Are there special types of lawyers for different types of cases?

Yes. There are many specialties within the law, just as there are in medicine. There are general practitioners, who handle a wide variety of cases. There are specialists, who have developed particular skills in handing a narrow category of cases. There are also a number of attorneys who specialize in several areas. Specialties include bankruptcy, real estate, business and contracts, criminal defense, personal injury, appeals, workers' compensation, wills and estates, and family law.

If I meet with an attorney, do I have to hire him?

No. Before your meeting, you should ask if there is a fee for an initial consultation. You will be obligated to pay that fee even if you do not hire the attorney. However, even if the consultation is free, you have every right to take some time to think before you hire the attorney, and you have every right to decide not to hire the attorney. Hiring an attorney is a big step, and there is nothing wrong with shopping around.

What should I ask the attorney before I hire him?

The questions you should ask will vary with your case. Consider the following list to be a starting point:

• What are your areas of specialization?
• What is the cost of the initial consultation?
• Have you handled cases like mine before? How many? What was the outcome?
• Will you be the only attorney who works on the case? If not, who else will work on it?
• How long will it take for this case to be resolved?
• How much will my case cost? Can you take my case on a contingent fee basis?
• Can I do some of the work on the case to keep the cost down?
• Are there things I should do to improve my case, or to help you?
• How will you keep me informed about the progress of my case?
• If I contact your office with questions, how long will you take to return my call?
• If you are unavailable or on vacation, who can I speak to about my case?
• Can I reach you after hours, if I have an emergency?
• How often do you go to trial?
• If I am not happy with a settlement offer, and you want to settle, will you go to court anyway?
• If I am happy with the offer, but you think we can win more at trial, will you follow my wishes?
• Have you ever been disciplined by an ethics committee, or been suspended from the practice of law? If so, why?
• What "continuing legal education" courses have you attended during the past few years?

Please note that, as desirable as references may be, it is not always possible for attorneys to give references from past clients due to attorney-client confidentiality. However, you may wish to ask for references from other attorneys.

Should I ask for a written retainer agreement?

Yes. A written retainer agreement is the best way to ensure that your rights are protected. Don't feel that you have to sign the agreement on the spot -- take the time to read it first, and ask questions about it. If you are looking at paying thousands of dollars in fees, you may even wish to have the agreement reviewed by another attorney before signing it. The retainer agreement should accurately describe the legal issues for which the attorney will represent you, the amount that you will pay the attorney, and any other terms you discuss.

What if I hire an attorney, and I don't like the work he does?

The attorney works for you. You have the right to terminate your relationship with an attorney. Please note, however, that you must still pay the attorney for the services he has performed for you. If the attorney was representing you on a "contingent fee" basis, the attorney may be entitled to a portion of the proceeds of your case once it has been resolved.

Usually, before you fire your attorney, you will want to first talk to a different attorney. Sometimes the new attorney will tell you to try to work out your problems with your attorney. If you choose to hire the new attorney, the new attorney should be willing to work out the details relating to any fees you may owe to your prior attorney.

If I get involved in another legal case, or if I want to appeal my case, does my attorney have to represent me?

Generally not, unless your retainer agreement requires your attorney to take on the additional matter. Your attorney will ordinarily only have to represent you on the matters specified in your retainer agreement, and has every right to charge an additional fee if new cases arise. Once a final judgment has been entered, your attorney ordinarily has no further responsibility to represent you or to appeal your case.

What if a dispute arises?

In the event that a dispute arises between you and your attorney, most state bars offer dispute resolution services. These services can be of particular benefit in the event of fee disputes. If you feel that your attorney has acted in an unethical manner, each state has a "grievance" procedure where you can file a complaint against your attorney and have your complaint investigated.

Looking to hire an attorney? Before you do, Contact us today for a complimentary consultation to see how this decision affects your financial plan and to receive, if appropriate, a referral to one of our trusted partners.

Other financial professionals: Hiring a Financial Planner, What is the CFP^® Mark, Hiring an Insurance Agent, Hiring an Accountant,  Hiring a Mortgage Broker, Hiring a Real Estate Agent