by Beernpotatoes » Thu Jul 09, 2015 1:12 pm
Jamish - There's no real reason to have a lawyer on retainer. Many of my business clients have me on retainer, but that's only after several months where we can look at their billing records and see about how much they're spending on our services. Then we figure an average amount and they just pay that every month. Some months they barely ever call, and other months, we're elbows deep in legal matters for them. But the average person who may only ever need a lawyer to close on a home, draft a will or get them out of a speeding ticket shouldn't be paying monthly. That said, if you're overly cautious, you can get prepaid legal services, but check your homeowners' policy first to see if they'll cover basic legal costs.
Choosing a lawyer is difficult, but most state bar associations keep a list of lawyers who specialize in certain types of cases. If you call the state bar, they'll probably have a referral service that will point you to a lawyer with the right skill set. However, you should ALWAYS wait to make a hiring decision until after you've consulted with the attorney to make sure that you are a compatable fit. Some things to watch out for and avoid:
1. Attorneys who won't do a free consultation. No lawyer is going to give you free advice over the phone, but you shouldn't have to pay a fee up front just to find out if your case is one that he/she will handle.
2. Law offices that look disorganized... with stacks of loose papers, unlabeled cardboard boxes, etc.; or law offices that screw up your appointment time or that make you wait half an hour before the lawyer is ready to talk to you. A disorganized lawyer is going to screw up your case.
3. Lawyers who over-promise. If you have a case that will go to court, and the lawyers says that you are guaranteed to win, RUN. NO ONE is guaranteed to win. The lawyer should be up front about his fees, your chances of success and the time it's going to take to do your case.
AVIEL:
The attorney-client privilege is a two way street, but each way has different rules. Basically, everything that you tell a lawyer is privileged, meaning that the lawyer can prevent it from ever being disclosed to anyone. UNLESS... the cat is already out of the bag. If a lawyers is talking to his client and someone else is present or overhears the conversation, the privilege no longer holds. For that reason, the lawyer must (MUST) take steps to ensure that conversations with his/her clients are strictly confidential. The lawyer can be sued or even have their license jeopardized for violating that rule.
The client, on the other hand, is free to tell everyone he/she wants about everything they talked about with their lawyer. It destroys the attorney-client privilege and the information is no longer protected, but at least it's not the lawyer's fault.
Can't a guy screw someone out of an honest buck without getting a big hassle?