Three Considerations in Hiring an Attorney

By: Laura C. Tharney, Esq.

Need: An attorney can provide valuable assistance in many situations. However, if your legal rights seem clear and the amount in controversy is less than $2,000, it may be appropriate to pursue your own claim. Caution: this may not be true in matters involving criminal charges or motor vehicle violations-either poses the danger of far-reaching, long-term consequences that may warrant the expense of an attorney.

Type: Attorneys in both large and small firms can provide high quality service, and technology increases the information and tools at their disposal. Attorneys can be located through recommendations, referrals from the county bar association, the New Jersey Lawyers Diary and Manual, Martindale-Hubbel, or on the Internet.

You should assess whether an attorney is capable of handling your case. They should sound knowledgeable; offering suggestions and asking questions about your matter. Ask about their level of experience, how many similar cases they have handled in the past, and the outcomes of those cases.

After hiring the attorney, expect to receive a written retainer agreement, describing the matter, the work to be done, and the fee.

Cost: Ask about fees early in your dealings with an attorney. Charges based on an hourly rate are the most common form of attorney billing. Ask whether rates vary for the different people working on your file (partner, associate attorney, paralegal, etc.) or for different services: some attorneys charge less for travel time than for time spent in court, for example. The attorney may be willing to discuss a fee "cap" or "not-to exceed" figure.

Another option is the "contingent fee" in which the attorney only receives a fee for successfully recovering funds for you (personal injury matters, malpractice claims, and collection matters are frequently handled this way). You should be aware that you would generally be responsible for the costs of suit even if you are not successful in your claim.

Another useful alternative is the flat or fixed fee: no matter how much time is spent on your work, the fee will be the same. This type of fee is often applied to the preparation or review of documents.

Your relationship with your attorney should be a comfortable partnership. Ask for all the information that you need to make the necessary decisions.