HOW CAN I FIND AND HIRE THE RIGHT LAWYER?

1. Why might I need a lawyer?
2. How do I find a lawyer?
3. Do lawyers specialize?
4. What should I look for in a lawyer's advertisement?
5. What should I do if a lawyer asks for my business?
6. How will I know which lawyer is best for me?
7. Should I hire the lawyer?
8. How closely will I be involved in my lawyer's work?
9. Is it important to have a fee agreement?
10. What should be in the fee agreement?
11. How does a lawyer decide what to charge?
12. Do all lawyers charge the same kind of fee?
13. What additional out-of-pocket costs will I have to pay?
14. When is my lawyer's bill due?
15. What if I can't pay?
16. What do I need to do to have a successful lawyer-client team?

1. Why might I need a lawyer?

Basically, legal advice is like medicine: You can take some to cure problems and some to prevent them. You need legal advice to cure problems if you are accused of committing a crime, if you are being sued or if you want to sue someone. A lawyer also can help you if you want to get a divorce, if you need to file for bankruptcy and for many other problems.

Sometimes, you can add to your problems by failing to call a lawyer immediately. Suppose you are arrested or involved in an auto accident. In these and other cases, witnesses should be interviewed and evidence gathered as soon as possible. You should contact a lawyer right away. Preventive legal advice often can save you time, trouble and money by stopping problems from getting started. Suppose you are about to sign an agreement to buy a house, car or major appliance. If you are not completely sure what the agreement says you must and must not do, you should find out before you sign.

Maybe you are going to start a business with a partner. A lawyer can point out the advantages and disadvantages of various partnership arrangements. These are just a few of the many occasions when lawyers can help you understand your rights and solve problems.

2. How do I find a lawyer?

California has more than 130,000 practicing lawyers. You should be able to find the right one-once you know where to look.
Recommendations. Maybe you know a lawyer in a town where you used to live. Perhaps a lawyer who works for a corporation lives across the street. These lawyers can refer you to other lawyers who have experience with your kind of problem.

You also can ask your friends, co-workers and employers if they know any lawyers. Business people or professionals such as bankers, ministers, doctors, social workers and teachers may be able to give you a lawyer's name. Certified lawyer referral services.

Look in the Yellow Pages of your telephone directory for a list of State Bar-certified lawyer referral services in your area. You also can check the listings at the beginning of the "Attorneys" listings, or contact the local bar association. You can find a list of certified lawyer referral services at the State Bar's web site at www.calbar.org.

As of this print date (December 1999), there are 59 certified lawyer referral services in California. Look for the State Bar certification number, which must appear in all advertising. Certification means that a lawyer referral service, or LRS, meets certain standards approved by the California Supreme Court. Because the State Bar enforces those standards, you can file a complaint if you have a problem with an LRS, and the State Bar will look into it.

There are other advantages as well. For example, a certified LRS:

• will refer you only to attorneys who are insured. All lawyers who participate in certified lawyer referral services must carry malpractice insurance to protect their clients. This means that if your lawyer does something wrong, and you successfully sue for malpractice, you can be certain that the lawyer has the ability to pay.
• will screen your call to determine whether you have a legal problem-or need some other type of assistance.
• can refer you to a lawyer in your area of legal need.
• can give you information about other service programs. For example, you may have a problem that can be handled, without charge, by a rent control board or a community mediation program.
• may be able to provide an attorney at a reduced rate. Certification rules require lawyer referral services to make arrangements to serve people of limited means. Some lawyer referral services do this by operating low-fee or no-fee panels, while others cooperate with independent local pro bono publico ("for the public good"), or free, programs.

When you call an LRS, the person who answers will ask questions to help you find the right lawyer for your legal problem. Some services charge referral fees. Some offer half-hour consultations with a lawyer for a nominal fee ($25 - $50) to help ascertain the exact nature of your case.

Advertisements. You also can check the Yellow Pages and newspaper advertisements for a specific lawyer who may be able to help.
The Internet. Some lawyers and law firms advertise on the Internet. The same laws governing advertising in print, radio, TV and other media apply to the Internet. Joint advertising groups. Sometimes lawyers join together and advertise their services as a group.

