Attorney At Law

An Attorney is simply one who can act on your behalf. He or she is trained and legally permitted, to “stand-in” for you, protect your interests, and defend your rights.

American attorneys use the term “lawyering” to refer to the art of practicing law. Most academic legal training is directed to identifying legal issues, how to research facts and law, and how to argue both the facts and law in favor of either side in any case.

Once accepted by the bar association of a state, an American lawyer may file legal pleadings and argue cases in any court in that state (except federal courts, which usually require a separate admission), provide legal advice to clients, and draft important legal documents (such as wills, trusts, deeds, and contracts).

In some states, real estate closings may only be performed by a lawyer, even though his role in a closing mostly involves notarization of documents and disbursement of settlement funds through an escrow account.

Practicing law can be broadly generalized as:

• Interviewing the client and identifying what is their legal matter or dispute
• Identifying the discrete legal and factual issues embedded within the client’s larger problem
• Researching systematically each issue
• Deriving a solution that resolves some, if not all of the issues
• Executing specific tasks like drafting a contract or filing a motion with a court

When seeking an attorney, look for one that specializes in the field of law that you are concerned with (family law for a divorce, tax attorney for your business, etc.). Each area of law is complex and an attorney should really be just focused on one area.

An attorney with lots of experience in a particular field has a valuable reputation. Lawyers always size each other up. If you have an experienced attorney your opponent knows it, and will be more willing to settle sooner, with the result you want.

Judges are inclined to give more experienced lawyers the benefit of the doubt. It’s been said, “A good lawyer knows the law, and a great lawyer knows the Judge.”

When choosing an attorney, you want to speak with at least three. The initial consultation should always be free. During the consultation, ask the attorney how long they have been practicing, if they have ever had a complaint registered against them with the bar association and if they have ever handled a case such as yours and the result.

Many attorneys have paralegals, law clerks and associates doing much of their work on legal issues. This can lead to problems when a client wants to talk to the senior attorney, but finds only an associate or paralegal answering their questions. Ask the attorney how the case will be handled within the office, and if you are not comfortable with the answer, ease on down the road.

Remember the most expensive lawyer is not necessarily the best one for you. Nor is a “bargain” rate always a great deal. Look for the best balance of experience and cost. You may want to ask your lawyer if a junior lawyer or paralegal can perform some of the work to lower your costs.

Hourly rates depend on the circumstances surrounding the case and the expertise of the lawyer. Under this arrangement, the client will take care of other incidental expenses such as fees incurred in transcripts, sheriff rates and filing. The client is also in charge of paying for the hours spent on legal work such as writing documents, making phone calls, attending meetings and conducting research.

Lawyers typically collect contingency fees in cases involving collection and personal injury. This payment scheme is not used in divorce, DUI (driving under the influence) and criminal cases. Here, the lawyer collects no fees unless the client recovers some money. The lawyer receives an amount that he and the client have agreed upon prior to litigation, normally ranging from 25 to 45 percent of the total amount received by the client.

The percentage the lawyer receives depends upon the following factors: amount of work the lawyer thinks he will provide for the case, the complexity of the case and the chance of recovering witness’ fees. In cases of appeal, the percentage can go higher. Contingency fees can be given prior to the case’s arrangement, and the client generally pays for other expenses such as deposition and filing fees. This type of fee should be put in writing, bearing the signatures of both attorney and client.

With a flat rate, the lawyer renders a predetermined legal service to the client in exchange for a fixed sum. Examples of cases involving flat fee arrangements are will preparation and matters involving criminal defense. Should complications arise, this type of payment scheme can be modified.

In arrangements involving percentage fees, the payment is composed of a fixed percentage of the amount of estate or property that is subject to transfer. This is normally the case in estate administration and in the buying or selling of properties.

Lawyers are subject to state ethics rules and are required to charge reasonable fees; if you think your lawyer didn’t treat you fairly, represent you adequately or charged you too much, communicate with him and try to work out some resolution.

If trying to resolve the matter directly with your attorney is unsuccessful, consider filing a complaint with your state or local bar association. – “This lawyer walks into a bar…”,uh, well, that’s another story.

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