Many lawyers will meet with you once without charge, as long as you make it perfectly clear that you do not expect free advice about the details of your case during the get-acquainted session. Before going to the meeting, write down the questions you want to ask. Bring along any relevant documents so that you can leave copies (not the originals) if you decide to hire the lawyer. You may want to choose a lawyer who talks with you in language you can understand--not "legalese."
What percentage of your practice is devoted to cases like mine?
Some lawyers specialize in a particular type of law, such as family, tax, or criminal law, and they may charge higher fees than general practitioners. On the other hand, they may be able to get the job done faster for you, and so the overall cost may be the same or less. Most general practice lawyers also can handle a variety of legal matters. Ask the lawyer about the results of some recent cases similar to yours, including time spent and fees charged. Finally, ask the lawyer for names and phone numbers of clients you can call for references.
Will you personally work on my case, or will you delegate it to an associate or paralegal assistant?
Some attorneys turn over much of their work to junior associates or paralegal assistants. This can save the client money, but only if assistant services are billed separately from the lawyer's rate and if their work is well-supervised.
Will you keep me notified about the progress of my case?
A lawyer should keep you up-to-date on what is happening with your case, especially if there is a chance the initial estimated fee will increase. You also may want to know whether the lawyer will be easily accessible to you by phone and if calls will be returned.
How long should it take you to complete my case and what, roughly, is it going to cost me?
A lawyer should be willing to openly discuss a time schedule and fees. Get the estimated hours of work and fees in writing.
If something goes wrong between us, will you consent to binding arbitration?
Most state bar associations have arbitration committees that, for a certain charge, will settle disputes that you may have with your lawyer about fees. By agreeing to binding arbitration, both attorney and client agree to present their cases to an outside panel and to abide by its decision in the dispute. Ask whether consumer representatives serve on the arbitration panels and whether the panels will consider disputes other than those over fees. In addition to bar associations, some consumer agencies also offer arbitration services.
What services do you provide for a flat fee?
Often, you will be able to pay a set fee for straightforward tasks such as composing a deed or will or conducting a title search.
What are your hourly rates?
Depending upon the experience and reputation of the lawyer, you could pay a lawyer from $20 to $300 per hour. If your case is not a fairly simple one for which you can negotiate a single flat fee, the hourly rate you agree to pay the lawyer should be understood at the outset. It is very common for lawyers to charge by the tenth or quarter-hour. This practice can save the client money particularly if your case involves many phone calls. For example, if your lawyer charges by the quarter-hour and you are on the phone for only five minutes, you still will have to pay for a full quarter-hour of the lawyer's time. Since smaller increments may add up to less total cost, clients working with lawyers who work on hourly rates should ask about tenths and quarter-hour charges. Ask your lawyer to put a top limit on the fee you will be charged. Keep a record of the telephone calls you make to your lawyer including the date, time, and length of the call.
Do you require a retainer for your services?
A retainer is similar to a down payment for services to be performed. Be certain you know exactly what services are and are not covered by the retainer. Ask that the retainer be applied to the balance owed. And, you may want to ask the lawyer to agree ahead of time to a refund if the retainer seems to have exceeded the cost of time actually spent on the case.
Do you accept contingency fee arrangements?
If you are under financial pressure or cannot raise enough money to hire a lawyer on an hourly basis, you may want to request a contingency fee arrangement. Under this arrangement, the lawyer collects a percentage of any amount of money you win as a result of the case being decided in your favor. If you do not win the case, the lawyer does not receive a fee. Since you may have to pay court costs, which are different from lawyers' fees, be wary of statements that there will be "no charge" if you do not win.
Ask whether the lawyer computes the contingency fee before or after the expenses for handling the case are disbursed. You may collect more money if expenses, such as court costs or witness fees, are deducted before the contingency fee is computed.
The customary contingency fee is 33% of the settlement or award, although fees range from 25% to 50%. Some lawyers offer a sliding scale in which the percentage changes depending on one or both of these factors: how long it takes to settle the case; and/or how much the award is.
If the sliding scale is based on how long it takes to settle, for example, the lawyer may collect 25% if you settle before trial, 30% if there is a trial, and 40% if there is an appeal. Or, the sliding fee scale may be based on the size of the amount, with the lawyer generally receiving a lower percentage as the amount increases. You should discuss the sliding fee option with your lawyer to negotiate the best price.
Will you put this agreement in writing?
Many lawyers have simple one-page contracts for this purpose, but usually such contracts do not address the client's specific concerns. Ask that all fee arrangements and agreed-upon services be included in your contract. In addition, include in your contract a provision for settling any unforeseen disputes (such as fee disagreements or delays in handling your case) between you and your lawyer. If the lawyer will not put this information in writing, you may want to consider looking for another lawyer.
Will you provide a written estimate of all costs--including expenses--before you begin work on the case?
Among the most important documents required in all dealings is the written estimate. The lawyer should provide one that includes an estimate not only of the fees, but also of filing and court costs, letters, copying, time on the phone, and other expenses that may be connected with your case.
Will you itemize your bills?
Ask that all billings be itemized and sent to you on a regular basis. If you wish, you may include limitations or a ceiling on costs that cannot be exceeded without your written permission.
First, discuss the complaint with your lawyer. Many misunderstandings can be resolved at this level. If you still are not satisfied, contact the supervisor or senior partner, if there is one, in the firm. If your grievance cannot be resolved at one of these levels, go to the professional organization or licensing authority that oversees that profession.
All lawyers must be licensed by the state before they can practice in a court of law. Most city, state, and county bar associations have grievance committees to deal with complaints about their members. If you are unable to locate a local bar association, or have questions that deserve the attention of the national bar, contact the American Bar Association at its national headquarters, 750 North Lake Shore Drive, Chicago, IL 60611; (312) 988-5158.
If your complaint is about fees, most state bar associations have arbitration committees to handle this type of problem. If the bar association cannot deal with your problem, your local consumer protection agency may be able to assist you. You also may want to ask the bar association for the name of the special agency or office set up by the state's highest court to deal with client complaints.
Notice: The information provided is of general nature and is not intended to replace the advice and counsel of an attorney.