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DISCLAIMER: Material presented on the John R. Tatone & Associates, PLC website is intended for informational purposes only. It is not intended as professional advice and should not be construed as such.
FAQ Do You Need an Attorney?
Why do I need an attorney?
The courts of our nation have become very complex, and it can be very difficult for people to find their way through the system without special training. Even when judges are understanding, trying to represent yourself can cause undue delay in the resolution of your case, and even small procedural errors can be very damaging to the outcome of a case. In most cases, the best way to protect your rights is to hire an attorney.
How much does an attorney cost?
The cost of an attorney can vary substantially. Some types of cases are more costly to litigate that others. For example, hiring a lawyer to fight a traffic ticket will cost a lot less that hiring an attorney to fight a felony criminal charge. Also, different attorneys charge different rates. It is not always true that the best lawyer costs the most, but the best attorneys usually do not charge the lowest rates.
-Meet with the attorney. The only way to determine how much your attorney will cost is to ask. Most attorneys will not quote a price before scheduling a consultation, where they can learn the facts of your case. the most important thing is that you feel comfortable with the attorney, and ideally with the fee. Please remember that a "retainer" is not the total fee. Some attorneys quote a very low retainer in order to get the client to hire them, and then bill the client for additional work.
You may with to negotiate a "flat fee" for your case. Their purpose of a flat fee is not to save money - Most flat fee arrangements will end up costing you more that an hourly agreement. The purpose is to provide peace of mind - You won't be charged more that you can afford if your case turns out to be more complicated than the attorney initially assessed.
If appropriate, you may ask the attorney to quote a maximum fee for the case that is being billed by the hour. this can be a good way to test the reasonableness of an attorney's retainer - Unless the attorney is working with you because you are unable to pay more, if an attorney quotes you a $500 retainer but refuses to quote a maximum fee, you probably should go elsewhere. While a case may have complexities which render it impossible to quote a maximum fee, such complexities should also be reflected in the retainer - A $500 retainer ordinarily indicates that the attorney views the case a simple.
You can also ask an attorney for a lower hourly rate. Don't be surprised, however, if an attorney will not agree to a lower rate. Good attorneys usually have more work than time.
Many attorneys take certain types of civil suits, particularly personal injury cases, on a "contingent fee" bases, where they do not charge an attorney fee unless they recover money for you. Please note that there are legal costs involved in litigation, and that ordinarily you will be required to repay these costs even if you lose. Michigan limits contingent fees for personal injury and workers' compensation cases. If your case is potentially worth a lot of money, you may be able to negotiate a reduction of the attorney's contingent fee - However, the best personal injury attorneys are sometimes able to recover substantially more money for their clients that attorneys with lesser skills, resulting in a greater award to you regardless of the percentage taken by the attorney. Also, as previously noted, busy, successful attorneys are less likely to be willing to accept a reduced fee. In Michigan, the standard contingent fee for a personal injury case is one third of the total recovery.
Legal services & law school clinics:
If you do not have a lot of money, you may be able to obtain free or low cost legal services through a 'legal services' office, or through a clinical program at a law school in your state. Often, even if you do not qualify for those programs, they can refer you to attorneys who take cases like yours at a reduced rate. The Michigan Bar Association offers resources to help find law clinics and legal aid programs.
Private legal services & insurance:
Many large employers provide legal assistance for their employees. Additionally, "legal insurance" programs have developed, Where in return for your insurance premium you are offered free or reduced fee legal services in a variety of areas. If you are thinking about buying legal insurance, read the policy carefully to see what kinds of legal matters are covered or excluded, what co-payments are required, and whether you are able to select your own attorney.
Most attorneys periodically take cases on a "pro bono" basis. This is usually done where the case is of particular interest to the attorney, and the issue involved in the case is significant to the public interest. Please note that attorneys receive many requests for pro bono work, and can at best take only a few of those cases.
(It should be noted that "pro bono" is an abbreviation for "pro bone publico," meaning "for the public good." While it is customary for attorneys to do their "pro bono" work without charging a fee to the client, "pro bono" work may nevertheless result in fees, for example is the representation allow the attorney to ask for attorney fees as part of the judgement.)
Where can I find an attorney?
You can find the names of attorneys from a variety of sources. you may seek advice from friends, or from your doctor, accountant, or another professional. You may look in the Yellow Pages. You may contact a State Bar lawyer referral service. You may look in an online legal directory. There are many ways to seek a lawyer, but there are no magic answers to finding a good lawyer.
Go to an attorney you trust, and seek a referral:
One of the best ways to find an attorney is to consult an attorney you trust. If you do not know any attorneys, ask your friends for names of attorneys they trust. It is not important that the attorney can handle your case - What is important is that the attorney is likely to comprehend the issues of your case, and is well-positioned to know which attorneys in your community have the skills to handle your case, even is the attorney cannot personally take your case, he will often be able to refer you to an attorney who can.
Referral services & membership organizations:
The Michigan State Bar offers a lawyer referral service to help people find attorneys. Usually when a bar association offers a referral service, any member of the organization can list with its referral service, and you can't assume just from the referral that the lawyer is truly qualified to handle your case. There are also a number of specialty organizations, such as the American Academy of Matrimonial Lawyers, which have very high standards for membership, and whose members generally are highly skilled within their practice area. However, most legal organizations are open to all attorneys, and membership means only that the attorney has paid the membership fee.
A number of commercial online directories claim to screen their attorneys, or claim to list only highly qualified attorneys. Most are not being completely honest. Regardless of their promises, most on line directories will list any attorney who pays the required fee, and there is absolutely no guarantee that the listed attorneys are qualified to handle your case.
