Do I need a laywer?

When thinking about whether you need a lawyer, consider: What are the consequences if the problem is ignored; what is at stake? What are the costs of legal help? Are you knowledgeable about the law in this area; can you learn more about it? Are there other ways to deal with the problem?

The following situations may require professional legal help:

• Buying or selling real estate
• Starting a business
• Divorce or adoption
• Major financial transactions
• Being arrested and/or charged with a crime
• Involvement in an accident with major property damage or injuries to yourself or others
• Suing or being sued
• Estate planning
• Complex tax issues

HOW DO I PICK A LAWYER?

If you have decided to see an attorney how do you go about picking one? Remember, as with other professionals, attorneys tend to specialize in a particular area of the law. Law is simply too complex for one lawyer to be proficient in all of it! When looking for an attorney consider the lawyers expertise in the problem area you need help in. Look at prior experience and reputation.

Recommendations from satisfied prior customers may be one way to gauge this. Practical factors must be considered: the location of the attorney's office: is R convenient to you or to where the problem is? How quickly can the attorney deal with your problem? And what is it going to cost? Your personal preferences regarding a lawyer’s personality, gender, age, etc., may be a factor. Picking a lawyer is a personal judgment you must make. You should be comfortable with your choice. Ask questions and shop around. Get referrals from relatives, friends, real estate agents, and others who have had similar issues to deal with. In the end it is important to select someone you can trust to do the best job possible for you. Realize however, that there are no guarantees, be wary of anyone who assures you of a victory.

I THINK I NEED A LAWYER, HOW DO I FIND ONE?

Sources for finding a lawyer include:

• Military Legal Assistance Offices: are available to active duty and retired personnel and dependents subject to limitations because of staffing shortages and expertise.
• Government Programs: legal aid may be available to those with low incomes.
• Referrals & Recommendations: from friends, family, coworkers, other professionals (CPAs, real estate agents, other attorneys).
• Lawyer Referral Services: these are sponsored by local bar associations and maintain a list of attorneys and their fields of expertise.
• "Pro Bono" Services: many bar associations provide free or low cost services to those with a financial need. Contact the local bar association to see if this type of program is available in your area.
• Advertisements & Directories: the yellow pages are a source- but be aware, as with any advertisement, these are paid for by attorneys soliciting business; there is no guarantee of experience or competence.
• Public Defender- both state and federal governments have lawyers who are appointed to provide criminal defense representation to those who cannot afford to hire a lawyer. Note however, that each jurisdiction sets the income limits for this representation. You may think you can't afford a defense attorney, but still be over the limit!

WHAT WILL IT COST?

There's no denying it, legal help isn't cheap! With the exception of free and reduced fee services (legal aid, military legal assistance, pro bono programs, public defenders), you can expect to pay for your legal help. The cost will vary depending upon the type and complexity of the problem, your geographic location, and the quality of the attorney. Remember, attorneys earn a living just as you do. They have office overhead, a staff to pay, and other fixed costs. When you hire a lawyer you are hiring the use of these resources. You are paying for the attorney's experience, reputation and ability as well as that of his/her staff.

You should discuss fee arrangements when you first visit a lawyer. After all, what is it going to cost is part of your decision to hire any particular attorney! Fees listed in advertising ("simple divorce only $150") are generally only a starting point. They may not include court costs and other expenses. Common fee arrangements include:

• Fixed or Flat Fee: a set cost for a specific service; this is common for routine services such as simple will drafting, real estate transactions, etc.
• Hourly Rate: the cost is based on the time the lawyer spends working on your problem. These fees can range from a relatively modest amount to over $300 per hour. You will likely be required to pay a certain amount "up front"; this is known as a retainer and is usually based on the expected costs of the case.
• Contingent Fee: fee based on a percentage of the amount the lawyer recovers for you. These are most common in personal injury and property claims where you are trying to recover money damages from another party. If you lose and there is no recovery you pay no fee. However, you are still responsible for certain costs and expenses that the lawyer may have incurred (court costs, filing fees, telephone charges, etc.). Also, in many states you may not use a contingent fee for family law or criminal cases.

You and your lawyer are free to negotiate any fee arrangement permitted by law. Be sure to understand what your costs will be up front. While it may be impossible to determine the exact final cost in advance, you should get a written estimate that explains what and how you will be charged.

WHEN NOT TO SEE A LAWYER:

Some situations don't require a lawyer to resolve. A common complaint is that Americans are too quick to sue. Arguments with neighbors, problems with products, disagreements with landlords, etc., may all be resolved by talking the problems out. Manufacturers and merchants may be very responsive to customer's complaints. There are public and private dispute resolution services that can help mediate a problem. Federal, state, and local government agencies may be best able to help resolve a complaint or problem. Some agencies even have internal problem resolution offices to handle your complaints. However, if these all fail to help, or if there is no alternative for you to turn to protect your rights and interests, seeking professional legal advice should be considered.