Choosing an attorney is a difficult decision.  Once you’ve consulted friends, checked the phone book, and done some research on lawyers.com and set up a meeting with an attorney you might think the worst is over.  That’s not exactly true.  Between the time that you make that first appointment and stepping into the attorney’s office, there’s some work you should do to make the whole process go smoother.  Regardless if this is the first time you’ve hired an attorney or the fiftieth, there are some basics you need to know.

1.  Gather together everything you think your attorney might need to look at.  Documents, contracts, records, medical bills, anything you can think of that’s related to your case you should photocopy and stick in an envelope to take with you.  That way if your attorney needs to see something you can hopefully hand it right to him.  It will speed up the entire process.

2.  Block out enough time.  Consultations can take a good, long while.  Make sure that you have set aside enough time for the meeting.  Ask the person you make the appointment with how much time they think you should allow.  Take that and add at least an hour or two just in case.  Try not to plan any other appointments for afterwards.  If possible, don’t return to work either because you need to be able to spend the time to get your questions and your attorney’s answered.  Also, especially if this is your first time meeting with an attorney, depending on what the issue is you might not feel like going straight back to work or on to something else that could cause stress.

3.  Prepare a list of questions.  Take some time to do this right.  Take the list with you and make sure your attorney answers all your questions before you leave.  Trust me, if you don’t have the list to refer to, the odds of you forgetting to ask something before you walk out the door are incredibly high.  Make especially sure all your questions about your next course of action, costs, and expectations regarding communication are answered. Here are some sample questions to think about:

· How much is this going to cost me?
· How do I make payments if they are required?
· Who will be the contact person in this office that I’ll speak with regularly?
· When should I expect to hear from the contact person next?
· What else do you need me to get you so that you can get started on this?
· What do I need to know about my different options?
· What is the next thing I need to do?

Preparing to meet with an attorney for the first time can be intimidating.  Remember, they are there to work for you.  If you don’t like the person you meet with, you can choose not to be represented by them.  The important thing is that you go into the meeting with a clear head, plenty of time, and are prepared to ask questions and supply your attorney with all the information needed.

Related Links:

• Know what questions to ask your attorney.
• Find an attorney.
• Understand what your responsibilities as a client are.
• Understand your rights as a client.

March is National Ethics Awareness Month.  In the spirit of awareness, I thought I'd talk a little bit about ethics and the law.  Odds are at some point in your life you've heard a joke about lawyers.  The profession has the reputation of being filled with sharks, snakes, and other predators.  However, in truth, attorneys have strict rules about what is and is not appropriate conduct.  In fact, in order to become an attorney you have to pass an ethics test, have a detailed background check, and take continuing education classes on this very topic.

When you have to engage the services of an attorney it can be frightening and intimidating.  The world of legal matters can be so complex that oftentimes it takes somebody with extensive education and experience to even be able to understand and apply the simplest of rules.  However, just because you don't understand the law doesn't mean that you should forego common sense when choosing and working with an attorney.  In fact, if you suspect that your attorney is doing something illegal or unethical, seek out the opinion of another attorney.  Think of it as like getting a second opinion from a doctor when your first doctor tells you something you don't like.  Sometimes the first person was absolutely correct in what they said or did.  Sometimes they are not.  Here are a few things that should definitely raise a red flag.

Your attorney is representing more than one person involved in the case.  This is a no-no.  Attorneys are supposed to represent their client to the best of their ability.  Even if you have similar goals as the other person, that might not always be the case and your attorney might end up in the position of having to favor one of you over another.  This is why multiple defendants for the same crime can have separate attorneys.  That way if guy A wants to turn witness against his buddy guy B in exchange for a lighter sentence, then his attorney can help him do that without disadvantaging another client.  Each attorney works for their own client. 

Your attorney doesn't tell you all your options.  This is also a huge problem.  Your attorney should provide you with all the facts and all the choices so that you can make an informed decision.  The last thing you want to do is lose a court case only to find out the other side had offered to settle beforehand and your attorney turned down the offer without telling you.

Your attorney doesn't keep in contact with you.  As with many things in life there is no hard and fast rule about this one, but rather an idea that something must be reasonable.  A delay in communication from your attorney must be such that another member of his profession could have easily done the same thing.  If you call your attorney give him a couple of days to call you back.  He might be in court and unavailable, or his schedule could be packed solid, or there could be a more personal reason such as illness.  However, if your attorney repeatedly fails to return your phone calls you could have a serious problem on your hands.  Attorneys are obligated to keep open lines of communication with their clients and to keep them notified of what is going on in their case.

Your attorney can't explain where your money has gone.  Attorneys need to keep detailed accounts of money that you have given them whether it's in payment for services already rendered or payment against future services.  If they can't give you a clear accounting, or there seems something strange about what they are doing, consider consulting another attorney.