The American Bar Association lists a number of resources and directories and directories for finding attorneys and lawyers, on its public legal services page. The Michigan State Bar offers a directory of all Michigan attorneys.
Should I hire the guy with the 1-800 number, and on all of the ads on TV?
Generally speaking, television advertisements are a bad way to find an attorney. Most advertisements are paid for by referral agencies, which callect lare numbers of calls and then divide them up between member attorneys. Even when the advertisements are paid for by a law firm, often many of the cases are referred out to other firms who share the enormous cost of advertising. Most of the time, the attorney with the big advertising campaign will not have an office near you. Unless your case is worth a lot of money, you may well find that your are quickly referred to a different firm or that you can't get much attention for your case.
There is something very important to remember, when it comes to hiring a n attorney - The best attorneys often do little or no advertising. They get their cases through "referrals" from other attorneys, due to their reputations for doing good work and getting good results.
Should I hire the guy with the big "Yellow Pages" ad?
If you look at the "full page" ads in the yellow pages, you will likely find that there are two types. The ad first type is an ad for a local attorney, who has chosen to pay for the full page. The second type is an ad for an attorney from outside the area, sometimes from the same attorney who runs the huge television ad campaigns.
Typically, the biggest ads are from firms who hope thattheir large advertisements will bring them large numbers of cases. There are many good attorneys and firms that do bring them large numbers of cases. There are many good attorneys and firms that do pay for full-page ads. However, as was previously noted, some of the best attorneys do little or no advertising at all. Also, there are many attorneys who buy the largest ad that they can afford, in order to make their practices appear better than they really are.
If you look through the Yellow Pages, you will see that most attorneys claim to specialize in specific areas of law or specific areas of law or specific types of cases. This does not guarantee that these attorneys have handled the type of cases listed, but may be advertising for many areas of law to send the work to other attorneys that they know. The yellow pages can provide some degree of confirmation that a particular law firm is established, but even a big advertisement does not certify that a firm is qualified to handle your case.
Are there special types of lawyers for different types of cases?
Yes. There are many specialties within the law, just as there are in medicine. There are general practitioners. who handle a wide variety of cases. There are specialists, who have developed particular skills in handing a narrow category of cases. There are also a number of attorneys who specialize in several areas. Specialties include bankruptcy, real estate, contracts, criminal defense, personal injury, appeals, workers compensation, wills and estates, real estate transactions, appeals , probate, corporate law and family law.
If I meet with an attorney, do I have to hire him?
No. Before your meeting, you should ask if there is a fee for an initial consultation. You will be obligated to pay that fee, even if you do not hire the attorney. However, even if the consultation is free, you have every right to take some time to think before you hire the attorney, and you have every right to decide not to hire the attorney. Hiring an attorney is a big step, and there is nothing wrong with shopping around.
What should I ask the attorney before I hire him?
The questions you should ask will vary with your case. Consider the following list to be a starting point: What are your areas of specialization? What is the cost of the initial consultation? Have you handled cases like mine before? How many? What was the outcome? Will you be the only attorney who works on the case? If not, who else will work on it? How ling will it take for this case to be resolved? How much will my case cost? Can you take my case on a contingent free basis? Can I do some of the work on the case to keep the cost down? Are there things I should do to improve my case, or to help you? How will you keep me informed about the progress of my case? If I contact your office with questions, how long will you take to return my call? If you are unavailable or on vacation, who can I speak to about my case? Can I reach you after hours if I have an emergency? How often do you go to trial? If I am not happy with a settlement offer, and you want to settle, will you go to court anyway? If I am happy with the offer, but you think we can win more at trial, will you follow my wishes? Have you ever been disciplined by an ethics committee, or been suspended from the practice of law? If so why?
It may feel awkward to ask a lawyer the questions on this list, and you may find that some aren't relevant to your situation or hiring decision. The list above should be taken as a starting point - you should feel free to refashion the questions above, or to add or subtract questions to improve relevancy. Your shouldn't feel awkward about asking tough questions when meeting a lawyer- They can handle it.
Should l ask for a written retainer agreement?
Yes. A written retainer agreement is the best way to ensure that your rights are protected. Don't feel that you have to sign the agreement on the spot. Take the time to read it first, and ask questions about it. If you are looking at paying thousands of dollars in fees, you may even wish to have the agreement reviewed by another attorney before signing it. The retainer agreement should accurately describe the legal issues for which the attorney will represent you, the amount that you will pay the attorney and any other terms you discuss.
What if I hire an attorney, and I don't like the work he does?
The attorney works for you. You have the right to terminate you relationship with an attorney. Please note, however, that you must still pay the attorney for the services he has performed for you. If the attorney was representing you on a "contingent fee" basis. the attorney may be entitled to a portion of the proceeds of your case.
Usually, before you fire your attorney, you will want to first talk to a different attorney. Sometimes the new attorney will tell you to try to work out your problems with your attorney. If you choose to hire the new attorney, the new attorney should be willing to work out the details relating to any fees you may owe to your prior attorney.
If I get involved in another legal case, or if I want to appeal my case, does my attorney have to represent me?
Generally not. Unless you retainer agreement requires your attorney to take on the additional matter. Your attorney will ordinarily only have to represent you on the matters specified in your retainer agreement, and has every right to charge an additional fee if new cases arise. Once a final judgement has been entered, your attorney ordinarily has no further responsibility to represent you or to appeal your case.
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