1 Why might I need a lawyer?
2 How do I find a lawyer?
3 Do lawyers specialize?
4 What should I do if a lawyer asks for my business?
5 How will I know which lawyer is best for me?
6 Should I hire the lawyer?
7 How closely will I be involved in my lawyer’s work?
8 Can I hire a lawyer to just handle certain
parts of my legal matter?
9 Is it important to have a fee agreement?
10 What should be in the fee agreement?
11 How does a lawyer decide what to charge?
12 Do all lawyers charge the same kind of fee?
13 What additional out-of-pocket costs will I have
to pay?
14 When is my lawyer’s bill due?
15 What if I can’t pay?
16 How can I help build a successful
lawyer-client team?
Wednesday, July 15, 2009
1 Why might I need a lawyer?
You may have a legal problem and not know
how to resolve it. Lawyers have been specially
trained in the law and our legal system. And the
right lawyer can advise and assist you with your
particular problem.
If you are facing criminal charges or a lawsuit,
for example, a lawyer can help you understand your
rights, and the strengths and weaknesses of your
case. Alawyer knows the rules and procedures for
arguing the case in court. And a lawyer can make a
big difference in whether or not your side of the
story is successfully presented to a judge or jury.
A lawyer can help you get a divorce, file for
bankruptcy or draw up a will. Or, if you have been
seriously injured or mistreated, a lawyer can help
you file a lawsuit. Some lawyers handle a variety
of legal problems; others specialize in certain areas
of the law.
In some instances, failing to call a lawyer
immediately can make the situation worse. If you
are arrested or involved in a serious auto accident,
for example, someone should interview the wit-
nesses and gather evidence as soon as possible.
In other situations, preventive legal advice
could save you time, trouble and money by pre-
venting legal problems before they arise. Take,
for example, the purchase of your family home.
You might have a problem in the future if you
sign the purchase agreement without completely
understanding it. Or maybe you are launching a
business with a partner. A lawyer could point out
the advantages and drawbacks of various part-
nership arrangements.
These are just a few of the many situations in
which lawyers can provide advice and assistance.
how to resolve it. Lawyers have been specially
trained in the law and our legal system. And the
right lawyer can advise and assist you with your
particular problem.
If you are facing criminal charges or a lawsuit,
for example, a lawyer can help you understand your
rights, and the strengths and weaknesses of your
case. Alawyer knows the rules and procedures for
arguing the case in court. And a lawyer can make a
big difference in whether or not your side of the
story is successfully presented to a judge or jury.
A lawyer can help you get a divorce, file for
bankruptcy or draw up a will. Or, if you have been
seriously injured or mistreated, a lawyer can help
you file a lawsuit. Some lawyers handle a variety
of legal problems; others specialize in certain areas
of the law.
In some instances, failing to call a lawyer
immediately can make the situation worse. If you
are arrested or involved in a serious auto accident,
for example, someone should interview the wit-
nesses and gather evidence as soon as possible.
In other situations, preventive legal advice
could save you time, trouble and money by pre-
venting legal problems before they arise. Take,
for example, the purchase of your family home.
You might have a problem in the future if you
sign the purchase agreement without completely
understanding it. Or maybe you are launching a
business with a partner. A lawyer could point out
the advantages and drawbacks of various part-
nership arrangements.
These are just a few of the many situations in
which lawyers can provide advice and assistance.
2 How do I find a lawyer?
California has more than 160,000 practicing
lawyers. You should be able to find the right one—
if you know where to look.
Recommendations. Maybe you know a lawyer
in a town where you used to live. Perhaps a
lawyer who works for a corporation lives across
the street. These lawyers may be able to refer youto other lawyers who have experience with your
type of problem.
You could also ask your friends, co-workers
and employers if they know any lawyers. Business
owners and professionals such as bankers, minis-
ters, doctors, social workers and teachers might be
able to give you the name of a lawyer.
