Know When To HIre An Attorney

Life happens. And it's messy. From time to time, things happen that make you wonder if you need an attorney or not. And, with all the DIY legal sites out there, you have the option to do the basics on your own. And we aren't here to say you can't. But, what we are here to emphasize is that it comes with some risk. Depending on the nature of the issue, the risk is greater than the reward of using the DIY sites. So, how do you decide? Well, that's what we are here to lay out.

Is It A Legal Matter, Truly? 

So, on our block, we have great neighbors, like all of you. But we have one house, down the block a bit, that has turned to a short-stay rental being lauded as a great party house. So, you can guess what that's like.

So annoying. When it's rented, it's a mess. Loud noise until the wee hours of the morning. Assorted cans and bottles in the yard. You get the picture.

The neighbors got together and decided to do something about it. Some suggested suing the building owner, out of sheer frustration. In the end, we just called the owner and said hey, this is a problem. The owner adjusted the posting and things are better. No lawyer needed. Now, it could have gone the other way. And if it did, we may have then gotten our local city official or city agency involved. And only after that would an attorney been added to the picture. You get the idea.

There are definitely many circumstances where what you really need is an attorney. A DUI, divorce, immigration, real estate law, tax law, and the like are all areas where you really need a professional. 

To decide if you have a legal issue or not, it's best to think about it in terms of risk. 

Risk vs. Reward

Now, some divorce cases can be handled by the couple. No disagreements in terms of monetary implications, child custody and the like make that a lot easier. However, give us a second to add some context to this. A dear friend of mine went through a divorce a couple of years back. They decided to handle it themselves. They went through arbitration to avoid the entire court process, having previously jointly decided the division of assets and there were no children. Well, they get to arbitration and the agreement was not approved. It was found that the terms were favorable for one of the two parties and not a fair and equitable division.

Is this a deal breaker to DIY divorce? Not at all. They adjusted the terms and from there, all went smoothly. But the point is, if you are doing your own 'legal' work, this overview piece is not available. And it is crucial. 

Cost

More often than not, this is the reason people give for not wanting to hire an attorney. Well, we get that too. But we can tell you, beyond a shadow of a doubt, it's so very well worth the investment. And the investment isn't as high as you may think.

To be totally blunt, if it's going to be a time-consuming, complicated issue, then you definitely need an attorney. No doubt about it. And the money is well worth the confidence that a licensed attorney is representing your case. If it's a fairly simply case, well, the cost isn't that high.

Look for attorneys that will work with you to manage costs. Believe me when I tell you, they are well aware of their reputation. And they are working on making it easier to access legal support. Using technology, like case management software (which is us...) and offering multiple billing types, from a fixed fee, to hourly, to monthly installments, and more, you and your attorney can work together to manage those costs. And give you the confidence that your case is well managed and resolved.

Picking Your Attorney

When getting ready to hire an attorney, think about what you want from your attorney. And there’s a lot that goes into that. There are 3 criteria we especially encourage you to consider as you screen attorneys:

Experience and Good Standing: You don’t want to hire just any attorney. Although the attorney who’s a family friend is convenient, they might not be the best attorney for your case. An attorney’s experience in a certain practice area indicates a wealth of knowledge. Additionally, it’s important to confirm if an attorney is in good standing with their licensing authority, which is usually the State Bar. It’s important to find out if they’ve had any disciplinary action taken against them, too. Now, if you are using a website to research attorneys, like SimpleLaw, we have already confirmed they are in good standing. So it’s one less thing for you to do! Keep in mind that if your case is fairly straight forward, you may not need an attorney with extensive experience. Rates will likely vary based on experience, too. 

Communication Expectations: Know what you want from communication with your attorney. Since communication with them will often be billable (that is, you’ll be paying for their time), it’s worth thinking about communication options. Look for an attorney that uses technology to give you 24/7 access to the status of your case through a client portals, without a corresponding fee. Client portals, like SimpleLaw, have built-in communication channels for you and your attorney, and they make exchanging information fluid and easy. And that means fewer (billable) hours and more peaceful nights of sleep.

The Business Side: Your relationship with an attorney is also a business arrangement. So consider the business side of managing the case, too. What type of fee structure would you prefer: fixed, hourly or contingent? How often will you receive invoices? How will you pay your invoices and fees? Does the attorney use a paralegal and what fees are applicable for that role? How will you share documents, notes, and case information?

Clarify Expectations about Your Attorney-Client Relationship

As you move closer to formally hiring an attorney, be sure that you and the attorney clarify expectations. Clarify how you’ll communicate while formally working together, what the estimated timeline for the legal matter will be, how changes will be communicated, and how they will be managed. Be clear about your role, as the client, in supporting the efficient resolution of your legal matter.

Understanding expectations keeps everyone on the same page. And it makes managing the case the focus of the relationship, which is where it should be. 

Be Willing to Work with Your Attorney

You are hiring a professional to efficiently deal with your legal matter, but that doesn’t mean you should put it out of sight and out of mind. You need to be an integral part of resolving your case. That’s why it’s called an attorney-client relationship. It’s a partnership, a collaboration.

So be sure you understand what the attorney expects of you, too.

We get it. Legal matters are rarely the result of something positive happening, outside of purchasing a new home or winning the lottery! But even in these situations, make sure you consider the role both you and the attorney will plan in the resolution of the matter. And look for attorneys who use legal technology to make the entire process more simple and efficient. 

Want to know more about managing the attorney-client relationship? Go to the top of this blog and using the drop down, filter by 'legal client'. Or connect with us on the chat on the bottom right of this page. Or email us. You get the idea... reach out if you have specific questions.