When an attorney gives you “advice” it is a conclusion drawn from many years of training and study and perhaps many hours of searching through volumes of written material to be certain that it includes all the laws affecting your problem. In preparing a contract, pleading, or other document for you, your attorney brings the skill and knowledge of the legal profession to that work.

Not necessarily. There are many resources available to individuals. It’s possible that your situation may be resolved through mediation or possibly in small claims court. Contacting the lawyer referral program can help you to determine the best course of action for your specific need.

The old saying “an ounce of prevention is worth a pound of cure” is just as applicable in law as it is in medicine. The best time to go to an attorney is before you are in legal difficulty. It is best to consult your attorney before you sign papers or take other action that might seriously alter your legal position.

You should consider consulting an attorney when:
You are planning to enter into a verbal or written contract which has major financial consequences. You are involved in an accident involving injury to persons or damage to property. You are seeking to collect an account from another person, or someone is seeking to collect an account from you which you do not believe you owe or which you question. You need an opinion about the title to real estate. You want to plan your estate and make a will. You are organizing or dissolving a business. You are settling an estate. You are involved in a family situation such as adoption, divorce, child support or modification. Your rights as a consumer or employee are abused. You have been arrested for a crime You have been served with legal papers in a civil lawsuit. You have been involved in a serious accident causing personal injury or property damages. You have a change in financial status or when filing for bankruptcy. There are numerous other reasons why you should consider consulting with an attorney. The lawyer referral service can help you decide what options are available.

Your attorney’s principal duty is to see that you are given the benefit of all your legal rights. An attorney is sworn to conduct cases in an orderly way that will assure that they may be decided upon their merits. Your attorney may not make any agreement or incur any obligations that might substantially prejudice your interests, without your prior approval.

Yes. Ask for the attorney’s opinion about strengths and weaknesses of your case. Ask if the attorney will most likely settle your case out of court or go to trial. What type of experience does your attorney have with trial work? Take caution if an attorney guarantees a big settlement or assures victory in court.

In determining the fee, an attorney must take into account the difficulties involved with your problem, the amount of time it may take to resolve your problem, and the value of the results obtained for you. You should keep in mind that an attorney has certain necessary expenses in order to serve clients efficiently. From the fees, the attorney must pay for office help in addition to office rent and furnishings. It is also necessary to equip the office library and add to it continually to keep up to date with changes in the law. In the interests of a sound relationship with your attorney, you should discuss the fee at your first consultation. Your attorney may not be able to tell you in advance the exact fee, but in most situations, there can at least be an estimate of the charge or an explanation about how the fee will be calculated. Sometimes a lawyer’s fee is controlled by a statute or fixed by court rules. In some cases that involve the recovery of money, the charge may be based on a contingency fee or percentage of the amount recovered. It may be helpful to have the attorney put the fee agreement or billing arrangements in writing. A written agreement can help you avoid any misunderstanding.

There are different ways that attorneys may charge for legal services. It is recommended that you sign a written fee agreement with any attorney you hire. This agreement will outline what services the attorney will provide and how he/she will be paid for those services.

• Hourly Basis: An attorney may charge for his or her time on an hourly basis. A deposit, known as a retainer fee, is usually paid to the attorney when he/she is hired. The retainer fee does not represent the total fee, additional hourly fees and expenses, such as costs for filing fees, court reporters, photocopying or travel may be additional. In certain matters, the attorney may be unable to predict how many hours of work or how expensive the entire case will be, but he or she should be able to give you an understanding of the process ahead and an estimate of total costs.
• Contingency Fee Basis: An attorney may handle a matter on a contingency fee basis. This means a client does not pay any fees unless the lawyer wins or settles the case. Matters such as personal injury, collection matters, products liability, malpractice and some employment law cases may be handled on a contingency fee basis. In some contingency fee arrangements, the attorney may require the client to pay for certain expenses, such as fees for expert witnesses [An “expert” is a person who, because of his education or specialized experience, possesses superior knowledge about a subject. A person who is qualified as an “expert witness” will be allowed to testify in court to assist the judge or jury in understanding complicated or technical subjects not within the knowledge or understanding of the average person and other expenses as outlined above.
• Flat Fee Basis: An attorney may handle a matter on a flat fee basis. This means that there is a specific dollar amount for which the lawyer will handle the matter regardless of the hours spent. Bankruptcy, real estate purchases and uncontested divorces are often handled on a flat fee basis. Combined Approach: An attorney may combine several of the above options for a particular case.
• Limited Scope Service: In some cases, you may feel that you want to manage the legal process yourself but know that an attorney will be invaluable in helping you accomplish specific tasks. Limited Scope Representation allows you to hire an attorney to meet those exact needs but isolates them from the work you wish to perform on your own. Fees for this type of representation can be a mixture of any of the above options. It is important to understand clearly what fee arrangement you agree to. Ask plenty of questions.