When Hiring a Lawyer, Don’t Hesitate to Lay Down the Law on Charges, Services

You’re buying a house, getting a divorce or have just broken your leg after a fall at the office. Everyone tells you to get a lawyer, and your first question is, “How?”

Finding a lawyer is easy. There are advertisements on television, in telephone directories, on billboards, even on buses and subways. There’s also word of mouth and recommendations from family and friends.

But once you find a lawyer, deciding whether to retain him or her to represent you takes some effort. Remember, lawyers can cost up to hundreds of dollars an hour--a major investment--so this should be taken very seriously.

Shopping for a lawyer is not much different from shopping for a car: You read the literature, give it a test drive and feel free to look under the hood.

Barbara J. Swist, founder of Consumers for Legal Reform, a nonprofit organization based in Irvine, says the first thing to do is interview the lawyer to see if you like him or her.

Before you even step in the door, though, ask what, if anything, the initial interview will cost. Some lawyers will meet with prospective clients free, but others charge their regular hourly fee. You won’t know unless you ask.

If, for whatever reason, you don’t have a good feeling when you meet the lawyer, walk. There are plenty of others to choose from.

Before you decide to hire a lawyer, meet with him or her in the office, check out the surroundings, and be prepared with a list of questions to be answered. You can tell a lot about a person by his or her office. Papers and files lying haphazardly around may indicate that they might be sloppy handling your case as well.

Swist suggests that you ask about the lawyer’s professional background and the background of the firm. Ask about legal malpractice insurance and ask to see a copy of the policy.

Ask how many attorneys will be handling your case, and find out your attorney’s trial experience.

It is essential that you understand the fee structure before you get started, Swist said.

There are basically three different types of fee arrangements or combinations.

The first is a flat fee, where the lawyer agrees to do something for a specific amount of money. This could be, for example, $200 to draw up a simple will or X amount for the closing on the sale or purchase of a house.

The second is a contingent fee, where the lawyer agrees to get a percentage of the recovery of damages. This would usually occur if you were suing someone. The fee could be one-third or more depending on the agreement. If there is no recovery, there is no legal fee. But some lawyers will still hold the client responsible for some expenses. You have to ask.

The third is an hourly rate, in which the attorney keeps track of his or her work by 15-minute increments. Many consumers are unaware that telephone calls to the attorney are often billed as work time, as are photocopying, secretarial services and research.

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Swist reminds consumers that all fees are negotiable. But fees should be in writing and agreements must state what work will be done by the attorney.

When dealing with a contingent fee, find out if it is based on gross or net recovery.

Lawyers are generally unable to give a firm estimate of how high fees will run because of so many vagaries in the legal process. But consumers should ask for, and receive, a sample monthly billing statement so they can see what is being charged.

Many attorneys request a non-refundable retainer, a fee that is a deposit toward future payment.

In Swist’s 22-minute video, “Legal Secrets--How to Hire a Lawyer,” Mac Jacobs, a Southern California trial attorney, says a lawyer should agree to keep only the portion of the retainer he actually earned should the client and attorney stop working together before the case is concluded.

Swist says consumers should ask for references, receive them and check them out. And the client should feel free to set standards--phone calls returned within 24 hours, copies of all case-related correspondence, etc., and have the attorney agree to those standards.

Knowing what you are buying and how much it will cost before sticker shock hits you can make your legal experience more satisfying, and possibly more successful.