HOW TO AVOID BAD LAWYERS
---From your local Texas Legal Malpractice Attorney
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Let's face it: Most people are not big fans of Lawyers. Especially when the lawyer turns out to incompetent and does not use YOUR time efficiently.
After practicing among many types of attorneys I have seen great attorneys and less than great attorneys. I am here to lay out some rules of thumb that the average consumer can follow to find a good lawyer, and avoid getting mixed up with a bad one.
1. Make the consultation YOUR CONSULTATION
The first important tip to find a good lawyer is to treat the process very seriously. A person or business especially should treat the task of finding an attorney like hiring a new employee or taking on a new partner. Potentially the hiring of an attorney could mean more to one's business than hiring an employee or taking on a partner. Much like if a business partner screws up, if a lawyer makes a critical error in legalese or diligence could mean the downfall of a company. It seems many people use lawyers because they are friends, family members, or the guy that somebody at the club was raving about. While this is a good way to make an initial contact, ultimately an interview process should follow to determine if that person is the best fit for the given legal situation.
During your consultation with your attorney make sure that you ask the questions that need to be asked. ask about qualifications and experience in the area important to your legal query. Do not let the lawyer run the show during the interview. Don't let he or she tell you what you need to do and railroad you into thinking he or she is the lawyer for the job. that is your decision.
2. A general practitioner may not always be the best practitioner
Using the same attorney that you used for one issue may not be the best attorney for current issues you may have. Do not automatically assume that every lawyer is a Perry Mason and will try a case like a champ. On the other hand, do not assume the a trial lawyer or a good negotiator can write a killer pleading to get you out of a jam. A good general practitioner is normally no substitute for a seasoned expert.
I will tell you from experience, do not be intimidated to approach a lawyer who is a known "specialist" in a particular area. Surprisingly enough they are normally cheaper than a general practitioner would be in doing the same work.
Things to keep in mind:
1. A general practitioner could take days and many billable hours to figure out what to do where a specialized practitioner will be should be able to take care of business quickly because they know the quickest route from point A to Point B.
2. Competitive pricing:
A general practitioner may charge a premium because they are in unfamiliar territory where a specialist will know what the market rate for such a task is and quote you a competitive price.
3. Avoid the 3 ring circus: the fancy billboards, the cheesy commercials, and the full page ads in the telephone book.
Choosing a lawyer is not like choosing your Friday night movie selection, avoid the magic show because the most visible attorney is not necessarily the most competent or seasoned attorney. The best place to find a competent attorney, is to ask another competent attorney. Ask a lawyer you trust to refer you to an attorney who is known to be involved in a single field with a good reputation. Go the extra mile and ask friends and family to give you names of people who know people who can help you. Even contact the State Bar to get references and background checks. The more you put into the search, the more you can expect to get out of it.
4. Like you would with a doctor always get a second opinion.
Don't stop at just asking another lawyer his or her opinion of the lawyers you are considering hiring. Ask them there opinion of your case and is there another lawyer you can find that will give you an opinion of the lawyer you are considering hiring's opinion on the case. Get an opinion on the lawyer's opinion.
5. Time is MONEY.
Prior to any meeting you may have with a lawyer, know before going in how much you have to spend in total. Also keep in mind that meeting with most lawyers and entering into most types of legal proceedings keep one away from work and business. This is a fixed cost to consider as well. Try to factor in, the cost of being away from work.
6.
SHOW ME THE MONEY!
I can't say it enough, know where your money is going. Know what part will be assigned to legal fees and what part will be assigned to expenses.
Additionally, only agree to a fee structure that suits you. Never, ever sign a blank check for retainer fees. According to one author, this type of activity means that you are counting on the lawyer, and the lawyer alone, to set the price only after work has been done on the case. This is a red flag that you have a bad lawyer. It is certain that no one, including the attorney in these situations, will ever have an idea of how much time or money he or she actually spends on your case. Only pay a retainer up front and then when your attorney asks for more, reevaluate.
Always always always ask your lawyer for an estimate of fees and expenses at the initial consultation. This avoids any surprise bills or busted expectations on the part of you and your lawyer. This strategy ensures the both the lawyer and the client are on the same page.
Any seasoned lawyer should be able to give a client a pretty accurate estimate on just about anything that attorney knows how to do. At worst, a lawyer who knows a fair amount of what he or she needs to do should be able to give a client a range and better elaborate on factors that will drive that price higher or lower.
Per the rules of disciplinary procedure (these are the rules of conduct governing lawyers), many cases require a written fee agreement where the fee arrangement is laid out in detail and costs are specified. Insist that your lawyer provides such an agreement on EVERY case he or she handles for you.
7. A good lawyer should also be a good teacher
A good lawyer should inform you as well as educate you every step of the way.
This is the 2000's and everyone including your lawyer should have Email. It is a wise decision to print and keep every email communication with your attorney. Always follow-up with your attorney and keep record of those communications. This will encourage a smooth relationship and make sure everyone is on the same page.
A good teacher always has time for his students. As a result, it is important from the get go to lay out how often your lawyer will communicate with you. be wary of these timelines and make sure that you lawyer abides by them. This is a red flag to whether your lawyer carries through on his promises.
This type of good communication is most important in discussions about money. Most clients and attorneys will agree that miscommunications about money between lawyers and clients brings about the most problems between lawyers and clients. By documenting your understanding of fee changes or potential settlement discussions along the way, you will ensure a fair and quick resolution of any future disagreements.
A good teacher should be there to answer any questions you may have. If you don't understand something, send your lawyer an email and question the things you are unsure about. . A good lawyer will take the time to explain and answer these questions.
8. There are NEVER any guarantees in life and that especially carries over to any legal issue.
If your lawyer guarantees an outcome, either good or bad, its time to find a new lawyer, IMMEDIATELY. A good lawyer should never tell a client that "this is a sure thing", or "you are gonna make a fortune on this thing" especially after the first meeting. Trust me when I tell you the law is never black and white.
Depending on the case, a good attorney will do some serious investigation and talk to several people involved before making any kind of assessment; let alone a guaranteed one.
And always remember, if it looks fishy, find someone else. There are many options out there. Too many options to go with the first attorney you visit with.
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