What to Do Before Hiring a Lawyer

Even most lawyers agree that consumers don’t know enough about the lawyering process. In fact, the State Bar of California is considering a proposal to “distribute educational materials to the public to provide clients and potential clients information and methods to assess and monitor lawyering performance.”

The State Bar already publishes a series of free consumer information pamphlets with such titles as “How Can I Find and Hire the Right Lawyer?” “What Can I Do If My Lawyer’s Bill Seems Too High?” and “What Can I Do If I Have a Problem With My Lawyer?” (Write State Bar Pamphlets, 144 Townsend St., San Francisco, Calif. 94107.)

The current proposal, submitted by the California Consortium on Competence (a group of lawyers and non-lawyers created by the State Bar to develop recommendations to improve the competence of lawyers), suggests that future pamphlets focus on questions a client can use to “understand the function of lawyers and explore the competence of any particular lawyer.”

Although the proposal is still in draft form, it includes questions that anyone seeking legal advice could--and should--use on the first visit to a lawyer’s office:

* Have you handled matters of this sort before? How many?

* What estimate can you now give me as to the length of time it will take to complete the engagement?

* To what extent will you inform me as to the case or matter as it proceeds?

* Will you be the only lawyer in your office who handles this matter? If not, who else?

* What decisions will you require me to make as the matter proceeds?

* What are the consequences if you are not successful in accomplishing the engagement? For example, in a dispute situation, if I lose will I incur additional expense?

* If you are not available from time to time--engaged in a trial, for instance--is there someone else in your office who can respond to any questions I may have?

* May I change lawyers at some future time? If so, at what cost or effect?

* How well do you know the lawyers on the other side of the case or matter?

These are all good questions to ask. And it would be useful to distribute this kind of information to consumers.

If you do need a lawyer, you should interview several candidates and then compare the responses. But be forewarned. Law is not a science. It is not cut and dried or black and white. There are countless shades of gray in any legal analysis. So you shouldn’t expect guarantees or promises, but you can demand reasonable, in-depth answers, even though there may be ambiguities in the responses.

And if you do retain a lawyer, be sure to get an agreement in writing covering the key points of your discussion and any significant issues that were mentioned.