Back to home page

Article - How to Hire a Lawyer


Do you know what to look for in a Lawyer?

When do I need a lawyer? What should I look for? What can I expect? All are very common questions. Below we will give you a guideline on what to do or to expect.

We all know what lawyers do? Or do we?

A lawyer's skill and experience can help you avoid problems and can also be important in relation to contracts and taking on legal obligations such as employment, purchase a home and so on.

There are instances aplenty where hiring a lawyer could actually save you a lot of money and /or safeguard you for the future.
But beware not all lawyers are the same. They have different approaches, styles and areas of expertise.

MAKE SURE YOU GET THE RIGHT LAWYER FOR EACH PARTICULAR SITUATION!

Do you know what to look for when hiring a lawyer? Below are a few steps to make it easier for you.

FIRST – Find the Right Lawyer for each particular legal issue.    

Finding the best lawyer for your legal issue is an important decision. Therefore the advice is to compare. GET AS MUCH INFORMATION AS YOU CAN FIND!! Search for and find out all about a lawyer on our website (www.ilaw.co.nz), or similar website in your country, or ask friends and family. Make a short list of the law firms you like.

Now call the lawyers on your list. Do not be intimidated by lawyers, they are like you, just people!! Ask him or her questions to help you make a decision. Some suggested questions:
• What is your experience with legal issues like mine?
• How recent is that experience?
• How was the matter resolved? (trial, settled, etc.)
• What was the outcome of the case?

(Sometimes lawyers would like to meet in person. If so, find out if there is a consultation fee. This consultation normally does not take much more than 15 minutes to a half-hour. )

Write down all the information you get from each lawyer and read through your notes before making a decision on your preferred lawyer. If and when you have "picked" the lawyer you feel most comfortable with and more importantly seems the best to take on your case, make an appointment to discuss your situation further.

SECOND – Prepare yourself for the Initial Meeting with your lawyer (again, do not feel intimidated).

Bring your notes to the interview. They should contain all about your legal situation so you can easily go over the important points with the lawyer. Also bring all information you have and could find about and connected with your case (including witnesses). Send or fax the documentation to the lawyer before the meeting so he/she has enough time to go over it all before meeting with you.

Ask the lawyer whether he/she will work on your case personally or have another member of the law firm handle all or part of it. If so, you should talk with them, as well.
Do not be shy; ask for an explanation if there is anything you do not understand the lawyer tells you.

Ask about how long the lawyer expects your case might take, what steps will be involved in preparing it and taking it to trial (if needed), what may expected from you in further preparing the case, and how you will be charged for the lawyer's services.

Talk about the fee arrangements. Most times Lawyer fees reflect experience and reputation in a particular area of the law. Sometimes you might not need a high priced lawyer because your matter is "pretty straight forward", if there is such a thing in relation to legal issues.

Another factor to effect lawyer fees is the complexity of the matter and the amount of time it will take. Time spent also includes: researching the law, finding and interviewing witnesses, preparing documents and strategising arguments for going to trial.

There are several kinds of fee agreements:
•    Fixed (standard) Fee: often used for routine legal matters, like drawing up a simple will or handling an uncontested divorce. Ask about what it does and does not include.
•    Hourly Fee: vary from lawyer to lawyer. To find out the approximate total of your bill, ask the lawyer to estimate how long your case will take. Circumstances may change though, and your case may take longer to handle than the lawyer expected at the beginning.
•    Retainer Fee: used to guarantee that the lawyer will be readily available. As a result, you will probably be billed at a higher rate for the legal work that is done. If the retainer is not refundable, you may not be able to get your money back, even if the lawyer does not handle your case or complete the work.
•    Contingency Fee: Popular with clients and fairly common in the US but not so common in countries like Australia and New Zealand. Sometimes used in personal injury, medical malpractice, workers' compensation and other cases involving a law suit for money. The client only pays the lawyer a certain percentage of the money if the case is won or if settled out of court. If you lose the case, the lawyer does not receive a fee. Note that you will still be liable to pay any court costs and other expenses involved, these costs can be quite high. To overcome this problem, get an estimate of the court costs and other expenses.
•    Statutory fee: For certain legal matters the cost is set by statute or law. This means the lawyer's fee is either set or must be approved by the court.

Make sure the fee agreements you agree to with your lawyer is confirmed in writing.

THIRD – Which lawyer is best for this particular matter?
 
How do you know which lawyer to hire?  It depends on how you feel after meeting with them. Base your decision on how well the lawyer can handle your case, rather than being concerned about his/her age. Age and looks can be deceptive! More important is the questions, does he/she have the experience my particular situation requires?
Keep in mind, lawyers determine the strengths and weaknesses of your case probably better than you can but there are no “guarantees”.
 
Some questions before making your decision about the RIGHT lawyer for your situation:
•    Do you feel comfortable with the lawyer's working style?
•    Does the lawyer have the experience and skill to handle this matter?
•    Is the proposed "strategy" clear and logical to you?
•    Is the fee reasonable, justified and in writing?
 
Even if you have answered 1 questions with "No" you might be better off to continue looking for another lawyer as the stakes might be too high to take chances.

FOURTH – Hire the Lawyer
 
Hiring a lawyer can be done orally or in writing. We recommend at least the financial arrangements to be in writing. Make also sure that the services the lawyer will perform for you are set out. If you do have an oral agreements only ask you lawyer to confirm the arrangement and make a written note of it.
 
You have a right to get itemised bills that show how the lawyer has spent time on your case, and an itemised list of expenses such as photocopying, telephone calls and travel costs.

LASTLY – Stay in contact
 
During the cause of the matter stay in contact or let your lawyer contact you to update you about your case and approximately how long your case will take.
 
Provide all information about any developments that take place on your case, even if you think it could be harmful or you think it's unimportant. It could be important to your lawyer.
 
Contact your lawyer promptly if have questions or concerns about your legal matter or the way it is addressed, listen to the responses, and if necessary act upon them.

« back