- Using mediation services. Mediation is a process which helps people in conflict work out a mutually acceptable agreement to disputed issues, with the aid of a trained professional mediator. Find them through the Yellow Pages or ask a lawyer for a referral.
- Arbitration services. In arbitration, the parties agree to let an impartial arbitrator or panel of arbitrators hear the evidence and decide the outcome of these disputes. Look in the phone book or ask an attorney for names.
- Neighborhood Justice Center . This is a program available in Denver and Colorado Springs for resolving disputes among neighbors outside the court system.
How do lawyers set their fees?f
Legal fees depend on several factors which include the amount of time spent on your problem; the lawyer's ability, experience and reputation; novelty and difficulty of the case; the results obtained; and costs involved. Other factors involved in legal fees include what the lawyer pays in rent, utilities, for secretarial and paralegal help, office equipment, computers, etc. The primary types of fee arrangements are:
- Hourly Rates - The fee is based on the amount of time the lawyer spends.
- Fixed Fee - This is a flat fee charged for a routine service such as an uncontested divorce, a simple bankruptcy or a will.
- Contingent Fee - The lawyer receives a percentage of any amount recovered on behalf of the client, plus expenses.
- Retainer - A client makes a "down payment" and future costs are billed against that amount.
Costs in addition to the lawyer's time can include:
- Filing Fees
- Photocopying
- Phone Calls
- Paralegal's Time
- Messengers
- Serving Papers
- Witness Fees
- Computer-Related Costs
What should I expect when I hire a lawyer?
- Vigorous and competent representation of your case.
- Copies of all important documents.
- A written fee agreement and detailed billing statements.
- The whole truth, even it if hurts.
- To be kept fully informed.
- To be treated with respect.
- A negotiated settlement if both sides can reach a fair agreement.
- Agreement with your goals and an understanding of your objective.
- No conflict of interest with the opposing side.
- Timely return of phone calls.
What should my lawyer expect from me?
- To be completely honest about all facts in your case, whether or not they are favorable to you.
- To follow agreed-upon advice.
- To ask questions when you don't understand; to speak up when you disagree.
- That you be on time for appointments.
- That you accept some responsibility, such as informing your attorney about new developments, etc.
- To be paid a reasonable fee promptly for the work performed.
Can I change attorneys?
Yes--you can do this simply by telling the attorney of your wishes. Giving notice is a matter of courtesy and may be necessary so that if a lawsuit has been filed, the attorney may ask the Court for permission to withdraw. You may still be obligated to pay for any services which have been already performed on your behalf, and costs which have been incurred. You are entitled to the return of your files, provided your attorney does not have a valid attorney's lien.
What if I have a complaint against my lawyer?
Maybe your lawyer isn't returning your calls. Or perhaps you feel there are problems with your case that your attorney isn't addressing. Sometimes a disagreement stems from a simple misunderstanding--and the best way to handle this is to talk directly with your attorney. If this approach fails, and you believe your attorney as acted improperly or unethically, you do have recourse.
In Colorado, discipline of lawyers is handled by the Supreme Court Grievance Committee. You can call them at (303) 893-8121 or write them at 600-17th Street, Suite 510S, Denver, Colorado 80202-5435 and complete a form that they will send you, asking that your complaint be investigated. This can lead to admonishment, private or public censure, suspension, or even disbarment from the practice of law. If you file a request for investigation, this would put you in an adversary position with your attorney and you would want to hire another attorney.
If you disagree with your attorney about fees, you can write or call the Colorado Bar Association and ask for help from the Legal Fee Arbitration Committee. If you and your attorney both agree to do this, you can go before a committee who will hear your case and make a binding judgment. The committee is composed of lawyers and non-lawyers.