02/ 18/ 2005
by Beth Gaudio
NFIB Legal Foundation
Although no one likes to think about it, in the course of your business, there probably will come a time when you will need the assistance of a lawyer. Whether it is for a complex contract or a real estate deal, hiring a lawyer can be a complicated process that leads to many questions. The answers to the questions below will assist you in hiring a lawyer that best represents your needs.
Question:
Where can I find a lawyer?
Answer:
There are several places you can look to find legal counsel to help you with your problem.
- State and county bar associations are good places to look for a lawyer. They can help you identify the names of lawyers who specialize in the area of law in which you need assistance. They can also let you know if the lawyer has been the subject of an ethical complaint or inquiry. A listing of state bar associations may be found at bestcase.com/statebar.htm.
- The Martindale-Hubbell Law Directory lists lawyers by state and city and provides summaries of their education and areas of practice.
- Lawyer referral services are another commonly used resource. These services will connect you with a lawyer who specializes in your problem for a small fee, usually around $30. You can find these services in the yellow pages under “Attorney Referral Services,” “Attorneys” or “Lawyers.”
- Word of mouth is also a valuable resource. Some of the best referrals come from friends, fellow business owners, colleagues or family. Talk to people who have used lawyers recently, and if you know any lawyers, talk to them also.
Be wary of finding a lawyer through advertisements. Take caution with words such as “free” and “no charge.” The size of the advertisement has nothing to do with the quality of the lawyer.
Question:
How do I know which lawyer is right for me?
Answer:
You should always interview two or three lawyers before making your final decision. You should be comfortable with the lawyer you are working with, and he/she should have the necessary skills to win your case.
In your interviews, be sure to bring the general points of your case and all the names, addresses and phone numbers of everyone associated with your case. At a minimum, you should ask the following questions: How long have you been in practice? How many cases like this have you handled? Do you typically go to trial or are most of your cases settled out of court? How much do you estimate this case will cost? How long do you estimate this type of case will take to either settle or go to court?
If you don’t understand something the lawyer is saying, ask for clarification. In order for you to feel comfortable with your lawyer, it is crucial that you understand what he/she is telling you. Don’t let the lawyer overwhelm you with legal jargon.
Finally, be sure you understand the terms of your agreement with the lawyer. Don’t sign anything until you have time to review it and consider other offers. Changing lawyers is a last resort that you should avoid at all costs, so make sure you are comfortable with the lawyer you select.
Question:
Can I do anything to reduce my legal costs?
Answer:
Yes, there are a number of ways you can keep your legal costs down.
- Don’t make unnecessary phone calls to your lawyer’s office.
- Be organized. Put your concerns in writing and keep a copy for yourself. This gives you a record and allows for efficient communication. Also, write down any questions that you want your lawyer to answer. This will spare multiple, unnecessary phone calls and meetings with your lawyer.
- Require that your attorney get your authorization for expenses that exceed $200, and ask for copies of all receipts.
- For additional information on lawyers, fees, expenses and billing practices check out the American Bar Association’s Web site on fees.
- Meet quarterly with your lawyer to assess the progress of your case compared to your budget.
For more detailed information on finding a lawyer, please visit the NFIB Legal Foundation’s Web site to obtain a copy of Helpful Tips for Hiring a Lawyer, a resource that was specifically developed for small-business owners.
NFIB provides this Web site for informational purposes only and it is not intended to provide legal services or legal assistance for individual cases. You should consult a lawyer to discuss your individual situation.
