuring out what type of lawyer you need and then searching by that type is the first step in selecting a lawyer.

Good Standing?  Whatever you do, make sure the attorney you choose is in good standing and hasn't had any disciplinary action from his or her state bar.  Each state's bar association website has a place where you can look up attorneys and get this information up front.

Experience or Enthusiasm?  Deciding whether to choose an attorney who has been practicing for years or one who is relatively fresh out of law school is a big decision and depends on what you are looking for.  An attorney with years of experience will have seen most variations on your particular problem and be ready with contingencies.  However, an attorney with less experience might be willing to go the extra mile to keep your business, find you every possible solution, and gain a reputation.  The question is, do you want someone who's seen it all or someone who's hungry and might be willing to take more risks or think a little farther outside the box?  The answer will depend not only on which you value more highly, but also on what kind of case you have.  If you're being prosecuted for a serious crime, obviously you're going to want someone with a strong criminal defense track record.  However, if you're suing someone for medical malpractice, an attorney who needs to make a name for him- or herself and enough money to keep the practice alive could be a lot more aggressive on your behalf or might even risk taking a case a more experienced practitioner would shy away from.

Firm or Single Practitioner?    This can be an important issue.  Having the extensive resources of a firm can be an advantage, but if you need to feel like you're dealing with the same couple of people throughout the process, this might not be for you.  If in doubt check out an attorney that works for a large firm and one who works for himself and ask questions about the process, including who will be handling different aspects of your case and who you will be in contact with frequently.  There are pros and cons to both, but ultimately your personal comfort will likely be the deciding factor.

What About the Money?  When choosing to work with a lawyer, find out up front what the fees are going to be.  Ask whether you will be charged a flat rate or billed per hour.  Depending on the type of case you have, will the lawyer take it on a contingency basis, where he or she gets paid only when (and if) you do?  Be as clear on this issue as possible because it will save a lot of grief in the long run.  If an attorney doesn't want to discuss this question with you honestly, find a different one who will.

Finding a good attorney is as important as finding a good doctor.  You need an attorney who will work with you, answer your questions, and respond promptly.  Don't be afraid to visit a few in your search.  Think about it like going to a dealership and test driving a couple of different cars.  Don't be afraid to ask questions.  Also, remember that being comfortable with an attorney is important.  He or she might be highly recommended, but if you don't feel at ease, then the relationship is not going to be a pleasant one and the odds that something will go wrong are high.  Be honest about your needs and share them upfront with the attorneys you interview.  Then choose the one you feel can best represent you.

Related Links:

• Find a lawyer with lawyers.com.
• Find out what questions you should ask a lawyer.
• Find out what the different areas of legal practice are, from Admiralty Law to Zoning and Land Use.
• Look up a lawyer on your state's bar association website.