Often a group of lawyers will share an 800 number and/or a company name. State law requires that joint advertising groups identify by name the participating lawyers. Public interest groups. Nonprofit public interest organizations, such as groups concerned with civil liberties and housing discrimination, may be able to help you.

Some of these groups have staff lawyers who may be able to handle your case. Others provide legal help only to a group of people rather than to individuals. For example, they might help you and your neighbors convince your city council to install a traffic light at a busy intersection.

There is no one best way to find public interest organizations. A local bar association or State Bar-certified lawyer referral service may be able to refer you to the organization you need. Sometimes, government agencies can tell you how to find the group you want. Suppose you believe a landlord is discriminating against you. You could call your city or county housing office for the names of groups that are concerned with your problem.

Maybe your community newspaper, radio or television station has a "consumer action" service. If so, call to find out where you can get legal help. The organization you need may be listed in the Yellow Pages-along with other kinds of groups-under "Associations," "Consumer Protection Organizations," "Social Service and Welfare Organizations" or similar listings.

Free legal aid agencies. What if you cannot afford a lawyer? Depending on your income and the kind of legal problem you have, you may be able to get free help in non-criminal cases from a legal services program such as a legal aid society. Check the white pages of your telephone book to see if such an organization is located in your area.

A State Bar-certified lawyer referral service or a local bar association may be able to refer you to a legal services program. Or, perhaps a law school clinic could help.

Suppose you are accused of committing a crime. If you cannot afford a lawyer, you may qualify for free help from the public defender's office. Look in the white pages of the telephone book under the name of your county. What if there is no public defender in your area? Then, in most cases, a judge will appoint a private attorney to represent you without charge.

Dispute resolution programs. In addition, many communities have "dispute resolution" programs. These programs can try to help you and another person "mediate" or work out problems instead of going to court. Prepaid legal services plans. Perhaps you belong to a "legal insurance" plan through your employer, labor union, credit union, credit card company-or as an individual. Your plan may cover the kind of legal work you need-just as medical insurance plans pay certain medical costs.

Generally, the premiums you pay entitle you to a certain amount of a lawyer's time or to the services of a lawyer at a reduced rate.
For more information about these prepaid legal services plans and dispute resolution programs, write to the bar's Office of Program Development at the address on the back of this pamphlet.

3. Do lawyers specialize?

The State Bar has a program designed to help you find skilled specialists. Lawyers who qualify by showing that they have extensive experience and tested ability in their field of law are allowed to advertise as "certified" specialists. As of October 1999, the State Bar certifies lawyers in appellate law; criminal law; estate planning, trust and probate law; family law (divorce, custody, support and related issues); immigration and nationality law; personal and small business bankruptcy law; taxation law; and workers' compensation law.

The State Bar also accredits the certification programs of private certifying organizations in the following areas: civil trial advocacy, criminal trial advocacy, family law trial advocacy, business bankruptcy law, consumer bankruptcy law, creditors' rights law, and elder law. Lawyers certified by those organizations may also advertise as "certified" specialists.

For information on finding a certified specialist, contact the State Bar's Office of Certification at 180 Howard Street, San Francisco, CA 94105-1639, 415-538-2100, or visit the Legal Specialization web page at www.calbar.org/lgl-spec.htm.

4. What should I look for in a lawyer's advertisement?

Most lawyers choose not to advertise, other than to list their names, addresses and telephone numbers in the Yellow Pages. But lawyers are allowed to advertise in the Yellow Pages, newspapers and magazines, on radio and television, on billboards or any place else-as long as their ads do not contain false or misleading information.

Lawyers may use their ads to list the fields of law they practice. They also may advertise their fees. "Legal clinics"-law firms that handle typical legal problems such as adoptions, divorce, bankruptcy and wills-often list their charges. So do some other law firms and individual lawyers. If the ad mentions a "simple will" or "uncontested divorce," ask what the work covers and whether there will be additional charges for a more complicated case or for any expenses involved.

If you decide to call a lawyer after seeing an advertisement, keep the ad so you will not forget what it says about the lawyer's practice. If the advertisement was on the radio or television, be sure to make notes.

