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Choosing An Attorney
by Andrew H. Sargent, MbA, JD

Your Relationship with your Attorney
Choosing an attorney can be confusing and frustrating. Always remember that your attorney works for you. This does not mean that you should not listen to what your attorney says but it means he must listen to what you say. You are the client – he/she may only advise - he may not make the decision for you. He has an ethical duty to put your interest ahead of his own. Thus, the first rule in choosing an attorney is - Remember - You are the boss!

What criteria should you use?
You should always hire the best qualified person for the job. This means you must know what it is you want to accomplish. Are you getting a divorce? Were you hurt in an accident? Are you looking for a criminal defense lawyer? Will he draft documents and contracts which you will use in your business? Are you planning to take your company public? Are you hiring a business advisor? Do you want to protect an idea? because one individual can not master all areas most attorneys tend to handle certain types of matters. Once you have an understanding of what it is you want to accomplish then you need to find an attorney that is the best qualified to handle the matter.

What does being licensed really mean?
You must pass the state bar exam in order to practice law. Each state is different, each has its own exam. being licensed in one state does not entitle you to practice law in another state. Passing a state's bar means you have demonstrated that you possess a minimum level of knowledge and are authorized to represent clients before the courts of that state.
Your attorney must be licensed or he or she cannot be practicing. He should be willing to furnish you with his state bar number. You can check with the state bar to verify that he is licensed and in some states even find out if he has been disciplined for past misconduct. Merely being licensed however will not assure you that he is the best attorney for you or your matter.

Experience - both legal and other
Ask the attorney what his background and experience is. Has he ever handled the type of matter you at thinking about retaining him to handle? Note that the bar Ethical Rules (for California and Washington at least) do not require an attorney to be experienced in or qualified to handle a matter. As long as the attorney is capable and willing to gain any special skills or knowledge he may accept a case. The second rule of selecting an attorney is to "Ask about his background and experience." Ask about non-law experience too. Most attorneys have had a life outside of law school. The most important experience relating to your matter may not be law or even law related. (This is why doctors make excellent medical malpractice attorneys.)

Large Firm vs. Individual Practitioner
Since most attorneys tend to specialize and handle certain types of matters they find they can not provide all services that clients may require. Therefore an attorney will only have two choices - work with a large firm and refer within the firm or develop a list of other attorneys that you can refer your clients to for matters you do not handle. From a clients point of view the decision is a matter of personal choice.

Large firms
Advantages - One stop shopping, generally good in-house expertise, can handle almost anything.
Disadvantages - Firm may lack understanding of you and your business. May be more expensive. Tend to have excellent billing systems so you will pay for each copy and call. Will generally expect prompt payment of bills. May or may not accept contingency cases.

Small Firm
Advantages - you will be important - more likely to take time to fully understand you and your needs, may have lower hourly rates, may be less expensive, less likely to bill per copy page, more likely to take contingency.
Disadvantages - limited expertise, may hit time constraints when doing trials, you may need to work with more than one office to handle all matters.

How to find an attorney
Talk to people you know. Ask about their experience. Check with the local bar association. Many times they have a referral program. Look in the yellow pages. Call one of the many 800 attorney referral numbers working nation wide. (They charge the attorney to list him and may even get a percentage of the fees so they may not be a neutral source.) Regardless of how you find the name and number you still must make the decision.

Remember the rules - You are the boss. Decide what you want to accomplish. Ask about background and experience. Interview the attorney. Decide if you are comfortable and trust the attorney. You will have to work with him - Make a decision and then hope for a good outcome.