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BBB Tip: Hiring a lawyer

By Better Business Bureau. October 29, 2024.

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There are many life situations where you may find yourself wanting a lawyer: filing a lawsuit, writing a will, or starting a business. You may also need help if you are going through a divorce, hurt in an accident, or arrested. Here are some tips to help you find the right lawyer for the job.

Ask for recommendations. Start by asking friends, family members, and coworkers for suggestions. Many lawyers specialize in specific areas, so talk to people who have similar legal needs. Often, attorneys have one or more specialties, and you want to make sure they have experience in your type of case. The attorney who did a terrific job with your friend's divorce may not have the expertise to take on your auto accident injury matter. You can also search your state and local bar associations or the Canadian Bar Association for lawyers with specific expertise. Look up business profiles on bbb.org to read complaints and reviews.

Consider the size of the firm. Law firms can range from a single lawyer to a team of hundreds. Smaller firms can offer a personal one-on-one relationship, while larger firms usually handle bigger cases involving government and public companies. Larger firms may have greater resources to support their work.

Schedule a consultation. Find out ahead of time if there is a charge for a consultation. If you can, meet with more than one lawyer before choosing who to hire. Your goal is to find an attorney with whom you are comfortable. Your case may involve very personal information and your attorney will often need to know many confidential details about you or your business. Provide a clear summary and bring any documents or materials that may help the lawyer understand your situation. Interview the lawyer about their training and experience. Make sure you understand the fee arrangement, including hourly fees, expenses, billing, and payments.

Questions to ask:

  • What type of experience do you have with similar cases? What were the outcomes of those cases?
  • How will I contact you throughout the process? How often will you update me about the case? Who else will work on my case?
  • Can you estimate a timeframe for resolution? What are the chances of success?
  • Can you provide a preliminary outline for how you would handle the case?
  • Do you have malpractice insurance?

Understand the costs. Some lawyers will provide you with the cost before taking your case, while others will provide costs shortly after. Ask for costs and fees to be broken down in writing. The three main methods for compensating a lawyer are contingency fee, established/flat fee, or hourly rate. 

  • The contingency fee method compensates the lawyer by giving them a percentage of any money you receive from the case. The percentage should correspond with the amount of time and effort that is required of the lawyer. The size of the contingency fee is always negotiable but check with your state’s bar association, as there may be rules on maximum contingency fees.
  • An established or flat fee is a set fee lawyers charge to perform a certain service, like preparing a will.
  • The most common method is to charge an hourly rate. Lawyers have a set rate they charge for each hour spent working on the case. Hourly rates may depend on the lawyer’s experience, so a more experienced lawyer may charge a higher hourly rate but complete the work more quickly. Before the lawyer starts working, get an estimate in writing for the number of hours the case will require.  

Some lawyers will ask for a retainer upfront. This is used as a down payment on expenses and fees. Make sure you keep track of how the money is spent and when you will need to pay more.

Get the agreement in writing. Make sure the lawyer draws up an agreement stating all terms and details of the case and your client relationship. Before signing the agreement, read it thoroughly and ask questions if there is any confusion. Save a copy of the agreement and other important documents, especially if you give the original documents to the lawyer. Understand that if you are unhappy with your lawyer’s services, you have the right to fire him or her at any time. Lawyers are subject to strict professional conduct rules, and if you are unable to come to a resolution over services with your lawyer, consider filing a complaint with the BBB and your state bar association in the United States or with the Law Society in your Canadian province or territory.