Certified lawyer referral services. You could
call a local State Bar-certified lawyer referral serv-
ice. This type of service refers potential clients to
attorneys. After interviewing you, the referral serv-
ice staff will match you with a lawyer who is expe-
rienced in the appropriate area of the law. (There is
usually a small charge for the initial consultation
with a lawyer.)
For an online list of certified lawyer referral
services, visit the State Bar’s Web site at
www.calbar.ca.gov/lrs. For a recorded message that
can provide you with the phone numbers of certi-
fied services in your county, call 1-866-44-CA-LAW
(1-866-442-2529). If you are out of state, you can
call 415-538-2250 to hear the same recorded mes-
sage. Or check the Yellow Pages of your telephone
directory for a listing. (Keep in mind that the ser-
vice’s State Bar certification number must appear
in all advertising.)
State Bar-certified lawyer referral services
must meet minimum standards established by the
California Supreme Court. And because the State
Bar enforces those standards, you could turn to the
State Bar if you have a problem with the service.
And if you were to file a complaint, the State Bar
would look into it. There are other advantages as
well. For example, a certified referral service:
• Can refer you to a lawyer who has experi-
ence in the field of law that relates to your case.
•Will refer you to attorneys who are insured.
All lawyers who participate in certified lawyer
referral services must carry malpractice insurance
to protect their clients. This means that if your
lawyer does something wrong, and you successful-
ly sue for malpractice, the lawyer will have the
ability to pay.
•Will screen your call to determine whether
you have a legal problem — or need some other
type of assistance. And if you do need anothertype of assistance, the referral service can refer you
to government agencies or other organizations
that may be better suited to assist you. For exam-
ple, you might have a problem that could be han-
dled, without charge, by a rent control board or
community mediation program.
•Will only refer you to an attorney who has
met certain standards of experience and is a State
Bar member in good standing.
• Will only refer you to an attorney who has
agreed to do fee arbitration in the event of a fee
dispute.
• May be able to provide an attorney at a
reduced rate. Lawyer referral services are
required to make arrangements to serve people
with limited means.
•May be able to provide you with a bilingual
attorney.
For more information on State Bar-certified
lawyer referral services, see the State Bar’s con-
sumer education pamphlet What Can a Lawyer
Referral Service Do for Me? To find out how to
order a free copy of this or any other State Bar con-
sumer pamphlet, see #16 (page 17).
Advertisements. You also could check the
Yellow Pages, newspaper advertisements or the
Internet in your search for an attorney.
Most lawyers choose not to advertise, other
than to list their names, addresses and telephone
numbers in the Yellow Pages. But lawyers are
allowed to advertise in the Yellow Pages, in news-
papers and magazines, on the radio and television,
on billboards, on the Internet or any place else—as
long as the ad does not contain false or misleading
information. Lawyers may use ads to list their
fields of law. They also may post their fees.
If you decide to call a lawyer featured in an
advertisement, keep the ad for reference. If the ad
was aired on the radio or television, make notes
for your records.
Joint advertising groups. Sometimes lawyers
join together and advertise their services as a
group. Often a group of lawyers will share an 800
telephone number and/or a Web site. State lawrequires that joint advertising groups identify by
name the participating lawyers.
Public interest groups. Non-profit public inter-
est organizations, such as groups concerned with
civil liberties and housing discrimination, may be
able to help you. Such groups sometimes have
staff lawyers who handle such cases. Others pro-
vide legal help solely to groups of people rather
than to individuals. For example, they might help
you and your neighbors convince your city council
to install a traffic light at a busy intersection.
To find such an organization, you could try
contacting a local bar association, State Bar-certi-
fied lawyer referral service or government agency.
For example, suppose you believe a landlord is
discriminating against you. You might call your
city or county housing office for the names of
groups that are concerned with your problem.
Client-attorney matching services. To find an
attorney through such a service, you would typical-
ly post a brief description of your case on the ser-
vice’s Web site. Attorney members of the service
could then bid on the case by offering you a con-
sultation. The selection of an attorney would be up
to you. Such services (also called bulletin boards)
are not State Bar-certified lawyer referral services.
