Lawyers: Fact & Fiction
A lawyer joke which has been around for a long time goes like this: One
business executive says to another: "Last night, it was so cold that
I saw a lawyer with his hands in his own pockets." If you enjoy lawyer
jokes, then try the Nolo Press at http://www.nolo.com/,
I like the jokes even though they make fun of my profession; but, if you
are serious about creating a long term relationship with a professional
for legal advice and services, here are some points to consider:
Misconceptions
The impression some people have of lawyers is that lawyers charge exorbitant
fees; they take too long to complete the work; they always do more than
is necessary; they take forever to return phone calls; they messed up a
good deal; they are generally sharks and ambulance-chasers out to get people
and their money. Although there are lawyers who are like that, here are
a few tips on what you should expect from your lawyer and how to ensure
that you are satisfied with the work.
Not All Lawyers Are Alike
Every lawyer has different experiences and resources available to do
your legal work for you. Just as there are various areas in medicine, there
are various areas in law. For example, there are lawyers that restrict their
practice to certain areas such as family law, business law, immigration
law, criminal law, real estate law, litigation law, etc... Some lawyers
are also general practitioners that practice many areas. Do not think that
the bigger the firm the better the service. Sometimes you will get better
service at a smaller firm. However, sometimes you may require the resources
of a larger firm. Different lawyers also have different approaches to solving
problems. Decide what is important to you and find a lawyer who has the
same approach to solving your problem.
Finding a Lawyer
"I Asked the Lawyer to Keep It Simple"
Sometimes keeping your deal simple is very difficult to achieve and very expensive to do. Some matters are by their nature very complicated.
Before rejecting any recommendation by your lawyer, you should carefully
think of the consequences of your action. If you don't understand why a
lawyer is recommending a certain course of action, then be sure to ask the
lawyer: the purpose of the action, the consequences of taking the action,
the consequences of not taking the action. Make sure that your decisions
are informed ones made after careful thought and not based on emotion.
"What!? The lawyer charges $150 an hour?"
Most lawyers operate on an hourly basis. Lawyers keep track of the amount
of time that they spend on your file. Every time a lawyer works on your
file, the following information is recorded: (1) description of work, (2)
time spent, (3) date, (4) amount charged. This information should be provided
to you when you receive your invoice.
Fees For Services
"What is a Retainer Fee?"
Before lawyers commence doing work, they will request from you deposit
money that they will hold in a special bank account called a "lawyer's
trust account". This money is called a "retainer fee". The
money deposited in a lawyer's trust account does not belong to the lawyer.
The lawyer is holding the money for the people who are entitled to the money.
As the lawyer commences work and sends you a bill or incurs expenses on
your behalf, the money will be taken from the money held in trust as a retainer
fee. After your matter is completed, the lawyer will refund back to you
any extra money that is remaining in the lawyer's trust account that belongs
to you.
"My Lawyer is Not Doing Anything for Me"
If you are not happy with your lawyer, do not feel that you are stuck
and can't change lawyers. Remember that you are entitled to change lawyers
at any time, however, you are still responsible to pay for the work completed
to date. Before changing lawyers consider the following: tell your lawyer
you are not happy; explain what you are not happy about; ask the lawyer
what can be done to change the situation.
DISCLAIMER
This information has been prepared only for general purposes
and is not legal advice. Presentation of this information is
not intended to create an attorney-client relationship. Do
not act upon this information without seeking professional
counsel.
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