State Bar Issues Guidelines for Consumers as Part of National Consumer Protection Week

As part of National Consumer Protection Week, The State Bar of California is issuing a series of consumer protection guidelines to help ensure that Californians have access to qualified, ethical attorneys.

Protecting the public is a central plank of the State Bar's mission, and that mission includes making sure the public has access to legal representation without fear of fraud or incompetence. If you are in need of a lawyer for any reason, following the guidelines below can help ensure that your legal representation is adequate, ethical and fair.

What to do before you hire a lawyer:

  • Look up a potential attorney on the State Bar website to check for license status, eligibility to practice law, and whether they have a history of discipline. 
  • Ask whether the attorney carries liability or malpractice insurance
  • Ask prospective attorneys how they will respond to your needs, and how quickly they return calls. You and your attorney should agree on how you will communicate.
  • If the cost of legal services is an obstacle, consider inquiring whether an attorney is willing to offer “unbundled” or limited-scope representation.

How to make sure your representation is fair:

  • Get any contract in writing, but note that not all services require a written contract.  For example, if it’s not a contingency fee and the services are not likely to be over $1,000, no written contract is required.     
  • Avoid paying in cash
  • Although fee arrangements may include payment of certain fees in advance, fees for certain services are strictly prohibited, such as advanced fees for loan modification service .
  • Retain all documents and correspondence with attorneys, including emails and text messages.
  • If you have hired an attorney to represent you in a dispute, do not communicate with anyone in the opposing parties.

Firing your attorney:         

  • You can fire your lawyer at any time, but in certain circumstances you may need the permission of a judge.
  • When ending an attorney-client relationship, be sure to obtain a copy of your files. 
  • Attorneys have a duty to account for all money received from a client as well as any money from others collected or received on behalf of a client.  Ask for such an accounting once an attorney no longer represents you.

What to do if you think a lawyer has wronged you:

How to find a lawyer and what to look out for:

  • Consider using a State Bar Certified Lawyer Referral Service when trying to find and hire an attorney.
  • Be wary of attorneys who approach you in-person or by telephone to offer legal services as direct solicitation is generally prohibited.