Free legal aid agencies. What if you can’t
afford a lawyer? Depending on your income and
the nature of your legal problem, you may be able
to get free or low-cost legal help in non-criminal
cases from a legal services program. Check the
white pages of your telephone book to see if such
an organization is located in your area.
A State Bar-certified lawyer referral service or
local bar association may be able to refer you to a
legal services program. California’s statewide legal
services Web site —www.LawHelpCalifornia.org
— also could help you locate a local program and
provide you with other resources as well. Or,
maybe a law school clinic could assist you.
Suppose you are accused of committing a
crime. If you cannot afford a lawyer, you might
qualify for free help from the public defender’s
office. Look in the white pages of the telephone
book under your county’s listings. What if there
isn’t a public defender in your area? In such aninstance, a judge would typically appoint a privat
attorney to represent you free of charge.
Dispute resolution programs. In addition, man
communities have “dispute resolution” programs.
These programs can help you and another person
“mediate” or work out problems instead of going
to trial. For more information, see the State Bar
pamphlet How Can I Resolve My Dispute
Without a Trial? For instructions on ordering, see
the contact information at the end of #16 (page 17
Prepaid legal services plans. Perhaps you
belong to a “legal insurance” plan through your
employer, labor union, credit union, credit card
company — or as an individual. Your plan may
cover the kind of legal work you need — just as
medical insurance plans pay certain medical costs
Generally, the premiums you pay entitle you to a
certain amount of a lawyer’s time or to a lawyer’s
services at a reduced rate.
lawyers. You should be able to find the right one—
if you know where to look.
Recommendations. Maybe you know a lawyer
in a town where you used to live. Perhaps a
lawyer who works for a corporation lives across
the street. These lawyers may be able to refer youto other lawyers who have experience with your
type of problem.
You could also ask your friends, co-workers
and employers if they know any lawyers. Business
owners and professionals such as bankers, minis-
ters, doctors, social workers and teachers might be
able to give you the name of a lawyer.
Certified lawyer referral services. You could
call a local State Bar-certified lawyer referral serv-
ice. This type of service refers potential clients to
attorneys. After interviewing you, the referral serv-
ice staff will match you with a lawyer who is expe-
rienced in the appropriate area of the law. (There is
usually a small charge for the initial consultation
with a lawyer.)
For an online list of certified lawyer referral
services, visit the State Bar’s Web site at
www.calbar.ca.gov/lrs. For a recorded message that
can provide you with the phone numbers of certi-
fied services in your county, call 1-866-44-CA-LAW
(1-866-442-2529). If you are out of state, you can
call 415-538-2250 to hear the same recorded mes-
sage. Or check the Yellow Pages of your telephone
directory for a listing. (Keep in mind that the ser-
vice’s State Bar certification number must appear
in all advertising.)
State Bar-certified lawyer referral services
must meet minimum standards established by the
California Supreme Court. And because the State
Bar enforces those standards, you could turn to the
State Bar if you have a problem with the service.
And if you were to file a complaint, the State Bar
would look into it. There are other advantages as
well. For example, a certified referral service:
• Can refer you to a lawyer who has experi-
ence in the field of law that relates to your case.
•Will refer you to attorneys who are insured.
All lawyers who participate in certified lawyer
referral services must carry malpractice insurance
to protect their clients. This means that if your
lawyer does something wrong, and you successful-
ly sue for malpractice, the lawyer will have the
ability to pay.
•Will screen your call to determine whether
you have a legal problem — or need some other
type of assistance. And if you do need anothertype of assistance, the referral service can refer you
to government agencies or other organizations
that may be better suited to assist you. For exam-
ple, you might have a problem that could be han-
dled, without charge, by a rent control board or
community mediation program.
•Will only refer you to an attorney who has
met certain standards of experience and is a State
Bar member in good standing.
• Will only refer you to an attorney who has
agreed to do fee arbitration in the event of a fee
dispute.
