Answers to Frequently-Asked Questions about Finding and Selecting Legal Services

Is the lawyer a certified specialist?  The Texas Board of Legal Specialization oversees a testing and certification process for attorneys who want to advertise an expertise in family law.  Certification of special competence in family law is no guarantee that the lawyer will meet your needs, and may excellent lawyers choose not to be certified as specialists.  Specialization does show the attorney’s commitment to special competence in family law. 

Is the attorney part of a firm or collaborative association with access to experts in many areas of practice?  In some instances, legal needs relate to several areas of the law or other professions.  For instance, estate planning and bankruptcy issues often encompass tax questions; family law cases can require knowledge in the areas of accounting, corporations, mineral rights and psychology, among many others.  What resources does the attorney have available to him or her? 

What percentage of the attorney’s practice is devoted to family law?   Many times, an attorney who is a generalist can be effective and efficient in handing legal matters.  Sometimes, however, it is desirable to have an attorney whose practice is limited to family law.  This attorney might have more experience and a greater depth of knowledge to manage more difficult legal issues. 

Does he or she belong to organizations dedicated to keeping him or her informed about the topic?  In family law, as in most areas of the law, it is important that the lawyers stay abreast of the ever-changing legal landscape. 

How many years has the attorney been practicing family law?  Experience does not necessarily make an attorney smarter.  It does give him or her a feel for the real world, and the ability to pass on the benefit of practical knowledge.  Often, a younger lawyer will associate with a more experienced attorney upon whom he or she can rely for advice and review. 

What was the attorney’s professional or educational emphasis prior to law school?  In drafting an oil and gas contract, it might be helpful to have an attorney who was trained as a petroleum engineer.  In a medical malpractice case, experience in the health-care industry would be beneficial to the consumer.  A former journalist might write the best appellate brief, and a CPA might be the most effective tax attorney, if that is your need.  Family law cases often involve issues that span the legal spectrum. 

What is the attorney’s reputation in the community? Is this attorney known as a hawk or dove?  Having an attorney known to be a good litigator is not necessarily a bad thing but you should inquire closely about whether the lawyer is open to resolving issues outside of court.  It  has been said, “if all you have is a hammer, everything looks like a nail.”  If the attorney is focused on litigating, every case will begin to look like a case that must go to court.  Check with others in the court system and in your community for information about an attorney’s reputation.

Q. How do I know if an attorney is the right one for me?

A. A good match of personalities is probably the most important factor in a successful attorney-client relationship.  Nothing will make a lawyer more frustrated and client more dissatisfied with legal services than a basic failure to connect or communicate.  Much of the information you will need to make this decision will be available to you at an initial meeting, although some of it will be gathered over time.  Look at the following list of attributes and decide which are important to you.  Communicate your expectations about the relationship to the attorney and see if you feel you have a meeting of the minds about the quality of relationship you could have with this person. 

If a lawyer is right for you, you will find that most of the following statements are true for you:

·      My lawyer listens to me and helps me to clearly define my goals and interests.

·      My lawyer or someone in his or her office responds to me in a timely way.

·      I feel I can ask as many questions as I need to without making my attorney angry or impatient.

·      My lawyer will tell me the truth, even if it is something I do not want to hear.

·      My lawyer makes it easy for me to tell him or her how I feel, even if it is an uncomfortable situation.

·      I feel free to disagree with my lawyer without making him or her angry.

·      I feel confident that I have all the information I need to make a decision that is best for me in my case.

·      Once I have been well informed about my options and the consequences of choosing each option, my lawyer will support me in my decisions about my case, and will not impose his or her judgment or opinions on me.

·      My lawyer is clear about his instructions and expectations of me and helps me to maintain reasonable expectations for the outcome of my legal matters.

·      My lawyer keeps his or her commitments when possible, and when it is not possible for him or her to keep a commitment, communicates that information to me at the earliest possible time.

·      My lawyer respects my time and gives me adequate notice and time to complete necessary tasks.

·      My lawyer keeps me informed about the costs associated with actions I take.

·      My lawyer refers me to outside resources when he or she is not equipped to provide me with the services I need.

·      My lawyer gives me the option to do some tasks that are needed for my case, so that I can help keep my costs down.

·      My lawyer is always respectful and courteous to me and the other people with whom he has contact.

·      My lawyer will choose “the high road,” even if the other side is not behaving in a like manner, and even when I might ask him or her behave otherwise.

