What is a Consultation?
A consultation can be in person or over the
phone and has three goals.
- The Lawyer will determine if they are able and
are willing to take your case.
- The Lawyer will give you a price estimate of
the cost of their representation
- The Lawyer will tell you about their
experience and practice.
Once these three things are established, both
you and the lawyer will have enough information to decide if you want to work
together on your legal issue. Not all lawyers work with every type of law. Even
within areas of law, there may be types of cases a lawyer will not take.
Lawyers may not take your case based on the type of case, elements of the case,
conflicting courts schedules, available calendar space, representation
conflicts, personal choice or court jurisdiction. If a lawyer does not accept
your case, do not be offended, contact Attorney Search Network and we can try
to refer you to another attorney.
The cost of representation can vary depending on
what type of case. There are cases in which you hire the lawyer to be your
legal advocate / legal representative, these are typically called
"Non-Contingency" cases. "Contingency" cases are cases
where the lawyer does not charge upfront for their time and/or expenses of the
case. They are paid a portion of the settlement at the end of the case.
In order for your lawyer to understand if they
can or will take your case and/or how much the fee will be, you need to
communicate your case as concisely, simply and completely as possible. See step
3.
2. What a Consultation
is NOT
- There is general misunderstanding about legal
consultations. Here is a list of things they are NOT.
- A consultation does not create an Attorney
Client relationship
- Consultations do not guarantee that the lawyer
will take on your case
Most lawyers will not give case or situational
advise during the consultation.
You are going to gain a lot of information
during your consultation. The more prepared you are the more information you
will obtain during your consultation. However, if you come unprepared it will
be hard for your lawyer to provide as much value as they can during your
consultation. If you need large volumes of paper work reviewed, a complex issue
evaluated or information requiring research, it is unrealistic to gain this
knowledge during your first consultation. Most likely you will need to hire the
attorney do this work for you. In this case use the consultation as an
opportunity to interview the lawyer and determine if you want to retain their
services.
3. Communicating your
Legal Issue
This is a highly critical step in selecting
legal representation. You are already off to a good start by using a Lawyer
Referral Service, you are assured that the lawyer is in good standing with the
California State Bar Association, carries malpractice insurance and has been in
practice for 5 or more years. In the consultation, it is your responsibly to
communicate your legal issue to the best of your ability. The better this goes,
the more likely the lawyer will understand your issue and the more accurate
their fee estimate will be. There are a few steps to having a successful
consultation.
- Be prepared. Have all your documents, dates,
amounts, charges, times, fees, fines, etc organized and with you. Be ready when
the lawyer asks you a question. Keep in mind, the lawyer may not review your paperwork, but you should have it
in case it is needed.
- Be honest. It is important to be honest and
speak candidly with your lawyer, so your lawyer can help you in the best
possible way. Don't worry - the information you disclose to your lawyer is
protected by the attorney-client privilege. A good lawyer will be honest with
you in return by giving you directions and informing you of your options.
- Answer the lawyer's questions. Lawyers deal
with legal issues all the time and will ask specific questions to obtain
information. Sometimes they may interrupt, but do not be offended, they are
only trying to guide you.
- Be respectful of the lawyers time. If you are
disorganized or late your consultation will not be as valuable. If you are
going to be late or miss you consultation, call the attorney's office in
advance.
4. Retaining your Lawyer
When you have decided to hire a lawyer for your
case, your lawyer should give you a written retainer or fee agreement. Read
the agreement carefully before you sign, ask your lawyer questions if there is
something you do not understand. The retainer agreement should list the
expected legal work and the legal fees. After you have signed the retainer
agreement, ask for a copy to keep for your records.
5. Your Lawyer's
Responsibilities
Your lawyer is responsible for providing
objective legal advice and ensuring that your legal rights are protected. Your
lawyer should be ethical, have knowledge of the law, communicate with you
effectively, keep your case confidential and remain loyal to you as their
client. Your lawyer should keep
Camilo Concha, is the founder of Attorney Search Network, a Lawyer Referral Service in California certified by the California State Bar and meets all the American Bar Standards as Lawyer Referral Service. Attorney Search Network has been in business for over 11 years.
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