Choosing and Working with Your Lawyer
When Do You Need a Lawyer?
Where Should You Look for a Lawyer?
What Should You Ask a Lawyer?
What Is Board Certification?
How Are Lawyers Paid?
How Do You Work With Your Lawyer?
What If You Have a Problem With Your Lawyer?
Other Services
WHEN DO YOU NEED LEGAL HELP?
Timely legal advice can resolve problems or prevent problems from occurring. For
example, a lawyer can assist when starting a business or signing a contract that
will have a major financial impact. Generally, you will need a lawyer when being
sued or charged with a crime.
Consider hiring a lawyer:
- Before you sign a contract with a major financial impact on you,
- When starting a business or forming a corporation, partnership or limited liability
company,
- Before you buy or sell real estate,
- If you are involved in an accident resulting in injury to one or more persons or
damage to property,
- When you need to have a will or trust drafted or plan your estate,
- If you are involved in a divorce, domestic relations issue or an adoption,
- If you are arrested and charged with a crime,
- If you have a lawsuit filed against you or you wish to file a lawsuit against someone
else.
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WHERE SHOULD I LOOK FOR A LAWYER?
There are many sources of information to help you find a lawyer. Before you begin
your search, remember you are hiring a professional. You should use the same care
and effort you would use when hiring a doctor, accountant, or other licensed professional.
Here are some of the ways to look for a lawyer:
Lawyer Referral Services
Some local and county bar associations offer lawyer referral services. The primary
function of the Lawyer Referral Service is to pre-screen lawyers in your community
in order to assist you in getting you to the right type of attorney for your legal
needs. We will help in taking the guesswork out of finding an attorney. LRS is a
non-profit public service of the Austin Bar Association.
The attorneys who participate with the Lawyer Referral Service are in good standing
with the State Bar of Texas and most are members of a local bar association. Most
of the attorneys have been in practice 10 years or more. Clients referred through
the Lawyer Referral Service can meet with an attorney for an initial ½ hour
consultation for a nominal fee. LRS staff will listen to a description of your legal
issue and then refer you to an appropriate attorney who has indicated an interest
and experience in handling your particular type of legal case or to another agency
that might address your needs. If the lawyer cannot handle your problem, you may
request another referral from the referral service.
The Lawyer Referral Service of Central Texas was the first referral service in the
country to be nationally recognized by the American Bar Association for excellence
in public service.
Personal References
Your friends, co-workers, neighbors or professionals in your community may know
of a lawyer with experience in cases similar to yours. Ask if they were pleased
with the way the lawyer handled their problem. Was the result satisfactory to them?
Advertisements
Most lawyers list their names and telephone numbers in the yellow pages of the telephone
book. Some lawyers advertise in the yellow pages or newspaper, and on radio and
television. Before contacting a lawyer based on an advertisement, save a copy of
the ad or take notes in its content if it is a radio or television advertisement.
Do not take lawyer advertisements literally. Evaluate the information in the advertisement.
Ask the lawyer about the services advertised. What do the services involve? Ask
the lawyer for references and check them. (Lawyers may hesitate to provide the names
of former clients as references because clients expect their legal matters to remain
private. If the attorney cites attorney-client confidentiality as the reason they
cannot provide references, ask the attorney to provide the names of other attorneys
or court reporters as references.)
The Texas Supreme Court and the State Bar of Texas have enacted rules that requires
attorneys to provide more specific information about the successes that they advertise.
Firms must identify the attorneys involved in the court cases and the actual amounts
received by the clients.
Reduced or Free Legal Services
If you are unable to afford a lawyer, and meet strict income requirements, you may
qualify for free legal assistance in civil cases (no criminal matters), depending
on your income and the type of legal problem you have. Texas RioGrande Legal Aid
(telephone 447-7707 or 1-888-988-9996) services the Central Texas area. The types
of cases handled by legal services lawyer include: domestic relations, housing,
access to government benefits and employment discrimination.
In collaboration with Legal Aid, Volunteer Legal Services of Central Texas offers
evening legal advice clinics (no criminal or immigration matters) using volunteer
attorneys to assist persons with civil legal problems. During its 20 years of service,
volunteer attorneys, judges, and paralegals have helped thousands of clients, donating
tens of thousands of hours of time and millions of dollars worth of free legal assistance.
Evening clinics are 6:00 p.m. on Monday evenings at Martin Junior High School, 1601
Haskell St., Austin Texas and Wednesday evenings at Webb Middle School, 601 E. St.
Johns, Austin Texas. Please arrive before 7:00 p.m. to get served.
