Questions to ask a lawyer

Before you hire them

For many people, hiring a lawyer for the first time is a significant event spurred by a life change filled with anxiety. Perhaps you’ve been accused of a felony, a drunken driving incident, have been served with divorce papers or your child has been found himself facing juvenile court.

The right attorney can make a considerable difference in the outcome of cases such as these. And for those new to navigating the judicial system, there are some questions to bear in mind when interviewing lawyers to take on your case.

“Aside from the obvious monetary significance, your decision in terms of who to hire as your legal representative often plays a significant role not only in the outcome of your case, but also in terms of your satisfaction with the legal process,” said Travis Groat, an attorney with the firm Hayes, Turkelson & Groat in Charlevoix.

Some points to keep in mind

Travis Groat, an attorney with the firm Hayes, Turkelson & Groat mentioned the following:

— During initial consultations, Groat said he often advises potential clients to meet with several lawyers before making a decision.

“In many cases, especially divorce and custody matters, it can be several months before the case is wholly concluded, and you want to make certain that the attorney you hire is one that you trust to effectively advise you,” Groat noted. “Moreover, the attorney you hire should be one you are comfortable communicating with, especially regarding the sometimes personal details of your case. Good attorneys can not only offer you intelligent legal advice, but should also be capable of counseling you through the decision-making process of the case.”

— As you meet with attorneys, use the time to effectively evaluate the person you are considering hiring. Groat suggests questioning your potential lawyer about the specific area of law for which you are seeking representation. Also, question the attorney regarding their individual procedure for returning phone calls and generally keeping you informed of the status of the case.

— Along the same lines, thoroughly discuss the attorney’s billing process. “Will you receive a statement once a month or not until the completion of the case? What specifically are you as the client expected to pay for aside from the attorney’s time? Question the attorney about expected court costs, expert witness fees and any potential administrative fees that you will be expected to cover,” Groat advised.

— Some attorneys today use the Internet for communicating with clients; if that approach is used, be sure to ask the attorney if they offer discounts or reductions if you primarily communicate with them via e-mail.

— “Many lawyers in multiple-attorney law firms communicate with their business partners about cases on a regular basis. If you are hiring a lawyer from a multiple-person firm, find out at the onset of your case if there is another attorney you should ask to speak with if your attorney is unavailable,” Groat said.

“Again,” he added, “the most important factor in the hiring of legal representation is to hire someone you are comfortable with. Most likely, your need of legal representation is as a result of a something important and stressful in your life. Therefore, you want to make every effort to hire someone who is not only experienced in that area of law but who is capable of alleviating some of that stress for you.”

 

‘You want your surgeons young and your lawyers old’

Kevin Klevorn, a Boyne City general practice attorney with 25 years of experience in areas including estate planning, litigation and family law, said one of the first questions a client should ask is whether the attorney has ever handled a case like this before, and if so, provide some examples.

Many attorneys, with decades of experience such as Klevorn, have handled numerous types of cases while not “specializing” in one particular area, he noted.

“Unless you’re going to a significantly large, more than 10-attorney firm, you’re not going to find a specialist,” Klevorn said, of the small communities around Northern Michigan. “And frankly, you don’t need a specialist. In many cases, you don’t need to reinvent the wheel after 25 years in practice. There probably isn’t anything I haven’t done at least once … The truth is, you want your surgeons young and your lawyers old.”

While his years of experience have resulted in numerous long-term relationships with clients, Klevorn said newcomers often ask about costs and fees first. It’s also reasonable for clients to question how billing is handled, from flat fee to hourly to per document.

Clients should also ask their potential lawyer about their availability and philosophy on returning phone calls promptly; Klevorn said his standard practice is to get back with a client within 24 hours.

His staff of two paralegals assists with document preparation and prioritizing messages and client needs, which raises another issue to discuss early on — asking an attorney about what charges to expect when paralegals work on their case.

It’s also reasonable for clients to ask their attorneys about timeframes for completion of certain aspects of the case, with the understanding circumstances such an uncooperative opposing party, in the instance of a divorce, for example, can prolong a case.

On the flip side, attorneys should be able to expect certain things of their clients as well, Klevorn noted. Cutting to the chase and providing important information up front is one of those critical components. “There are some times when you need to gather the adequate background information and the clients wants to talk, and talk,” he said. “I like to diagnose the problem, give a solution and move on.”

Also, it’s important for clients to tell the truth to their attorney so there won’t be any surprises that could hurt the case.

“You probe a little, and you ask some questions that are tests to see if you’re getting the whole truth, and nothing but the truth,” Klevorn said. “The last person you want to be surprised is your attorney.”

Checklist:

Here is a handy checklist of basic questions to ask before you hire a lawyer:

• What is your experience in this field?

• Have you handled matters like mine?

• What are the possible outcomes of my case?

• What are my alternatives in resolving the matter?

• Approximately how long will it take to resolve?

• Do you recommend mediation or arbitration?

• What are your rates and how often will you bill me?

• What is a ballpark figure for the total bill, including fees and expenses?

• How will you keep me informed of progress?

• What kind of approach will you take to resolve the matter - aggressive and unyielding, or will you be more inclined to reach a reasonable settlement?

• Who else in the office will be working on my case?

• Can junior attorneys or paralegals in the office handle some of the substantive legal work at a lower rate?

Source: lawyers.com

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