When you are considering booking an appointment with a new hairstylist, you do your research. You look through social media to assess the stylist’s work. You check out reviews on Google and Yelp, and then you make a decision as to whether or not you will book an appointment with that stylist. When you are considering purchasing a new car, you conduct an online search. You then stop by the nearest dealership, and take that car for a test drive before you sign on the dotted line and commit to years of car and insurance payments.
But what happens when you need an attorney? There really aren’t statistics you can see online about an attorney’s track record. Sure, you may find reviews, but oftentimes, only the good and great reviews are visible, not so much the bad ones. There is no “free attorney trial period”.
So, when you are in need of an attorney, what should you possibly consider? As an attorney, I know exactly what I would want in an attorney, should I need one myself. Here are a few things you should consider when you are choosing an attorney:
1. The Practice Area
You wouldn’t consult with a criminal defense attorney to represent you in a civil small claim suit. You wouldn’t consult with an employment attorney to represent you in your divorce and custody case. You wouldn’t consult with a real estate attorney to represent you in your personal injury suit. Or would you?
The first thing to pay attention to when considering an attorney is that attorney’s experience in the practice area in which you need assistance. If you are in need of a criminal defense attorney, your search should primarily be for an attorney who spends a considerable amount of practice time handling criminal defense matters. The same goes for family law cases. Your search should be for an attorney who spends a considerable amount of practice time handling family law matters. Just because someone is an attorney does not mean that they know everything about every single practice area of law. I need to say that again: Just because someone is an attorney does not mean that they know everything about every single practice area of law.
2. The Cost
Who really starts the year off with a budget line item titled “attorney fees”? More likely than not, attorney fees are not a planned budget item, but something people have to quickly jump into depending on their legal circumstances. I’ll be the first to admit, loudly, that attorney fees can become excessive, very quickly. While a lot of factors go into how much an attorney charges for legal services, the complexity of your case is directly tied to how much you will ultimately spend in legal fees.
It is easier to assess whether you can or cannot afford an attorney’s fee if that attorney’s fee is a flat fee (i.e. charging $1,000 total to complete your case). If an attorney is assessing an initial retainer and hourly rate (which is more common in certain areas like family law and criminal defense), sure you may be able to afford the initial retainer, but you need to consider your financial position if and when that initial retainer becomes depleted. You have to think about whether you will have the financial capacity to replenish that initial retainer in the amount and time frame stated in the attorney fee agreement. You do not want to retain an attorney you know you cannot afford, fall behind on payment of your attorney fees and therefore run the risk of the attorney withdrawing from your case due to nonpayment of attorney fees.
3. The Experience
Of course, you want an attorney who has experience in the practice area in which you need assistance. But, keep in mind that perceived age of the attorney should not always be an indicator of experience. I know, that sounds weird, right?
An attorney that has been practicing for thirty years would generally have more experience than an attorney who has been practicing for three years. But sometimes, you have to do more digging to assess experience, beyond the perceived age and the years that the attorney has practiced. An attorney who has been practicing for thirty years could have more experience in settling cases out of court but could very well only have limited experience actually litigating cases. On the other hand, a newer attorney could have three times as much experience litigating cases compared to the attorney with a thirty year legal career.
Ultimately, you need to ask questions about your potential attorney’s experience. What are their initial thoughts on strategy, specific to your case? Do they have experience resolving cases outside of court? Do they have experience actually litigating cases? Do they have the ability to look at your case through a fresh lens? Make sure you leave time in your consultation to ask your potential attorney detailed experience questions.
4. The Feeling
We talk about red flags in our personal relationships. 60 years old but has never been in a relationship? Possible red flag. In a relationship for 2 years and never met in person or on FaceTime despite pushing for one or both to happen? Giving catfish. Giving red flag. Designer from head to toe, equipped with the Cartier glasses, but no car, no house, no savings and runs to the bathroom once the bill arrives during date night they planned?RED FLAG. Run away, don’t walk.
There are red flags in the attorney / client relationship as well. Often, the first meeting with an attorney is the consultation. Pay attention! Is the attorney listening to you? Is the attorney showing empathy? Is the attorney organized? If you answered intake questions prior to the consultation, has the attorney showed that they reviewed the information you took time to complete?
You want to make sure that you and the attorney are a great fit. If the relationship does not feel right during the consultation, retaining that attorney and entering into a long-term attorney / client relationship may not be the best idea. Go with your gut, even when choosing an attorney!
At Best James Legal, we start with the consultation. The consultation is our first meeting and a time for both the attorney and the potential client to get a feel as to whether the attorney / client relationship would be a good fit and subsequently established. If you have a family law matter in Maryland and are in need of an attorney, schedule a consultation with us today.