Frequently Asked Questions: Selecting an Attorney

What is a lawyer?  Can anyone practice law?

A lawyer is a person specially trained to assist people with their problems and disputes within the confines or the statutes and laws of the land.  How these problems and disputes are treated by the legal system also is influenced by judicial decisions that may not be codified by law.  There are many different areas of practice within the law.  It may be helpful to find an attorney who practices and has experience and understanding of your particular type of problem.

To qualify to practice, attorneys must first complete three years of law school education, pass an extensive examination and be licensed by the state in which they practice.  Most, but not all, licensed attorneys also belong to their local and/or state bar association.  To see if an attorney is a member the Minnesota State Bar Association, check here:
http://smtp.statebar.gen.mn.us/search/search.asp

How do I find the right attorney?

There are many factors that will determine which attorney is right for you.  Here are some tips on how to find the right one: 

Ask a friend or other trusted individual to recommend someone, particularly if they have had a similar legal problem.

If you know a lawyer, ask him or her for a recommendation..

The Minnesota State Bar Association maintains a referral service.; Here’s a link to that site:  http://www.mnfindalawyer.com.

Most attorneys will agree to a 30-minute initial consultation at no charge.; Be sure to ask in advance if there is a fee.

In many cases, you'll want to interview more than one attorney.

An initial consultation gives the attorney a chance to determine whether you need an attorney’s services and provides you with the opportunity to ask questions, such as

     How do I like this person

     Does this attorney seem to know what he is talking about?

  1.      Does he/she seem concerned about my problem?
  2.   
  3.      Does this attorney have experience handling my kind of problem or need?

  5. You also may wish to consult an independent peer review organization, such as LexisNexis® Martindale-Hubbell®, which publishes peer review ratings on attorneys from around the United States.  For more information, click here: http://www.martindale.com.

    How much does a lawyer cost?

Cost is an important factor, but not the most important one.  It may make sense to “shop around” based on price for assistance with a routine matter.  For a more complex problem, however, more costly skills and experience may be required. 

Some attorneys charge a flat fee for providing a service; others charge an hourly fee ranging from $200 to $350 per hour. Still others work based on what’s called a “contingency fee” basis.  With a contingency fee, your legal team provides services without cost unless a case is won, at which point the law firm receives an agreed-upon percentage of the recovery.  Today, contingency fees range from 33 percent to 50 percent of the client’s recovery, depending on the complexity and the risk of the case.  It’s important that you are comfortable with the percentage you and your attorney negotiate, and that you and your attorney put this agreement in writing.

Your attorney will explain to you any obligation you may have with respect to the advancement or reimbursement of the actual out-of-pocket expenses that are involved in the proper preparation and processing of your legal claim.  These costs must be paid regardless of the outcome of the case.  Again, you should discuss and agree to these expenses in advance and in writing.

How do personal injury attorneys typically work?

People involved in a personal injury claim or in another civil case may be entitled to recover monetary damages.  In these cases, most lawyers will offer the option of representing you on a contingency fee basis.  That means you won’t pay anything for your lawyer’s professional services if there is no settlement of the case.  In considering whether to accept your case on a contingency basis, the attorney will weigh the potential that there will be a monetary settlement or award from which his or her expenses ultimately will be paid.

What are the benefits of a contingency fee agreement?

A contingent fee plan gives you the opportunity to be represented by the best legal counsel available, especially in circumstances in which you cannot afford to pay for competent legal assistance in advance.  The contingent fee has proven to be an effective means for making the best legal representation available to everyone and can be an equalizer for people whose claim may be against a person or organization with greater financial resources with which to defend themselves.  (Please note:  Contingency fee arrangements are not allowed in divorce cases.)

Should there be an attorney-client agreement in writing?

It’s a good idea.  A written agreement helps avoid misunderstandings and protects all parties.  Be sure to read the contract before you sign it; if you don’t understand a provision, ask your attorney to explain it before you sign.  Make sure the contract states the terms of the agreement and does not contain blank spaces.  And be sure to keep a signed copy for your records.

Can an attorney solicit my business?

Attorneys may advertise their services and, for certain routine matters, the prices they charge.  However, selecting an attorney solely on the basis of an advertisement is ill-advised.

Minnesota state law prohibits any person from soliciting professional employment for an attorney.  Lawyers are specifically prohibited from soliciting employment, either directly or through an agent.  If you receive such a contact, you should immediately notify the local Bar Association or the Minnesota State Bar Association.

What if my attorney and I have a dispute?

First, trying talking to your attorney.  Often, these matters are simply a lack of communication.  If that doesn’t resolve the issue, you may submit the dispute in written form to the local Bar Association or to the Minnesota State Bar Association if the matter cannot be resolved locally.

Helpful Links and Resources

Minnesota State Bar Association:  http://smtp.statebar.gen.mn.us

American Bar Association  :http://www.abanet.org/

American Association of Justice:  http://www.atla.org/index.aspx

Minnesota Association Of Justice:  http://www.mnaj.org/

Lexis Nexis/Martindale Hubble: http://www.lawyers.com/

West Thompson: http://www.findlaw.com/