Choosing a Lawyer
THIS IS A SUMMARY OF LAW AND IS PROVIDED TO YOU AS GENERALLY GOOD ADVICE. IF YOU HAVE MATTERS RELATING TO THIS OR OTHER LEGAL SUBJECTS, BUT ARE NOT AN ATTORNEY, WE ADVISE YOU TO CONSULT WITH ONE.
The legal system can be intimidating--but it doesn't have to be. For all its formalities and intricacies, our system of laws is there to protect every American citizen. Our system was revolutionary when it began--now we take it for granted. But it's still about freedom, protecting the individual, turning to a better way of settling disputes. We'd like to help you better use the system. This article, produced by the Colorado Bar Association, will tell you: When you need a lawyer, how to choose a lawyer, and details about fee arrangements, alternatives to court and how to complain.
When do I need a lawyer?
If you answer "yes" to any of the following questions, you should consult a lawyer.
- Have I tried to resolve this matter by speaking directly with "the other side" and failed?
- Am I being threatened with legal action by some individual or situation?
- Do I need someone to champion my cause or speak for me?
- Have I been served with papers (summons, warrant, subpoena)?
- Does my opponent have a lawyer?
- Is the outcome worth the cost of hiring a lawyer?
- Am I involved in a transaction of importance to me (buying or selling a home, signing a contract, starting a business, writing a will, etc.)?
How can I find a lawyer?
Keep in mind that it is important to find the right lawyer and it is in your best interest to shop around.
- Ask friends or relatives who have used a lawyer, someone in a field connected with your case or co-workers for their recommendations.
- Use a Lawyer Referral Service listed in the telephone book--they will try to give you a referral to a lawyer in your community who does the kind of work you need.
- Consult the Yellow Pages or go to the local library and consult a legal directory.
- If you cannot afford a lawyer, call the Legal Services Office nearest you (listed in the phone book). If you can't find the number, call the Colorado Bar Association at (303) 860-1115 or (800) 332-6736.
Here is a list of things you should consider or ask in your first call or meeting with the attorney.
Experience
- How long have you been in practice?
Specialization
- How many cases like this have you handled?
- Have you been successful in them?
Fees
- Do you charge for the initial consultation?
- How much is your hourly rate?
- What is this likely to cost me?
- How do you charge?
Community Activities
- How are you involved in the community?
Reputation
- Have you had complaints about your past performance?
Communication Skills
- Will you respond to my questions promptly and clearly?
- Will you keep me informed about the progress in my case?
- Will you consult with me about what I want done?
- How long do you expect this to take?
- What's your policy on returning phone calls? How soon?
What are my alternatives?
Prevention of legal problems is the best alternative and can save you time, money and needless worry--and often, a lawyer can help you with this. If you do have problems that appear to need legal solutions, there are alternatives to hiring an attorney and going to court--you probably should examine these carefully.
- Representing yourself and using self-help materials. It's legal for you to represent yourself in court and handle your own legal matters, but judges and court personnel aren't allowed to give you any legal advice as your case proceeds. It is important to be aware of all court procedures, filing requirements and deadlines--you will be held to the same standards as an attorney. You can ask procedural questions of the court clerk. Libraries have copies of state and local laws. You can buy self-help packets (for instance, on divorce) at many bookstores. Also: You can go to small claims court for a civil matter that's under $5,000; your library may have a video on using small claims court and getting your own divorce (these are available in Denver ).
- 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.