Hire Your Lawyer <i> Before </i> You Need One

Most people retain a lawyer when they have a specific need for one. The better time might be before the need arises.

If you just moved into a new city, you would not wait for an emergency to select a personal physician. To a somewhat lesser degree, the same may be true for a lawyer.

The lawyer-client relationship may be as important as the law itself. Often the lawyer and client will work closely together, so personalities may be an issue in the selection. You’ll find you have to give your lawyer all sorts of confidential information, and it is best to select someone with whom you feel comfortable.

Of course, there are emergency situations in which you may need a lawyer. Most civil lawyers probably don’t receive 2 a.m. phone calls from jail, but it can happen.

In fact, one of us received such a call. The person on the other end of the call was in jail. The police had an arrest warrant because of an alleged failure to pay a traffic ticket or two. It turned out to be a case of mistaken identity. But it sure was nice for the client to have a familiar lawyer to call.

Even if you never need a lawyer to get you out of jail, it is wise to select one in advance, so you can consult someone you know and trust when necessary. Chances are the lawyer you select will not be an “everything” lawyer--most specialize. But the lawyer can be your primary one, who can help you with most legal matters and direct you to others for specialized service.

How do you find your primary lawyer?

Interview two or three candidates. Most business enterprises considering hiring a lawyer will do so, and so should you. Get the names of a few lawyers after talking with friends, your bankers, your employer, others who have used a lawyer recently and other professional advisers. Then phone the lawyer for an appointment and say that you just want to talk about the possibility of selecting the lawyer as your personal primary lawyer.

Don’t be surprised if the lawyer seems to find this request unusual.

Tell the lawyer you are interviewing two or three to select someone you can use if and when the need arises. Ask about his or her background and experience. What sort of practice does he have, what kinds of cases does he regularly handle, does he do wills and probate, handle auto accident claims, workers compensation or landlord-tenant disputes. Does the lawyer often form partnerships, do the legal work to start corporations, handle immigration matters or defend criminal cases.

And then consider what legal services you may need in the future. Do you rent? Own property? Want to start a business?

You’ll want to know if the lawyer is experienced in arbitration and mediation and whether he works as a solo practitioner or is part of a larger firm.

You should be prepared to answer questions about yourself, your financial situation, your family and other issues. In the end, you’ll want to select someone you feel comfortable with.

You might also check the Martindale-Hubbell Legal directory, which is in a few selected libraries, including the L.A. County law library. It provides biographies submitted by lawyers.

This process doesn’t have to cost a lot of money. Many lawyers will meet you at no charge, part of the “marketing” activity some lawyers use to build their clientele.

Finding a lawyer when you do not need one gives you and the lawyer the chance to meet and learn about each other without the pressure that might otherwise exist. Try it. Perhaps you and the lawyer might like it.