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HOW TO LOOK FOR A LAWYER: A Lawyer’s Viewpoint By OLENA W. STERCHO, Esq. You’ve read the statistics. By the year 2000, there will be one lawyer for every two hundred and fifty Amer icans; although the United States has only 18% of the world’s population, it has 50% of its attorneys. Lawyers, lawyers everywhere, but now that you need one to assist you with a real estate purchase or with a divorce, how do you go about selecting one? Do you hire your old friend from PLAST who is now practicing with a large downtown firm? Or is the local attorney in the neighborhood professional building a better choice? Your search can be conducted in a variety of ways, but make sure to use your common sense throughout the process. For starters, attempt to identify the type and level of legal representation you need. For example, if you are buying a modest residence, there is usually no need to hire counsel from a large firm who is adept at handling multi-million dollar complex transactions and is likely to charge substantial fees which reflect that level of sophistication. Rather, in all likelihood, a practi tioner from a smaller firm, which has a solid back ground in residential real estate matters, will suffice. Start with the basic considerations of degree of special ization and experience that your legal matter requires and consider carefully the amount of money you are able or willing to spend in legal fees and costs. After you have identified the type of expertise you need and the amount of money you are willing and able to spend, the next step is the actual selection process. The most common and perhaps most reliable way to find competent counsel is to ask for referrals from fam ily members, friends, business associates, professionals such as accountants who frequently deal with lawyers, and court employees. Other resources are also availa ble. Many county bar associations maintain legal refer ral services which categorize iawyers by specialty and geographical location, but offer little other information. Libraries have legal reference books, such as the Martin- dale-Hubbell Law Directory which lists lawyers from all over the country by fields of practice and, at times, by representative clients. While Martindale offers a rating system for those lawyers who have submitted to the company’s evaluation process, many are not rated. How ever, a perusal of Martindale will also provide such basic information as the lawyer’s educational back ground, years at the bar, and the size of the firm in which he or she practices. The least recommended methods are to let your fingers do the walking through the Yellow Pages or responding to advertising. For members of the Ukrainian community who may need an attorney but may be concerned about word of their private affairs “getting around”, there is often an additional preliminary consideration — whether or not to engage a Ukrainian-American attorney. It should be of some comfort to know that the ethical rules which bind lawyers require that all client information, includ ing the identity of the client, must remain confidential, unless the client authorizes otherwise. Not only must the attorney stay mum, but she or he is obligated to ensure that the office staff also adheres to this code of conduct and that the client’s right to privacy is strictly and consistently protected. Once you have assembled your roster of candi dates, prepare a list of questions and consider question ing your potential lawyers on the telephone before set ting up face-to-face appointments. Set up several initial consultations, weed out some of the candidates, and refine your questions. Obviously, the amount of pre screening you choose to conduct will probably depend on how much time you have available and are willing to devote, the complexity of your legal matter, and whether the lawyers to whom you speak charge for initial consultations. The most important part of the selection process is to ask questions, and then to ask more questions. Here are some to include on your list: 1) What type of fee arrangement does the lawyer require? Is there a charge for an initial consultation? Are matters handled on an hourly basis, on a flat fee or on a contingency arrangement? Is the fee negotiable and if so, on what basis? Is there a retainer fee? Is there a charge for the use of paralegals and secretaries? What sort of billing policy does the office have? Will there be legal costs for payments to third parties, such as for court filings, and if so, how much might they total? How much does the attorney estimate the matter will cost? Both you and your attorney should conduct the discussion about costs and fees in a candid manner. Hesitation in this regard 'з not only poor business prac tice on the part of the lawyer, it can also lead to all sorts of unpleasant difficulties down the road. Before you retain a lawyer, make sure that you thoroughly under stand the fee arrangement and preferably, obtain it in writing. In many states, lawyers are required to provide new clients with written fee arrangements which explain billing rates, disbursement and billing practices, and detail the scope of proposed representation. 2) Will anyone else in the attorney’s office be work ing on your case? If so, what will be their role and what are their qualifications? 3) What is the attorney’s educational and private background? 4) How many cases like yours has the attorney НАШЕ ЖИТТЯ”, ВЕРЕСЕНЬ 1995 23
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