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ADVICE AND CONSENT: Hiring an Attorney

A Special Report from
by Andy Baker, Attorney at Law

Don't Call Any Lawyer Until You Have Read This!

Do you know what to do if you're sued? These days, people and companies get sued all the time. Choosing the right lawyer can be crucial to the success of your case. Talking with your lawyer is crucial. Will your attorney share your point of view? Your concerns? Will you understand him? Is he Approachable? Responsive? If you're sued - you're stuck. You MUST file a response or you automatically lose.

The stakes are always high - your time, your money, perhaps your reputation is on the line. One mistake, particularly a major one, can wreck careers and lead to financial ruin. For instance, in a major construction case, losing the case can mean the difference between handsome profit - or bankruptcy. But how do you know how to choose a lawyer? How do you know if it's a legitimate lawsuit?

So here's 6 attorney strategies you need to be aware of before you call an attorney, to make sure he doesn't take advantage of you:

Ask him what his billing policy is; does he require a retainer (amount you pay up front)? How does it work? Some lawyers bill for everything - every phone call (even if he just leaves a message), every fax, every minute he spends on your case. Before you sign up with an attorney YOU need to lay out the ground rules for billing.

Find out your lawyer's policy on communicating with the client. Will your lawyer keep you updated on developments in your case? Will he discuss strategy with you before he makes use of it? You can ask clients from Taft to New York what their biggest beef is with lawyers and 99% of the time the answer is "I never hear from the guy!" (By the way, my motto is patterned after an old hotel advertisement: "The Best Surprise is No Surprise." I tell the client as much as I know, as soon as I know.)

Will he try to bury the fees? How? By allocating time for legal activities where it's hard to tell how his time is actually spent. In every lawsuit, most of the time is taken up by what is known as "discovery" - of your opponent's case (and your defenses). There's a whole slew of written discovery possible: interrogatories, production requests, requests for admissions to name a few. There is also oral discovery - depositions (a deposition is a question and answer session involving the parties and often others as well). There's also legal research. (Contrary to what most clients think, we lawyers do not know everything there is to know about all facets of the law). It's not always a short process - in fact, that's the exception, not the rule. (The client may not want to pay for research, but all clients appreciate a thorough job done right).

How will your attorney feel about motions? When you're in litigation, and you want the judge to order the other side to do (or not do) something, you bring a motion in court. I sometimes think that some law firms employ a creative lawyer to do nothing all day but think up motions. Some motions are warranted - in fact, used correctly, motions can be very valuable tools. Some motions succeed. However, quite often they fail. But they're all billable.

Here's an old favorite: use a below-market billing rate. We're all familiar with the old adage, "you get what you pay for." I believe that's true - within reason. In some sectors, such as insurance defense, in exchange for a steady stream of cases, firms will substantially discount their billing rate. Sometimes it works and sometimes it doesn't. Generally I believe that in specialized areas, for instance cases involving real estate or construction cases, you do indeed "get what you pay for."

Here's a new one: a non-refundable retainer. Typically, the lawyer will request a retainer deposit of $2,500 to $5,000 to take your case. Against that deposit, he'll bill his hourly rates, say $200 an hour. This new scheme makes the client pay money up front that is not refundable. Why? According to one lawyer I talked to, it's to secure the lawyer's services. But isn't that why the lawyer is being hired in the first place?

There's always different techniques and strategies used by lawyers in litigation. Personally, I these are mine: (1) I don't merely look to "stretch the envelope." I look beyond the envelope; (2) I kept the client informed; and (3) not only do I work for the client, I work with the client.

Remember, from your vantage point, "The Best Surprise is NO Surprise."