Match Program
The Lawyer Referral Service of Central Texas has established the Match Program for
clients who have limited resources but do not qualify for free legal services. Attorneys
who participate in the Match Program handle family law matters, prepare simple wills,
and assist with guardianship cases at a reduced hour rate. LRS staff must screen
clients for financial eligibility.
Pre-Paid Legal Insurance
Some employers and unions offer group pre-paid legal services. These programs provide
legal services, such as free consultation and advice (with prescribed fees for follow-up
services) in exchange for regular payments from group members. All programs urge
the clients to seek legal help early, so that potential problems can be resolved
before they become more complex.
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WHAT SHOULD YOU ASK A LAWYER?
Before hiring a lawyer, consider interviewing several lawyers. Write down the information
you receive from these interviews. You may want to ask the following questions:
* Will you have to pay for the interview?
* What are the lawyer’s qualifications and experience relevant to your case?
* Has the lawyer handled a problem similar to yours? What was the result?
* Will the lawyer personally work on your case? If not, who will be working on it,
lawyers or legal assistants or both?
* What are the lawyer’s fees? Will they be changed while representing you?
* What are the services that will be rendered for those fees?
* What other expenses are likely to be incurred, if any?
* What payment options are available?
* How frequently will the lawyer bill you?
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WHAT IS BOARD CERTIFICATION?
Board Certification is a voluntary designation program for attorneys and legal assistants.
Initial certification is valid for a period of five years. To remain certified,
an attorney must apply for recertification every five years and meet substantial
involvement, peer review and continuing legal education requirements for the specialty
area.
To become Board Certified in a specialty area, an attorney must have:
- Been licensed to practice law for at least five years,
- Devoted a required percentage of practice to a specialty area for at least three
years,
- Handled a wide variety of matters in the area to demonstrate experience and involvement,
- Attended continuing education seminars regularly to keep legal training up to date,
- Been evaluated by fellow lawyers and judges, and
- Passed a 6-hour written examination.
The specialty areas are: Administrative, Civil Appellate, Business Bankruptcy, Consumer
Bankruptcy, Criminal, Consumer and Commercial, Civil Trial, Estate Planning and
Probate, Family, Health, Immigration and Nationality, Juvenile, Labor and Employment,
Oil, Gas and Mineral, Personal Injury Trial, Commercial Real Estate, Residential
Real Estate, Farm and Ranch Real Estate, Tax, and Worker's Compensation.
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HOW ARE LAWYERS PAID?
There are several types of fee arrangements. The fee arrangement will depend on
the type of case, the amount of research, or court time involved, and the length
of time it will likely take to resolve the matter. The Rules of Professional Conduct
in Texas generally require a lawyer who is retained by a new client to provide in
writing to the client the basis or rate of the fee and the scope of the matter to
be undertaken. Here are some of the most common fee arrangements:
Fixed Fee
This type of charge is commonly used for routine legal matters, such as a routine
real estate closing or a simple will. Be sure when you agree to a fixed fee that
you are told in advance what services you will receive for the fee. Also ask what
is not covered that could result in additional expenses for you.
Hourly Rate
A lawyer sometimes bases the fee on a fixed dollar amount for each hour or part
of an hour spent working on your legal matter. Hourly rates can vary, depending
on the lawyer. Ask your lawyer about the hourly rate and ask for an estimate of
how many hours will be spent on your behalf. Ask if other attorneys or employees
at the firm will be spending time on your case and at what rate you will be billed
for their time.
Retainer Fees
Businesses and some individuals employ a lawyer on a retainer basis. This means
the lawyer accepts a down payment toward a fee for legal services. In exchange for
the retainer, the lawyer will be available to work for you on any agreed upon legal
matter that may require his or her services. You may have to pay additional costs
for services involving extra time and effort by your lawyer. Your lawyer should
explain the particulars of your retainer agreement to you in advance, since there
are several different types of retainer agreements.
Contingency Fee
This type of chare is commonly used in accident cases involving personal injury,
when you are suing somebody for money. The fee is contingent upon the lawyer obtaining
a monetary award or settlement for you. The lawyer is entitled to a certain percentage
of the money if you win or settle out of court. If you loose, the lawyer does not
generally receive a fee. Be aware when you agree to a contingency fee arrangement
that you are usually responsible for paying any court costs and other litigation
expenses, like the cost of expert witnesses, whether you win or settle out of court.
These costs and litigation expenses may be deducted from the monetary award you
receive. Make sure you know in advance the lawyer’s percentage of the award
or settlement and whether the lawyer’s fee will be paid before or after court
and other costs are deducted. A lawyer is required to give you a written copy of
a contingency fee agreement. Contingency fees are not permitted when representing
a defendant in a criminal case or in a client in a domestic relations matter involving
divorce, alimony or support (or a property settlement in place of alimony or support).
