| LOOKING FOR A LAWYER
Q. How do I go about choosing a lawyer?
A. The lawyer will be helping you solve your problems, so you
must feel comfortable
enough to tell him or her, honestly and completely, all the facts necessary
to resolve your
problem. No one you listen to and nothing you read will tell you which
particular lawyer will
be the best for you; you must judge that for yourself. Most lawyers will
meet with you
briefly to "get acquainted," allowing you to talk with your
prospective lawyer before making
a final hiring decision. In many cases, there is no fee charged for an
initial consultation.
However, don't assume that an initial consultation is free. To be on the
safe side, ask about
fees before setting up your consultation appointment.
Q. Are there any practical considerations to keep in mind when
choosing a lawyer?
A. Yes, the lawyer's area of expertise and prior experience are
important. Eighteen states
have specialization programs that certify lawyers as specialists in certain
stated types of law.
These states are: Alabama, Arizona, California, Connecticut, Florida,
Georgia, Idaho,
Indiana, Louisiana, Maine, Minnesota, New Jersey, New Mexico, North Carolina,
Pennsylvania, South Carolina, Tennessee and Texas. To find out which areas
are certified in
which states, access www.abanet.org/specialization/home. In states without
certification
programs, you may want to ask about your lawyer's areas of concentration.
You also may
wish to ask about the type of cases your lawyer generally handles.
Other considerations are the convenience of the lawyer's office location,
the amount
of fees charged, and the length of time a case may take. Although they
are not always wise
guidelines, consider your personal preferences about the lawyer's age,
gender, and
personality. These preferences may guide you in locating someone with
whom you feel most
comfortable.
Q. Where should I start to look for a lawyer?
A. There are many sources for finding a reliable lawyer. Some
of the best are
recommendations from a trusted friend, relatives, or business associates.
Be aware that each
legal case is different and that a lawyer who is right for someone else
may not suit you or
your legal problem.
Q. Are advertisements a good place to look for a lawyer?
A. In some ways, yes, ads are useful. However, always be careful
about believing everything
you read and hear--and nowhere is this more true than with advertisements.
Still, newspaper,
telephone directory, radio, and television ads, along with direct mail,
can make you familiar
with the names of lawyers who may be appropriate for your legal needs.
Some ads also will
help you determine a lawyer's area of expertise. Other ads will quote
a fee or price range for
handling a specific type of "simple" case. Keep in mind that
the lawyer may not be a
"specialist" in the advertised field, and that your case may
not have a simple solution. If a
lawyer quotes a fee, be certain you know exactly what services the charge
does and does not
include.
Q. What about a local referral service?
A. Most communities have referral services to help the public
find lawyers. These
services usually recommend a lawyer in the area to evaluate a situation--sometimes
at a
reduced cost. Several services offer help to groups with unique characteristics,
such as the
elderly, immigrants, victims of domestic violence, or persons with a disability.
Bar
associations in most communities make referrals according to specific
areas of law, helping
you find a lawyer with the right concentration. Many referral services
also have competency
requirements for lawyers who wish to have referrals in a particular area
of law.
Still, these services are not always a surefire way to find the "right"
or even a "good"
lawyer for you, since some services make referrals without concern for
the lawyer's type or
level of experience. In the end, you must make your own decision in order
to feel confident
about your selection. To contact a referral service, look in the telephone
book's yellow pages
under "Lawyer Referral Service," or look under any local or
state bar association listing. or
access www.abanet.org/referral for a list of 300 lawyer referral services
across the country,
Q. My new job offers a pre-paid legal services plan. What can
I expect?
A. Legal services, like many other things, are often less expensive
when bought in bulk.
Employers, labor and credit unions, and other groups have formed "legal
insurance" plans.
Many plans cover most, if not all, the costs of legal consultation, document
preparation, and
court representation in routine legal matters. Other programs cover only
advice and
consultation with a lawyer. Before joining a legal plan, make sure you
are familiar with its
coverage and know whether you will be required to make out-of-pocket contributions.
These
group plans follow the same pattern as group or cooperative medical insurance
plans.
Employers or unions set up a fund to pay the employees' legal fees, just
as they contribute to
group insurance plans to cover medical costs. Legal group plans have become
much more
widespread in recent years. Some retail department stores and credit card
companies even
offer such plans to their customers.
Q. I have heard about legal clinics, but I am not sure if I can
use their services. What
kind of help do they offer?
A. Legal clinics primarily process routine, uncomplicated legal
business. They generally use
standard forms and paralegal assistants. Paralegals are those who have
received special basic
legal training and have learned skills through their jobs.
These clinics often charge less than traditional law firms for their services.
They
mainly work on wills, personal bankruptcy, divorces, and traffic offenses.
Q. I may want to hire a lawyer, but I do not have much money.
Where can I find lowcost
legal help?
A. People do not have a right to a free lawyer in civil legal
matters (they do in most criminal
cases). However, several legal assistance programs offer inexpensive or
free legal services to
those in need. Most legal aid programs have special guidelines for eligibility,
often based on
where you live, the size of your family, and your income. Some legal aid
offices have their
own staff lawyers, and others operate with volunteer lawyers. To find
free or reduced-cost
legal services in your area, call your bar association or county courthouse.
You also may
look in the telephone book's yellow pages under "Legal Aid,"
"Legal Assistance," or "Legal
Services." Sometimes the telephone book will list a legal aid office
under "Lawyers" or
"Attorneys."
Q. I have been accused of a crime, and I cannot afford a lawyer.
What can I do?
A. If the government accuses you of committing a crime, the United
States Constitution
guarantees you the right to be represented by a lawyer in any case in
which you could be
incarcerated for six months or more. If you cannot afford a lawyer, the
judge handling the
case will either appoint a private lawyer to represent you free of charge
or the government's
public defender will handle your case, also at no charge.
Q. Besides court-appointed defenders, is there any other form
of government
assistance available?
A. Departments and agencies of both the state and federal governments
often have staff
lawyers who can help the general public in limited situations, without
charge. The United
States Attorney's Office might be able to provide guidance about federal
laws. It also might
guide you to federal agencies that deal with specific concerns, such as
environmental
protection problems and discrimination in employment or housing.
The state attorney general also may provide guidance to the public on
state laws,
without charge. Some states, for example, maintain consumer protection
departments as a
function of the attorney general's office.
Similarly, counties, cities, and townships often have staff lawyers who
may provide
the public with guidance about local laws. Some of these local offices
also offer consumer
protection assistance through their law departments. However, government
lawyers may not,
at the government's expense, advise or represent anyone in private legal
matters.
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