• May be able to provide an attorney at a
reduced rate. Lawyer referral services are
required to make arrangements to serve people
with limited means.
•May be able to provide you with a bilingual
attorney.
For more information on State Bar-certified
lawyer referral services, see the State Bar’s con-
sumer education pamphlet What Can a Lawyer
Referral Service Do for Me? To find out how to
order a free copy of this or any other State Bar con-
sumer pamphlet, see #16 (page 17).
Advertisements. You also could check the
Yellow Pages, newspaper advertisements or the
Internet in your search for an attorney.
Most lawyers choose not to advertise, other
than to list their names, addresses and telephone
numbers in the Yellow Pages. But lawyers are
allowed to advertise in the Yellow Pages, in news-
papers and magazines, on the radio and television,
on billboards, on the Internet or any place else—as
long as the ad does not contain false or misleading
information. Lawyers may use ads to list their
fields of law. They also may post their fees.
If you decide to call a lawyer featured in an
advertisement, keep the ad for reference. If the ad
was aired on the radio or television, make notes
for your records.
Joint advertising groups. Sometimes lawyers
join together and advertise their services as a
group. Often a group of lawyers will share an 800
telephone number and/or a Web site. State lawrequires that joint advertising groups identify by
name the participating lawyers.
Public interest groups. Non-profit public inter-
est organizations, such as groups concerned with
civil liberties and housing discrimination, may be
able to help you. Such groups sometimes have
staff lawyers who handle such cases. Others pro-
vide legal help solely to groups of people rather
than to individuals. For example, they might help
you and your neighbors convince your city council
to install a traffic light at a busy intersection.
To find such an organization, you could try
contacting a local bar association, State Bar-certi-
fied lawyer referral service or government agency.
For example, suppose you believe a landlord is
discriminating against you. You might call your
city or county housing office for the names of
groups that are concerned with your problem.
Client-attorney matching services. To find an
attorney through such a service, you would typical-
ly post a brief description of your case on the ser-
vice’s Web site. Attorney members of the service
could then bid on the case by offering you a con-
sultation. The selection of an attorney would be up
to you. Such services (also called bulletin boards)
are not State Bar-certified lawyer referral services.
Free legal aid agencies. What if you can’t
afford a lawyer? Depending on your income and
the nature of your legal problem, you may be able
to get free or low-cost legal help in non-criminal
cases from a legal services program. Check the
white pages of your telephone book to see if such
an organization is located in your area.
A State Bar-certified lawyer referral service or
local bar association may be able to refer you to a
legal services program. California’s statewide legal
services Web site —www.LawHelpCalifornia.org
— also could help you locate a local program and
provide you with other resources as well. Or,
maybe a law school clinic could assist you.
Suppose you are accused of committing a
crime. If you cannot afford a lawyer, you might
qualify for free help from the public defender’s
office. Look in the white pages of the telephone
book under your county’s listings. What if there
isn’t a public defender in your area? In such aninstance, a judge would typically appoint a privat
attorney to represent you free of charge.
Dispute resolution programs. In addition, man
communities have “dispute resolution” programs.
These programs can help you and another person
“mediate” or work out problems instead of going
to trial. For more information, see the State Bar
pamphlet How Can I Resolve My Dispute
Without a Trial? For instructions on ordering, see
the contact information at the end of #16 (page 17
Prepaid legal services plans. Perhaps you
belong to a “legal insurance” plan through your
employer, labor union, credit union, credit card
company — or as an individual. Your plan may
cover the kind of legal work you need — just as
medical insurance plans pay certain medical costs
Generally, the premiums you pay entitle you to a
certain amount of a lawyer’s time or to a lawyer’s
services at a reduced rate.
3 Do lawyers specialize?
Some do. And the State Bar has a program
designed to help you find skilled specialists.
Lawyers can become State Bar-certified specialists
(and advertise themselves as such) by passing a
written examination, demonstrating a high level of
experience in the specialty, fulfilling ongoing educa-
tion requirements and being favorably evaluated.
