Interviewing And Selecting An Attorney

Although nothing in life is certain, we can all exercise due diligence in an effort to make reliable intelligent choices when it comes to selecting a lawyer. Here are my suggestions.

Interview intelligently before hiring. Very often, people focus on a prospective attorney's hourly rate and requested retainer as the most important factors. However, a low rate may not be a good criterion, since it may signal a lawyer whose experience and/or credentials don't justify a higher rate. A high hourly rate which is consistent with the lawyer's experience and credentials should not necessarily be a deciding factor either, since a more able attorney may resolve the case with fewer hours billed, and a more successful outcome. Furthermore, it can be cost prohibitive to correct an unsuccessful outcome, if it is even possible. Similarly, as long as the retainer is refundable, it should not be a significant factor in the decision. The size of the retainer does not impact the total attorney fees that will ultimately be incurred because those fees are merely a factor of the number of billable hours charged and the attorney's hourly rate. Experienced attorneys know that a client who cannot afford to pay the requested retainer before the fees have been incurred will almost certainly not be able to pay the fees after the work has been performed. If the total attorney's fees and costs incurred turns out to be less than the amount of the refundable retainer paid, the attorney must return those excess funds to the client at the conclusion of the representation. However, if the retainer paid to the attorney is non-refundable, the client will not be refunded those excess fees.

Ask how long the attorney has been in practice. Consumers rarely ask how long the attorney has been practicing law. I would like to point out the difference between the length of time since the attorney was admitted to practice law and the length of time that the attorney has been practicing law could be significant. An attorney becomes admitted to practice law after graduating from law school, passing the bar examination and being sworn in as an attorney at law. It is possible that the attorney was admitted to practice law, but has not done so consistently since their admission date because the attorney took time off, went into a different line of work for a period of time, or was suspended or disbarred from the practice of law for a period of time. This is not uncommon. In fact, there was a situation several years ago in which a woman who had been admitted to practice law ten years earlier but who never actually practiced law ran for an elected position as a judge. She had absolutely no experience practicing law, but qualified as a judge because she had been a member of the bar for at least ten years. Furthermore, consumers often make certain assumptions based upon the attorney's appearance. However, an attorney's age or perceived age could be misleading because it is not necessarily their first career.

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