Unit 8: Basic Understanding of the Law
Lesson 5: Hiring a Lawyer
OBJECTIVES
Identify where to get referrals for a lawyer.
Understand the process for selecting a lawyer.
Identify the different fee arrangements.
Identify at least three terms of an employment agreement.
MATERIALS NEEDED
Lawyer Contact Sheet
SUPPLEMENTAL RESOURCES
Using a Lawyer...And What to do If Things Go Wrong: A Step-By-Step Guide
– An $8.95 book from HALT – an
organization of Americans for Legal Reform (1888 367-4258)
INSTRUCTIONAL FORMAT
This lesson will cover the basic information on hiring a lawyer. Due to the
nature of skills needed to hire a lawyer, this unit may be too advanced for
many students. A student will need to understand the purpose of a lawyer,
and have good verbal and written communication skills. If a student is lacking
in one or more of these areas, it is suggested that trainers review this
material and encourage the student to find a person who can assist him or
her in this process. The source of this material is Using a Lawyer...And
What to do If Things Go Wrong. See reference below.
Discuss the process of picking a lawyer.
Make a list of potential lawyers. Talk to people you know and trust such
as family, counselors, and clergy. Call organizations such as government
agencies, local bar associations, legal aid associations, and public interest
groups. Law schools and private legal clinics provide services at a reduced
cost. A final source for locating lawyers is the Yellow Pages.
Call each lawyer on your list to make initial contact and obtain information.
Use the "Lawyer Contact Sheet" as a guide.
Before setting up an interview, call the state disciplinary agency to see
if the lawyer has ever had any disciplinary action taken against him. Call
the state's Bar Association to find the number of the agency.
Narrow your choice to one lawyer with whom you will meet. If this meeting
does not work out, you can always schedule another meeting with a different
lawyer. You want to get the best lawyer, but consider the time and cost of
being too picky.
Prepare for the meeting by writing a short summary of the case, including
dates and facts, and writing a list of questions to ask. Use the
"Lawyer Interview" sheet as a guide. There are three
goals of this meeting. First, you want to find out if the lawyer is experienced
and willing to take your case. Second, you want to understand what the lawyer
will do and how much he or she will charge. Last, you want to make sure you
feel comfortable with the person.
Discuss the different fee arrangements a person can set up with a lawyer.
Remind students that they always want to get the agreement in writing. If
a lawyer is unwilling to write a contract, seek out another lawyer.
Hourly Fees – With an hourly fee agreement, the lawyer charges an amount
of money (i.e., $100 an hour) for each hour worked. It is important to note
that lawyers will often charge for every 15 minutes worked. Even a five-minute
phone call may get billed for 15 minutes of work. The problem with this type
of arrangement is that it gives the lawyer motivation to extend your case.
Flat Fees – Lawyers usually charge a flat fee for common, uncomplicated
legal services. Because the lawyers have a good idea about how long it will
take to complete the task, they can charge the same fee regardless of how
long it actually takes. When a lawyer charges a flat fee for a service, make
sure you find out the cost for any extra clerical services such as filing,
copying, and photocopying.
Contingency Fees – This fee arrangement is common when a person is trying
to collect a sum of money in a civil case. This is beneficial for a person
who cannot afford to pay unless they win the settlement. The drawback is
that the lawyer usually takes a large piece of the pie (15 to 50 percent)
if you win. Find out if you are responsible for any expenses.
Define some common terms in the employment agreement between the lawyer and
client. The employment agreement is like a contract that specifically states
the services being offered and the cost of these services to the client.
Retainer – This is a fee you pay up front to ensure the services of
the lawyer. Think of it as a down payment. This money can go toward the fees,
the expenses, or be refunded. This needs to be worked out between the lawyer
and client.
Expenses – In addition to paying for the services of the lawyer, you
may be required to pay the costs of an expert witness, transcripts, stenographer,
copying, mailing, and court filing fees. Always ask for an itemized receipt
of the expenses. Make sure the expenses you have to pay are listed in writing
before agreeing to use the services of a lawyer.
Billing Arrangements – Most people cannot pay for the expenses and fees
of using a lawyer all at once. Because of this, the employment agreement
should spell out how you will pay the fees and expenses. Most people choose
to be billed monthly and spread out the payments over a period of time. When
looking at a bill, make sure everything is itemized. Work done by secretaries
or paralegals should be separate with less expensive fees.
Timetable – Before a lawyer begins working on your case, she should
be able to estimate the amount of time the case should take. This should
be spelled out in the employment agreement. This allows the client to assess
the progress of the case and to speak to the lawyer about any problems with
delays in the case.
Resolving Disputes – This is a difficult subject to discuss before a
lawyer even begins working on the case. However, it is important that the
employment agreement indicates how conflicts will be resolved. A client may
want the lawyer to agree to sit down with the client and resolve the dispute(s)
at no cost to the client. Another way to resolve a dispute is to use the
services of a mediator.
Client/Attorney Separation – The contract should specifically state
the process and consequences for a client firing the lawyer or the lawyer
withdrawing from the case. The contract should stipulate how much notice
either party needs to give for the separation and how much money the client
needs to pay if this arises.
Rights and Responsibilities – This provides a detailed description of what the responsibilities of both the lawyer and client during the case.
Ostberg, K. (1990). Using a Lawyer...And What to do If Things Go Wrong: A Step-By-Step Guide. New York: Random House.
SIGNS OF GENERALIZATION
Students are able to comparison shop when trying to hire a lawyer. They
understand the importance of getting all of the terms of the relationship
in a written contract. They are able to negotiate the terms of the contract
independently or with assistance.
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