For many general legal services, such
as residential real estate transactions, simple wills and other day-today legal issues, general practice lawyers
are likely to provide you with the best
service at the most reasonable price. If
the matter is more complex, however,
you should seek the counsel of a lawyer
who acts as a specialist and focuses on a
certain area of law.
“If you have a more complex issue, like
a patent matter, a business to pass on to
your loved ones or a complex commercial transaction, then you’re likely to
need someone who works primarily in
that specific area of the law,” says
William P. Hampton, co-chairman of the
Executive Committee at Secrest Wardle.
Smart Business spoke with Hampton,
a former Oakland County Circuit Court
judge, who is frequently asked for recommendations of the names of attorneys
for businesses and individuals who are in
need of potential legal representation,
how to understand costs and fees and
what types of results can be expected.
How should one go about determining if he
or she needs legal representation?
A good way to determine whether you
have a legal problem or need legal assistance is to ask a lawyer. Without speaking
with a lawyer, you may not know if you
need help. To make this important step
easier, many lawyers will initially discuss
and determine whether you have a legal
problem without charging a fee. Once
you have decided which lawyer to call,
you should ask the lawyer whether he or
she charges a fee for the initial consultation and, if so, how much. This meeting is
very important to understanding whether
you need legal representation.
What information should be obtained when
meeting with a prospective lawyer?
Ask the lawyer how much time will be
needed for the initial consultation and
set aside an appropriate amount of time
in your schedule. Familiarize yourself
with all of the facts available about your
legal matter before the meeting. For
instance, if you want your will drafted,
put together a general inventory of your
assets and specific items that you wish to
leave to your beneficiaries as well as a
list of the full names and addresses of
those beneficiaries. Ask the lawyer in
advance what documents you should
bring with you and gather any other relevant documents that you think may be
helpful.
What questions should be asked?
It is important to discuss with your
lawyer how much experience he or she
has in dealing with cases similar to
yours. If your lawyer doubts his or her
competence to handle the matter then be
sure to ask for a referral to other lawyers
who are familiar with cases such as
yours. Also, ask about the outcome of the
other cases that the lawyer has handled.
Be perfectly candid during the meeting
about all aspects of your matter and
avoid withholding any information
regardless of whether or not you believe
it will help or hurt your matter. Make
sure your lawyer covers both practical
solutions to the problems as well as all of
your options under the law. Do not try to
convince the lawyer of the merits of your
position by exaggerating the facts. If you
know, make sure you tell the lawyer the
position taken by a potential adverse
party.
How are legal fees typically calculated?
You should understand from the first
meeting how much your lawyer will
charge to handle your case. Costs are
different from fees. Note that you are
usually responsible for court costs, filing
fees, etc.
An important step to more accurately
estimate the cost of legal representation
is to make sure your lawyer fully identifies and explains the legal problems you
face. Your lawyer should then give you
some idea of the amount of legal fees as
well as expenses for the action that he or
she is going to handle for you. Whether
you are charged on an hourly basis or a
contingent fee basis, the reason for the
fee should be fully explained to you in
writing.
How can one get a sense of how long the
matter will take?
Ask your lawyer how long it has taken
him or her to bring cases similar to yours
to a conclusion in the past. You should
inquire if your case involves issues more
complex than his or her previous cases
and whether or not that will affect the
expected time to bring this case to a conclusion. Also, ask your lawyer what he or
she believes to be the best-case as
opposed to the worst-case scenario with
regard to the amount of time that he or
she expects the case will take.
WILLIAM P. HAMPTON is co-chairman of the Executive Committee at Secrest Wardle. Reach him at [email protected]
or (248) 539-2826 .