Your attorney mishandles your case.  Just like with doctors, lawyers have to be concerned with malpractice.  Also as with doctors, you have to be able to prove that what your attorney did goes against what a normal attorney would have done.  Oftentimes the result is obvious.  Attorneys are expected to be competent.  Given the many areas of law, most choose to specialize and practice in one or two areas where they can make sure they are up to date on the law and familiar with standard practices.  Straying outside of that puts them at risk for making costly mistakes.  For example, if your friend's cousin handles business law but represents you at a murder trial, the odds are he is not competent in that area.  Of course, even if you had an attorney with 30-years experience representing people accused of murder, your attorney might completely drop the ball in your case.  Again, seek out a second opinion if you think your attorney mishandled your case.

While this is not an all-inclusive list, it should give you an idea of the kinds of things to watch out for.  You hire an attorney to help you navigate a legal issue but that doesn't mean you can blindly assume everything is okay.  You are still the person ultimately responsible.  If someone has to pay a huge fine or go to jail, it's going to be you and not your attorney.  Be a little proactive.  If you don't understand something, ask for an explanation.  If your attorney has violated the rules of ethics, report him to his bar association.  Remember, your attorney works for you, you don't work for your attorney!

Related Links:

• Find out how to report an attorney for ethics violations.
• Get the facts about replacing an attorney.
• Know what to do if your attorney's behavior is negligent.
• Get help selecting a lawyer.
• Know what you need to do before meeting your lawyer.

When you need an attorney, the first thing you need to know is how to choose one.  The process can be confusing, and you may not know what to look for or what questions to ask.  Here are some questions that might make the process easier.

Area of Practice?  You wouldn't ask your dermatologist about a problem you’re having with your eyes.  It's the same with lawyers. The lawyer who handled your friend's divorce is probably not going to be able to help you when you experience workplace discrimination or need someone to defend you in a criminal trial.  Lawyers specialize in particular areas of law, so figuring out what type of lawyer you need and then searching by that type is the first step in selecting a lawyer.

Good Standing?  Whatever you do, make sure the attorney you choose is in good standing and hasn't had any disciplinary action from his or her state bar.  Each state's bar association website has a place where you can look up attorneys and get this information up front.

Experience or Enthusiasm?  Deciding whether to choose an attorney who has been practicing for years or one who is relatively fresh out of law school is a big decision and depends on what you are looking for.  An attorney with years of experience will have seen most variations on your particular problem and be ready with contingencies.  However, an attorney with less experience might be willing to go the extra mile to keep your business, find you every possible solution, and gain a reputation.  The question is, do you want someone who's seen it all or someone who's hungry and might be willing to take more risks or think a little farther outside the box?  The answer will depend not only on which you value more highly, but also on what kind of case you have.  If you're being prosecuted for a serious crime, obviously you're going to want someone with a strong criminal defense track record.  However, if you're suing someone for medical malpractice, an attorney who needs to make a name for him- or herself and enough money to keep the practice alive could be a lot more aggressive on your behalf or might even risk taking a case a more experienced practitioner would shy away from.

Firm or Single Practitioner?    This can be an important issue.  Having the extensive resources of a firm can be an advantage, but if you need to feel like you're dealing with the same couple of people throughout the process, this might not be for you.  If in doubt check out an attorney that works for a large firm and one who works for himself and ask questions about the process, including who will be handling different aspects of your case and who you will be in contact with frequently.  There are pros and cons to both, but ultimately your personal comfort will likely be the deciding factor.

What About the Money?  When choosing to work with a lawyer, find out up front what the fees are going to be.  Ask whether you will be charged a flat rate or billed per hour.  Depending on the type of case you have, will the lawyer take it on a contingency basis, where he or she gets paid only when (and if) you do?  Be as clear on this issue as possible because it will save a lot of grief in the long run.  If an attorney doesn't want to discuss this question with you honestly, find a different one who will.

Finding a good attorney is as important as finding a good doctor.  You need an attorney who will work with you, answer your questions, and respond promptly.  Don't be afraid to visit a few in your search.  Think about it like going to a dealership and test driving a couple of different cars.  Don't be afraid to ask questions.  Also, remember that being comfortable with an attorney is important.  He or she might be highly recommended, but if you don't feel at ease, then the relationship is not going to be a pleasant one and the odds that something will go wrong are high.  Be honest about your needs and share them upfront with the attorneys you interview.  Then choose the one you feel can best represent you.

Related Links:

• Find a lawyer with lawyers.com.
• Find out what questions you should ask a lawyer.
• Find out what the different areas of legal practice are, from Admiralty Law to Zoning and Land Use.
• Look up a lawyer on your state's bar association website.