Currently, the State Bar certifies lawyers in 11 spe-
cialties: admiralty and maritime law; appellate law;
bankruptcy law; criminal law; estate planning, trust
and probate law; family law (divorce, custody, and
related issues); franchise and distribution law; immi-
gration and nationality law; legal malpractice law;
taxation law; and workers’ compensation law.
The State Bar also accredits the certification
programs of private certifying organizations in:
civil trial advocacy, criminal trial advocacy, fami-
ly law trial advocacy, business bankruptcy law,
consumer bankruptcy law, creditors’ rights law,
elder law, Social Security disability law, legal
malpractice, medical malpractice, and juvenile
law (child welfare). Lawyers certified by these
organizations may also advertise as “certified”
specialists. Keep in mind, however, that there are
lawyers with experience in all of these legal areaswho simply do not seek certification.
For an online list of State Bar-certified special-
ists, visit www.californiaspecialist.org and go to
Specialist Search. Or contact the State Bar’s Office of
Certification at 415-538-2120.
designed to help you find skilled specialists.
Lawyers can become State Bar-certified specialists
(and advertise themselves as such) by passing a
written examination, demonstrating a high level of
experience in the specialty, fulfilling ongoing educa-
tion requirements and being favorably evaluated.
Currently, the State Bar certifies lawyers in 11 spe-
cialties: admiralty and maritime law; appellate law;
bankruptcy law; criminal law; estate planning, trust
and probate law; family law (divorce, custody, and
related issues); franchise and distribution law; immi-
gration and nationality law; legal malpractice law;
taxation law; and workers’ compensation law.
The State Bar also accredits the certification
programs of private certifying organizations in:
civil trial advocacy, criminal trial advocacy, fami-
ly law trial advocacy, business bankruptcy law,
consumer bankruptcy law, creditors’ rights law,
elder law, Social Security disability law, legal
malpractice, medical malpractice, and juvenile
law (child welfare). Lawyers certified by these
organizations may also advertise as “certified”
specialists. Keep in mind, however, that there are
lawyers with experience in all of these legal areaswho simply do not seek certification.
For an online list of State Bar-certified special-
ists, visit www.californiaspecialist.org and go to
Specialist Search. Or contact the State Bar’s Office of
Certification at 415-538-2120.
4 What should I do if a lawyer asks for my business?
Be very cautious. Certain unsolicited commu-
nications from an attorney could violate the legal
profession’s code of ethics. Suppose you have
been injured in an automobile accident and a
lawyer or lawyer’s representative visits you in
the hospital and asks to handle your case. This
kind of behavior is called soliciting and is not
permitted under the code of legal ethics. If you
think you’ve been solicited, you can report the
lawyer to the State Bar by calling 1-800-843-9053.
nications from an attorney could violate the legal
profession’s code of ethics. Suppose you have
been injured in an automobile accident and a
lawyer or lawyer’s representative visits you in
the hospital and asks to handle your case. This
kind of behavior is called soliciting and is not
permitted under the code of legal ethics. If you
think you’ve been solicited, you can report the
lawyer to the State Bar by calling 1-800-843-9053.
5 How will I know which lawyer is best for me?
Before you meet with any lawyers, do
some “comparison shopping.” Make a list of
several lawyers. Call each lawyer and ask ques-
tions that might help you make your decision.
(Some lawyers may prefer to meet with you
briefly in person.)
Ask about the lawyer’s experience and when
he or she last handled a similar case. Ask if he or
she will meet with you once free of charge before
you make your hiring decision. If there is a fee for
such a consultation, find out how much it will be.
In any case, do not expect a long first meeting; 15
minutes to a half-hour is average.
Write down everything that the lawyers have
to say. Take time to think it over. Then make
another appointment with the lawyer who seems
right for you.
some “comparison shopping.” Make a list of
several lawyers. Call each lawyer and ask ques-
tions that might help you make your decision.