5. What should I do if a lawyer asks for my business?

Be cautious if this happens. Some unsolicited communications from attorneys may violate legal ethics. Perhaps you have been injured in an automobile accident and a lawyer or his representative visits you in the hospital, asking to handle your case. This kind of behavior is called "soliciting," and it is not permitted by the legal profession's code of legal ethics. If you believe you have received a solicitation, you can report the lawyer to the State Bar by calling 1-800-843-9053.

6. How will I know which lawyer is best for me?

Before you meet with a lawyer, you may want to do some "comparison shopping." If so, make a list of several lawyers. Telephone each lawyer on your list and ask for information that will help you make a decision. Some lawyers, however, may want to meet briefly with you instead of discussing your problem on the telephone.

You may want to ask how much experience the lawyers have had with problems like yours and how recently they handled a similar case.
Ask the lawyers if they will charge to meet with you to discuss your case before you decide which lawyer to hire. If there is a fee, ask how much it will be. In any case, lawyers have commitments to clients, so you should not expect a long first meeting; 15 minutes to a half-hour is average.

Write down everything you learn from each lawyer. Take some time to think things over. Then make an appointment to talk further with the lawyer who seems best for you.

7. Should I hire the lawyer?

That depends on how you feel after your first meeting with the lawyer. Before the meeting, make notes about your problem so that you can easily go over the important points with the lawyer. Bring the names, addresses and telephone numbers of everyone connected with your case. You also should bring all papers involved in your case. Some lawyers may ask to see the papers before the meeting.

Ask to hear about cases like yours that the lawyer may have handled. Remember: Age may have nothing to do with the lawyer's ability to help you. A lawyer who has practiced 20 years may have less experience with your type of problem than a lawyer who is three years out of law school.

You may want to ask if the lawyer will work on your case personally. If the lawyer intends to have another member of the law firm handle all or part of your case, you may want to talk with the second lawyer, too. You should know that most lawsuits and other legal work are not "sure things." You should be cautious of an attorney who guarantees results. However, a lawyer will be able to tell you the strengths and weaknesses of your case.

If you do not understand everything the lawyer tells you, ask for an explanation in simpler language. Find out about how long the lawyer expects your case might take, what steps will be involved and how you will be charged. You can decide to hire the lawyer at your first meeting, or you can take time to think about it. You might want to ask yourself these questions:

• Will you be comfortable working closely with the lawyer?
• Do you believe the lawyer has the experience and skill to handle your case?
• Do you understand the lawyer's explanation of what your case involves?
• Does the fee seem reasonable?

If your answer to one or more of these questions is "no," you probably should talk with another lawyer. If all your answers are "yes," you may have found the right lawyer for you.

8. How closely will I be involved in my lawyer's work?

That depends on the arrangement that you and the lawyer work out. You may be able to help by getting papers and other evidence together and by lining up witnesses. Even if you do not help in these ways, you must be sure to tell the lawyer everything you can and to report any new developments right away. In order to do a good job for you, the lawyer must know everything you know-even if you believe the information harms your case and even if it seems unimportant.

Ask your lawyer to tell you the various steps involved in handling your problem. You may wish to ask the lawyer to send you copies of any letters or documents prepared for your case. You also may want to know how long your case will take and how often the lawyer will report to you. Depending on your problem, the lawyer may be able to provide a timetable that tells what will be done and when it will be done. This is not always possible. For example, if you are involved in a lawsuit, the length of time your case will take depends partly on how busy the courts are.

If you have any questions as your case moves along, call the lawyer. But remember: Depending on the fee arrangement, you may be charged for the time the lawyer spends talking to you.

9. Is it important to have a fee agreement?

Yes. No matter what the amount, no one likes to pay legal fees. Therefore, it is important for you and your lawyer to agree about what you will pay the lawyer and what services the lawyer will perform. This way, both of you will know what to expect from each other as you work together on your case.