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HOW DO YOU WORK WITH YOUR LAWYER?
When you have selected a lawyer, you should take certain steps to ensure a smooth
working relationship and avoid unnecessary costs and effort. As a client, you should:
- Tell the truth and disclose all known facts about your legal matter, even those
facts that you think are damaging to your case. A lawyer cannot effectively represent
you unless you relate all of the facts involved in your case.
- Bring copies of all documents, letters and other correspondence relating to your
legal matter when you meet with your lawyer. Provide your lawyer with a list of
all names, addresses, and telephone numbers of persons involved in the case. These
steps will avoid unnecessary delays.
- Ask your lawyer to assess the strengths and weaknesses of your case. Ask your lawyer
what outcome, or outcomes, you can reasonably expect from your case.
- Take your lawyers’ advice seriously. Your lawyer is a professional. If you
do not have confidence in your lawyer’s ability to make sound legal decisions
about your case, you should probably seek a different lawyer.
- Keep your lawyer fully informed about new developments in your case. Save all documents
relating to your case and provide copies to your lawyer on a timely basis. Do not
let your lawyer be surprised later by a disclosure you should have made earlier.
- Ask your lawyer to keep you fully informed about new developments relating to your
case. Request that copies of all documents and correspondence prepared on your behalf
by your lawyer be sent to you.
- If you do not understand something that your lawyer says, ask for an explanation.
Ask until the answer makes sense. Let the attorney know if you don’t understand.
- Do not sign any agreement until you fully understand its provisions.
Your lawyer, in turn, should take certain steps to ensure a smooth working relationship
with you and to affect the best possible result for your legal matter. Your lawyer
should:
- Disclose to you in a timely fashion any new developments relating to your legal
matter and how those developments might be handled.
- Return all phone calls made by you in a reasonable time frame, or have a staff member
update you.
- Keep you fully informed about the impact of any actions that are contemplated.
- Furnish you with a written fee agreement (required by the Rules of Professional
Conduct) and disclose to you in a timely fashion any unanticipated costs relating
to your legal matter.
- Bill you periodically and promptly for fees paid and services rendered.
- Understand your goals and expectations for resolving the matter. Discuss these goals
and expectations to ensure they are reasonable.
- Listen to you and be attentive to your concerns.
Not all problems have a fast, cheap, or smooth resolution. Even if you, as the client,
are being reasonable, your adversary may not be cooperative in bringing your case
to an easy and inexpensive conclusion. Some of these factors may be out of your
attorney’s control.
If your lawyer makes an unsolicited offer to entice you into investing money, and
if that offer is outside of the scope of the services for which you have sought
legal advice, you should decline this offer. Such conduct is not within the scope
of the attorney-client relationship.
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WHAT IF YOU HAVE A PROBLEM WITH YOUR LAWYER?
If you have a problem with a lawyer referred by the Lawyer Referral Service, please
call our office for assistance.
Some problems between lawyers and clients are the result of misunderstandings or
a lack of communication. If you believe you have a problem with your lawyer, consider
talking it over with the lawyer. The lawyer may be unaware of the problem and, after
a discussion, you may be able to come to a mutually acceptable solution. If the
lawyer is unwilling to talk to you, write a letter expressing the problem and ask
for a response from your lawyer. If your lawyer does not respond, call their office
to ask for an appointment so concerns can be addressed in person. If these steps
are not effective, consider hiring another lawyer. Ask that your files be sent to
your new lawyer.
If you are unable to resolve the disagreement over fees, you can the fee dispute
center at your local bar association.
If you wish to file a grievance against the attorney, contact the State Bar of Texas
at www.texasbar.com. Cases are either accepted into the grievance process or are
dismissed. Dismissed cases are referred to the Client Attorney Assistance Program
for voluntary mediation and dispute resolution.
If you believe your lawyer has acted unethically, talk to the lawyer. If the lawyer
is unwilling to talk or meet with you, contact the State Bar of Texas at 800-932-1900.
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OTHER SERVICES
United Way 211 Texas
Need help or information? Know someone who needs help? Dial 2-1-1 or search the 2-1-1 Texas database
(or dial 512-973-9203, press option 2).
- Information about services in our community offered by nonprofit organizations and
government agencies
- Multilingual, free and confidential
- Available 24 hours a day, seven days a week
- Serves Bastrop, Blanco, Burnet, Caldwell, Fayette, Hays, Lee, Llano, Travis, and
Williamson counties
- 2-1-1 Texas is a public/private partnership of the United Way in Central Texas and
the Texas Health and Human Services Commission
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