The corollary to this is, of course, that the client must meet certain behavioral standards that are conducive to maintaining a positive relationship with any attorney.  The following is a list of attributes possessed by clients who receive the most benefit from their interaction with attorneys:

·      My client listens to me and asks questions when he or she does not understand something.

·      My client understands the futility of rehashing the past or worrying about the future, so that energy may be spend on his or her current situation.

·      My client responds to me in a timely way and keeps me informed about how to get in touch with him or her.

·      My client will tell me the truth, even if it is something I do not want to hear.

·      My client makes it easy for me to tell him or her how I feel, even if it is an uncomfortable situation.

·      I feel free to disagree with my client without making him or her angry.

·      My client communicates directly with me if he or she is concerned or worried about my legal services so misunderstandings and inadvertent comments do not turn into resentments and problems.

·      My client honors his or her commitment to pay the bill for legal services.  He or she brings up questions or issues about bills at the time they are presented.  He or she is forthcoming with information that may effect his or her ability to pay the bill for legal services.

·      My client seeks a meeting of the minds with me about reasonable expectations – my expectations of him or her; his or her expectations of me; and the expectations for the outcome of the case.

·      My client understands that it is not productive to complain about things over which he or she has no present control.

·      My client keeps commitments and meets deadlines whenever possible.  If it is not possible to keep a commitment, the client communicates that information to me at the earliest possible time.

·      My client respects my time and my office hours.

·      My client is respectful and courteous to everyone in my office and everyone else involved with his or her legal representation, even when he or she is angry, disappointed or anxious.

·      My client takes responsibility for his or her own situations, and does not blame others or attempt to justify inappropriate behavior.

·      My client takes advantage of outside resources like mental health professionals to help him or her deal with the stresses that accompany the matter for which he or she has sought legal representation.

Q. How much should I expect to pay for legal services?

A. The answer to this question will vary from area to area, even within the state.  Some legal matters may be done for a flat fee – a one-time charge for the complete services.  Others will be charged at an hourly rate. 

If the services are not to be provided for a flat fee, the lawyer should give you his or her best estimate of the cost of handling your legal matter.  Lawyers who charge by the hour generally work off of a retainer – a prepaid amount that is held by the attorney for the benefit of the client, and is used to pay for the legal services as they are incurred. 

An estimate of charges for legal services charged by the hour cannot be precise, because legal fees are determined by a number of factors, including the difficulty of the case, and the amount of cooperation (or lack thereof) between the parties and/or their attorneys. 

It is critical that you and your attorney communicate clearly about legal fees.  This is the area in which most disputes arise between attorneys and clients. If you have a finite amount of money that can be paid for legal fees, tell this to the lawyer.  It will sometimes be a deciding factor in generating strategy for a lawsuit.  If the attorney cannot take your case for the amount of money you have available, both of you will be better off if you find an attorney who is less expensive and still competent to do the work.

Most people do not build expenses for a lawsuit into their monthly budgets, so many are borrowing from lending institutions or family members or retirement plans to pay legal fees.  Be up front about your situation, and ask for ideas about how you can stretch your legal dollar as far as it will go.  Here are some strategies:

·      Ask the lawyer if he or she routinely assigns tasks to the least expensive person competent to perform them.  Often there are associate attorneys, legal assistants and clerks who bill at lower hourly rates.           

·      If you have available time, ask if there are things you can do for yourself that might cost less than paying someone in the lawyer’s office to do them.  Be aware that deadlines must be met and some rather arcane rules must be followed, so this is not always possible.  There are also some tasks that require the judgment of someone who has knowledge, training and experience in law.

·      Be creative.  Ask if a more experienced, expensive lawyer would be willing to co-counsel with and supervise a less-experienced, more affordable attorney so everyone benefits.  The less-experienced lawyer gets a new level of training, the more-experienced lawyer gets to use the benefit of his or her expertise, and the client gets the best of both.

·      Ask the attorney to estimate the financial consequences of various alternatives when you are presented with choices.  The client should always be making a decision about his or her legal matters from a fully-informed perspective.

·      Be judicious about how much of the lawyer’s time you use.  An hour-long telephone call to complain about the pitfalls of “The System” will cost just as much as an hour in court.

·      Ask the attorney to tell you how he or she likes to receive and deliver information most efficiently.  Often, an e-mail or fax will cost less than a meeting or telephone call because the attorney can turn his or her attention to the matter when it can be handled in a streamlined manner.