By law, fee agreements must be in writing when the lawyer expects the fees and costs to be $1,000 or more. If you do not have a written agreement, you may still have to pay the lawyer a reasonable fee for any work done-even if the lawyer should have given you a written agreement but didn't. It is always a good idea to have a written record of what you and the lawyer agreed to do. If there is a written agreement, get a copy for your records; if you have an oral agreement, make a written note of it.

10. What should be in the fee agreement?

Your fee agreement should set out the services the lawyer will perform for you, and the type and amount of fees you will be expected to pay. The agreement should also say how costs-the other expenses of your case-will be handled and explain the lawyer's billing practices. The agreement should also say if the lawyer is going to add interest or other charges to unpaid amounts.

A fee agreement may also include your obligations as a client. For instance, you may need to agree to be truthful, to cooperate, to abide by the agreement and to pay your bills on time. You make a fee agreement in the same way that you would make an agreement with a contractor or other businessperson. Tell the lawyer what services you will want and ask questions to find out what the charges will be. You may want to ask a friend or relative to come with you if you are not sure what to ask.

Some suggested questions:

• How will the lawyer bill for his or her time? (See the section below on the different kinds of fees lawyers charge.)
• Who else will be working on the case-associate lawyer, legal assistant, paralegal? How will that time be billed?
• What can be done to reduce fees and costs?
• What is the lawyer's estimate of the total charges?

Keep in mind that an estimate is just that-a calculated guess as to how much the fees and costs will be. The total amount is subject to change as circumstances change. The lawyer may have a pre-printed fee agreement for you to sign. You can always ask the lawyer to change parts of the agreement or make up a new one especially for you.

In addition, the State Bar publishes sample fee agreement forms, which are available for a small fee. There are two sets, one for contingent fee agreement matters and the other for non-contingent fee matters. They can be purchased for $5 per set if you send a check and a request to: Mandatory Fee Arbitration Program, The State Bar of California, 180 Howard Street, San Francisco, CA 94105-1639.

Be certain that you understand everything in the agreement before you sign it. If you are not comfortable with any of the terms, don't sign it. If you cannot work out the disagreement, you may want to look for a new lawyer.

11. How does a lawyer decide what to charge?

Lawyers consider several factors when setting the fee they will charge. Some lawyers who are well-known in a certain field of law might charge more than others who are not. If so, you will need to consider whether the special skills and experience will actually lead to a better or faster solution to your problem.

A lawyer also may consider the amount of time your matter will take. For example, the trial in your lawsuit may take just half-a-day. But the lawyer may have spent days, weeks or even longer preparing for the trial-researching the law, finding and interviewing witnesses, and preparing documents and arguments for the trial.

The fee also may depend on how complicated your matter is. Keep in mind that unexpected developments that make your matter more complicated may also cost you more.

12. Do all lawyers charge the same kind of fee?

No. There are several kinds of fee arrangements and most agreements between you and a lawyer must be in writing.
If the fee arrangement is for a "contingency fee"-which means that the attorney will take a percentage of your settlement if you win the case-the agreement must be in writing. And, it must include, among other things, the percentage you have agreed on.

With non-contingency arrangements, the fee agreement must include the lawyer's hourly rate and other standard rates, fees and charges that would apply to your case. It also must include an explanation of the general nature of the services that the lawyer will provide for you.
Sometimes it is impossible for a lawyer to know exactly how much time your case will take. Then, you can ask the lawyer to include in a written fee agreement or letter an estimate of the costs and time involved. But, you should keep in mind that many unexpected factors may affect the lawyer's fee and that the actual cost may be greater than the estimate.

Tell your lawyer everything you know about your case. Suppose there is a "cross complaint." This means that the person you are suing is also suing you. A cross complaint can affect the type and amount of the fee your lawyer will charge. Apart from any fee you may pay for your first meeting with a lawyer, you probably will be charged either a fixed, hourly, retainer, contingency or statutory fee.

Fixed fee. This way of charging, sometimes called a "standard" fee, is used most often for routine legal matters. For example, a lawyer may charge all clients the same set amount to draw up a simple will or to handle an uncontested divorce. Legal clinics often use this kind of fee arrangement, and so do some other law firms and lawyers. When you agree to a fixed fee, be sure that you know what it does and does not include. You also should find out if any other charges might be added on to the bill.

