Perhaps the biggest obstacle you face when looking for the right lawyer is that it is very hard to plan ahead. Even though we all live in what is frequently described as a “litigious” society, most people do not have their own lawyer “on call.” In most circumstances it is unlikely that you will know ahead of time that you are going to need to hire an attorney.
At that moment when you realize you need a lawyer, you are immediately faced with the double whammy of being in the middle of a stressful circumstance requiring legal assistance and not knowing whom to call. Just think about it. You have had a car accident and are injured – the accident was not your fault. You have decided you want a divorce, or your husband or wife has had you served with divorce papers. You, or a family member, are arrested for driving under the influence of alcohol on the way home from that holiday office party. Your teenager is “detained” by the school or police for “questionable” activities that your child describes to you as a “prank” (but you surmise right away that this could escalate into a serious situation).
These are just a few examples, but the point is this – the event that will trigger your initial contact with a lawyer will, very likely, be an unexpected stressful event. It is not an ideal time to be absolutely clueless about what to do next.
Today, we’ll talk about the pros and cons of a couple of possible ways of finding and choosing a lawyer. There is a lot more to talk about on this subject which we will cover in days to come.
A referral from a friend, coworker or family member…
Pros: This is a popular approach, and a recommendation is always a good starting point, assuming that you trust the judgment of the person making the referral. A personal referral also provides some common ground from which to introduce yourself to the prospective law firm. Positive word-of-mouth can be a good reflection on the lawyer and the firm.
Cons: This type of referral is not always based on information that will really help you with your current predicament. Just because your friend, Sally, has an aunt who really liked her lawyer, this has nothing to do with whether or not this is a good lawyer (or, even if it is a good lawyer, it still may not be the right lawyer for you and your problem). What kind of legal problem did Sally’s aunt have? A car accident, a divorce, or a doctor who misdiagnosed her husband’s prostate cancer? Finally, remember that chances are that the person who is making the referral may have been just as uninformed as you when they found the lawyer they are recommending. Is their referral based upon a comparison with anyone else?
Let your fingers do the walking…
Pros: I really can’t think of any! The phone book is a good place to find the phone number or address of a specific lawyer whose name you already know. The yellow pages advertisement may also provide some information about the areas of law that an attorney at least professes to be skilled at. In other words, if you need a divorce lawyer, and a lawyer advertisement states that the law firm does personal injury and wrongful death, you can eliminate them without a phone call.
Cons: Although the lawyers who spend thousands upon thousands of dollars a year to place “informative” advertisements in the yellow pages would like you to think that they are simply assisting you in finding the best representation available, this may not be true. The biggest yellow page ads are purchased by the lawyers who make the most money, and if you knew exactly how they came by their money, you might find that the biggest ad is not necessarily pointing to the best lawyer for the job. We will talk more later about some of the strategies that different types of lawyers use to make money, but suffice it to say that a big expensive advertisement in the phone book does not necessarily equate with quality legal representation.
Now, don’t take this the wrong way, because I can hear the lawyers yelling out there. A big ad doesn’t mean you are going to get a bad lawyer – it is simply important to remember that there are a lot of criteria for selecting a lawyer, and if you limit yourself to what they say about themselves in the phone book, you are not proceeding in your own best interests. If, after you interview an attorney, it seems like their ad was “on the money,” then hire them. After all is said and done, choosing a lawyer is a personal decision. But, it is your decision, not the decision of the people selling yellow pages advertising to the highest bidders!
Well, that was a lot of information and it’s only the tip of the iceberg…
