5 steps to finding a lawyer: starting with the basics will help simplify your search - Consumers and the Law - B.E. Consumer Workbook, part 2

Black Enterprise, August, 1997 by Sandra R. Bell

Starting with the basics will help simplify your search

Finding a good lawyer is just like anything else--you've got to shop around. Most people don't look for a lawyer until a problem arises and they are desperate for one. Lawyers complain that they are brought in not when the problem starts, but later, after suits have been filed or are pending.

The whole idea of hiring a lawyer, however, can be intimidating. As a consumer, you should take the time to consider what you want and find the best lawyer for your time and money. Consider the following points to help you clear up the confusion.

1. Think it through. It's important to determine how you want the matter handled before you meet a lawyer. If you have a complaint against your employer, for example, and don't want to settle, then you must stick to your goal. If the lawyer you consult with is hesitant about pursuing litigation, that's a sign to keep looking for counsel.

"A consumer must be informed of the legal talent and become educated about the process," says Ozell Hudson Jr., president of the Massachusetts Black Lawyers Association. Part of that is knowing what kind of access you want or should expect. Generally, for example, you should have a call returned within 24 hours by the principal attorney. If you can't reach that attorney, ask yourself if you'd be willing to share your story with a junior associate. If so, a larger, more prominent law firm may suit you. However, if you'd rather have someone who will walk through every step of the way, a smaller firm may be better. Lawyers often have different rates for the principal attorney as opposed to associates. It's important to get an estimate of the number of hours the entire matter should take--plus the ultimate ceiling of the cost--before you commit to hiring someone.

2. Get a referral. Word-of-mouth referrals are still the best way to find a lawyer, particularly if he or she has recently completed a case of the same type. While it's still important to check out the lawyer for yourself, networking with friends or other lawyers can provide a good ice-breaker and gives you some credibility. Make sure that referrer has maintained a good rapport or you could be perceived as a "deadbeat" client, as well.

3. Interview the lawyer. When Claire E. Roberts needed a lawyer to handle her divorce case, she started by looking in the Yellow Pages. She had some specifics in mind. For example, she knew she wanted a female lawyer. After looking at several ads, she drew up a list of relevant questions regarding child support, alimony and military spouses and started making phone calls.

"I knew just by the sound of some of their voices that we would not hit it off, but the attorney I finally made an appointment with came off as sincere and interested in helping me as a person," says Roberts, who followed up her phone interview with a face-to-face consultation.

Make sure to take note of the lawyer's library and research capabilities. Is the firm tied into legal databases such as Lexis-Nexis, and does it have its own library? The more access a law firm has to legal precedents, the better it can represent you. Also, find out about any disciplinary problems the lawyer has had by calling the local bar association.

4. Select a specialist. "You need to get someone who has handled that particular issue before," explains Diane Sumpter of DESA Inc., a management consulting firm in Columbia, South Carolina. "While the lawyer you know and have always used may have lower fees than an expert, it will probably take longer and ultimately cost more for the lawyer to educate him- or herself," Sumpter explains.

Specialists can be necessary when dealing with issues that are controversial, such as malpractice, says Mabel Gold Haden of the National Association of Black Women Attorneys. "If it's a case that not all lawyers can do, then you have to find someone who knows the territory and has a track record," she says.

5. Use your resources. Directories such as the Martindale-Hubbell Law Directory can be found in public or law libraries, online or via Lexis-Nexis and CD-ROM. The directory can be used to find lawyers and search by specialty.

Consult your local bar association for a list of all attorneys admitted to practice in a particular locale. The media can be another source. If you read or hear about a lawyer who is handling a similar case, you can follow up with a phone call. Even if that lawyer is too high profile for your needs, their office can probably refer you to someone else.

It's key to meet with the prospective lawyer for an initial consultation. Make it clear when you set up the appointment that you are expecting a free consultation to get to know the attorney. Don't seek legal advice or commit to engaging this lawyer, or you could be billed for your misunderstanding. Make sure you feel comfortable with the person you're dealing with, since it may ultimately turn into an extended period of time. If you don't get a good feeling for the lawyer you've met with, then you'd better continue to shop around.