The Law and You: Six questions to ask before engaging a lawyer
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Selecting a lawyer is more than letting your fingers walk through the Yellow Pages, or searching online.
To engage the best lawyer, it’s important to ask questions upfront. Watts McCray encourages you to ask these six questions at a minimum.
Why is this important? You want to be represented to the highest standard and not all lawyers have the same skills or expertise. Also, you want a ‘personality fit’ so you’re comfortable and confident with the relationship.
1. Are you an accredited specialist in your field?
When you engage an Accredited Specialist you’re working with a lawyer recognised by the legal profession as someone standing out in their field. This is someone with a minimum five years’ experience as a practising lawyer whose work has been rigorously assessed. This involves independent industry leaders in the field assessing the lawyer’s written work, a ‘mock file’ involving complex legal issues, and client interviewing skills.
The lawyer must complete an extensive exam and demonstrate through references that they are supported by others in the legal profession.
2. How many lawyers work in your firm?
You want continuity of service and a firm that is there for you.
It’s best to select a firm with more than one lawyer, and preferably more than one working in the area you need help with. You want someone to be there if your lawyer is sick, on leave, moves or retires. And you don’t want to have to rely on a lawyer who doesn’t specialise in what you need. You wouldn’t ask a heart surgeon to do brain surgery. The same applies to lawyers. With divorce matter, for example, there’s no point in being represented by a lawyer specialising in commercial law.
3. What’s your fee structure?
Watts McCray is transparent. We let clients know about our fee structure upfront and operate in a ‘no surprise’ environment. Many clients don’t realise that law firms are required to disclose their fees upfront.
Different types of law have different fee structures.
Start by asking if the firm charges for an initial appointment—some do and some don’t.
Ask how fees for ongoing work are structured. Do they vary depending on the type of work and who handles it or are the fees set? Some firms charge a lower rate for the legwork a paralegal completes while others charge for this at a higher lawyer’s hourly rate. Some firms charge a flat rate for some services and others an hourly rate. With flat rates there could be incentive to work as fast as possible to get the job done, with quality compromised. At Watts McCray we believe, for family law work, that an hourly rate is best so you’re only charged for exactly what we do and at the rate appropriate for the level of expertise required for the job.
Ask about invoice timing—when your matter is finished or with progress payments. Ask about how long you have to pay.
4. Should I just choose the cheapest rate I can find?
When assessing hourly rates and fees, remember that cheaper rates do not mean lawyers are not good and expensive rates do not mean lawyers are the best in the game. Consider factors such as experience, whether the lawyer is the ‘right fit’, and the complexity and urgency of your case.
5. Should I get a referral from others when choosing a lawyer?
Many do. Only rely on referrals from those you trust and who know you well such as a colleague, good friend or family member.
6. Is it worth visiting the firm’s website?
Definitely. An indication of a firm’s stability and investment in its future is its website. Is it easy to navigate? Is the information relevant and easy to understand? How does the firm communicate—phone, email, other—and does this suite the way you want to communicate?
TIP
Before calling a legal firm, review the questions to ask so you’re organised. If talking to more than one firm, ask each the same questions so you can compare ‘apples with apples’.
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