Hourly fee. Some lawyers charge by the hour, and the amount can vary from lawyer to lawyer. To know approximately how much your total bill will be, ask the lawyer to estimate the amount of time your case will take. Suppose you contact three lawyers, and one charges more per hour than the others. You will need to decide whether this lawyer has the skills or experience that could bring your case to a faster solution. Also, remember that circumstances may change, and your case may take longer to handle than the lawyer expected at the beginning.

Retainer fee. This kind of fee can mean different things to different people, so be sure you understand the fee agreement.
A retainer fee can be used to guarantee that the lawyer will be available to take a particular case. This could mean that the lawyer would have to turn down other cases in order to remain available. With this kind of retainer fee agreement, the client would be billed additionally for the legal work that is done. If the fee agreement says that the retainer is not refundable, you may not be able to get your money back-even if the lawyer does not handle your case or complete the work.

A retainer fee also can mean that the lawyer is "on call" to handle the client's legal problems over a period of time. Certain kinds of legal work might be covered by the retainer fee while other legal services would be billed separately to the client.
In addition, a retainer fee sometimes is considered a "down payment" on any legal services that the client will need. This means that the legal fees will be subtracted from the retainer until the retainer is used up. Then, the lawyer will either ask you to replace the retainer or bill you for any additional time spent on your case.

Contingency fee. This kind of charge often is used in accident, personal injury and other cases when you are suing someone for money. It means that you will pay the lawyer a certain percentage of the money you receive if you win the case or if you settle the matter out of court. If you lose, the lawyer does not receive a fee. Either way, though, you will have to pay any court costs and other expenses that are involved. Depending on the circumstances, these charges can be quite high. So be sure to ask the lawyer to estimate the costs. In some cases, the lawyer may pay some of these costs for you when they are due, using money you receive from the case.

If you agree to a contingency fee, be sure that the written fee agreement tells what the lawyer's percentage will be and whether the lawyer's share will be figured before or after other costs are deducted. Suppose you are awarded $20,000 in a personal injury case and your lawyer is entitled to 40 percent. Court costs and other expenses amount to $2,000. If your lawyer's share is figured after the $2,000 is deducted, the lawyer will receive 40 percent of $18,000-or $7,200; you will receive $10,800. But, if the lawyer's share is figured before costs are deducted, the lawyer will receive 40 percent of $20,000-or $8,000; then, after the $2,000 in costs is deducted from the remaining amount, you will receive $10,000.

Remember: All contingency fee agreements must be in writing. Among other things, they must say whether you are required to pay the lawyer for related matters that come up as a result of your case and that are not covered by the written fee agreement. In many cases, the agreements also must state that the attorney's fee is not set by law but is worked out between the attorney and the client.

Statutory fee. The cost of some probate and other legal work is set by "statute" or law. For certain other legal problems, the court either sets or must approve the fee you will pay.

13. What additional out-of-pocket costs will I have to pay?

The lawyer will charge you for the costs of your case in addition to the fees. You will be responsible for paying these costs even if your case is not successful. Costs can sometimes add up rather quickly. It is a good idea to ask the lawyer for a written estimate of what the costs will be. You can tell your lawyer that costs over a certain amount have to be approved by you in advance.Here are some typical costs:

• Certified shorthand reporters charge for taking down testimony at depositions and trials and for providing written transcripts of that testimony.
• Copying and facsimiles (faxes) are normally charged on a per page basis. Lawyers also may charge for secretarial time spent on these tasks and telephone charges.
• Experts and consultants charge for their time in evaluating cases and testifying in court.
• Filing fees are required by courts before they will accept legal papers.
• Investigators charge for their time helping to gather facts for the lawyer's clients. Investigators usually charge an hourly fee and also may charge for expenses such as mileage, meals and lodging.
• Jury fees and mileage are paid to jurors in civil cases in an amount set by law. The party requesting the jury must pay these expenses in advance.
• Postage, courier and messenger costs for mailing, shipping or personally delivering documents to you or others involved in your case.
• Service of process fees charged by individuals who locate parties and witnesses and deliver legal papers to them.
• Staff time for secretarial services, including overtime, word-processing time, etc.
• Telephone bills for long distance calls.
• Travel expenses for the lawyer while traveling on the client's behalf. These charges can include gasoline, mileage, parking fees, meals, airfare and lodging.
• Witness fees and mileage charges must be paid to people who testify at depositions and trials. The amounts are set by law. You also may need to pay travel expenses if a witness must be brought in from far away.