(Some lawyers may prefer to meet with you
briefly in person.)
Ask about the lawyer’s experience and when
he or she last handled a similar case. Ask if he or
she will meet with you once free of charge before
you make your hiring decision. If there is a fee for
such a consultation, find out how much it will be.
In any case, do not expect a long first meeting; 15
minutes to a half-hour is average.
Write down everything that the lawyers have
to say. Take time to think it over. Then make
another appointment with the lawyer who seems
right for you.
6 Should I hire the lawyer?
It depends on how you feel after your first
meeting with the lawyer. Before the meeting, jot
down key points in your case to share with thelawyer. Bring the names, addresses and telephone
numbers of everyone connected with the case.
In addition, bring all papers related to the case.
Some lawyers may want to review the papers
before your meeting.
Ask about any similar cases that the lawyer
has handled. And keep in mind that age may
have nothing to do with the lawyer’s ability to
help you. A lawyer who has practiced 20 years
may have less experience with your type of
problem than a lawyer who is three years out
of law school.
In addition, find out if the lawyer will handle
your case personally. If the lawyer intends to have
another member of the law firm handle any part o
the case, you might want to talk to the second
lawyer as well.
Be wary of any attorney who guarantees results
Most lawsuits and other legal work are not “sure
things.” However, a lawyer should be able to point
out the strengths and weaknesses of your case.
Find out how long the lawyer expects your
case to take, what steps will be involved, and wha
and how you will be charged. If you don’t under-
stand something, ask for a simpler explanation.
In addition, you can check the State Bar’s
Web site (www.calbar.ca.gov) to find out if
the lawyer has ever been publicly disciplined
by the bar. Simply go to Attorney Search
and Attorney/Member Search, then type in the
attorney’s name or bar number.
You may decide to hire the lawyer after your
first meeting, or you may want some time to think
about it. Ask yourself a few questions:
•Will you be comfortable working closely
with the lawyer?
• Do you think the lawyer has the experience
and skill to handle your case?
• Do you understand the lawyer’s explanation
of what your case involves?
• Does the fee seem reasonable?
If your answer to one or more of these ques-
tions is “no,” you probably should talk to another
lawyer. If all of your answers are “yes,” you may
have found the right lawyer for you.
meeting with the lawyer. Before the meeting, jot
down key points in your case to share with thelawyer. Bring the names, addresses and telephone
numbers of everyone connected with the case.
In addition, bring all papers related to the case.
Some lawyers may want to review the papers
before your meeting.
Ask about any similar cases that the lawyer
has handled. And keep in mind that age may
have nothing to do with the lawyer’s ability to
help you. A lawyer who has practiced 20 years
may have less experience with your type of
problem than a lawyer who is three years out
of law school.
In addition, find out if the lawyer will handle
your case personally. If the lawyer intends to have
another member of the law firm handle any part o
the case, you might want to talk to the second
lawyer as well.
Be wary of any attorney who guarantees results
Most lawsuits and other legal work are not “sure
things.” However, a lawyer should be able to point
out the strengths and weaknesses of your case.
Find out how long the lawyer expects your
case to take, what steps will be involved, and wha
and how you will be charged. If you don’t under-
stand something, ask for a simpler explanation.
In addition, you can check the State Bar’s
Web site (www.calbar.ca.gov) to find out if
the lawyer has ever been publicly disciplined
by the bar. Simply go to Attorney Search
and Attorney/Member Search, then type in the
attorney’s name or bar number.
You may decide to hire the lawyer after your
first meeting, or you may want some time to think
about it. Ask yourself a few questions:
•Will you be comfortable working closely
with the lawyer?
• Do you think the lawyer has the experience
and skill to handle your case?
• Do you understand the lawyer’s explanation
of what your case involves?
• Does the fee seem reasonable?
If your answer to one or more of these ques-
tions is “no,” you probably should talk to another
lawyer. If all of your answers are “yes,” you may
have found the right lawyer for you.
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