Your lawyer may charge for other costs. Be sure you understand all the different costs for which you will be responsible. Ask the lawyer if you will be responsible for paying the costs directly or if you will have to reimburse the lawyer for costs that he or she may pay on your behalf.

14. When is my lawyer's bill due?

Unless you have a contingency fee agreement, you very likely will be billed monthly.

If you are paying an hourly fee, you may want the lawyer to get your permission before spending more than a certain amount of time on your case. You also may want itemized bills that show how the lawyer has spent time on your case. You also have a right to an itemized bill that lists expenses such as photocopying, telephone calls and travel costs. In fact, a lawyer must provide the bill within 10 days of the date that you request it.

15. What if I can't pay?

If your lawyer's bill is accurate, but you cannot afford to pay it, contact your lawyer about making arrangements to pay over time or finding some other accommodation. You should know, however, that if you cannot reach an agreement about how to handle the problem, the lawyer may be entitled to stop working on your matter or withdraw as your lawyer. You also may want to ask if work can be postponed temporarily to allow you to lower the bill.

If you think your lawyer's bill contains an error or something you didn't agree to, contact the lawyer immediately and try to resolve the problem.

16. What do I need to do to have a successful lawyer-client team?

The answer to this is simple and straightforward:

• Be sure that you and your lawyer have the same goals.
  
• Be sure you understand and are comfortable with the lawyer's working style. Be especially certain that you have a clear picture of the expected timetable of your case-when you can expect significant developments and when and how often the lawyer intends to contact you.
• Be sure that you provide the lawyer with the information and documents necessary to understand your case.
• Be sure you understand and agree with the lawyer's billing practices.
• Be sure that if you have questions or concerns about your legal matter, you express them to the lawyer and listen to the responses.

By following these simple rules, you should have a productive and positive working relationship with your lawyer.
However, even if you follow all the rules, problems may still arise. Should this happen, there are resources available to help you. Many local bar associations throughout California have client relations programs whose purpose is to help clients with non-responsive lawyers. Even more local bar associations have fee arbitration programs to help clients resolve fee disputes with their lawyers.

You may believe your lawyer intentionally mishandled your case. Maybe the lawyer told you that a will was filed for probate when it was not. Perhaps the lawyer settled your personal injury case without checking with you first. Suppose you believe that your lawyer misused or stole your money. As an arm of the California Supreme Court, the State Bar investigates complaints like these which could involve violations of legal ethics rules.

An attorney who is found guilty of ethical misconduct can be disciplined. To lodge a complaint against an attorney in California, call 1-800-843-9053. And, if the lawyer stole your money or property, the bar has the authority to make the lawyer repay you.

You also may qualify for the bar's Client Security Fund, which can compensate eligible clients up to $50,000 for some losses due to an attorney's misconduct. (The fund is supported by all California attorneys in active practice.)
If you believe that you are eligible for a payment from the Client Security Fund, call the State Bar at 213-765-1140. A complaint must be filed against the attorney in order to pursue a Client Security Fund claim.

For more information, refer to the State Bar pamphlet What Can I Do if I Have a Problem with My Lawyer? To obtain a complimentary copy of this pamphlet and other State Bar consumer education pamphlets, call 415-538-2280. Or, visit the State Bar's web site-www.calbar.org-where you will find the bar's consumer education pamphlets, as well as information on ordering them. The pamphlets also may be ordered in bulk.

The purpose of this pamphlet is to provide general information on the law, which is subject to change. If you have a specific legal problem, you may want to consult a lawyer.

The State Bar of California
Office of Media & Information Services
180 Howard Street
San Francisco, CA 94105-1639
415-538-2000
415-538-2280 (for pamphlets)
www.calbar.ca.gov