Whether your legal need is basic or complex, exciting (like starting a business) or scary (like being served with a lawsuit), it is important to be prepared and informed prior to hiring an attorney. Based on my years of legal practice in Texas, below are a few of the things I found helpful for potential clients and new clients to understand.

Find an Attorney that Fits Your Legal Needs

The first step for hiring an attorney is to find an attorney that is capable of handling your legal matter. A key component of such capability is that the attorney is competent in the legal area in which you need help. For example, if you need a will, your attorney should be well-versed in estate planning law, or if you are involved in a lawsuit, you need an attorney familiar with working through lawsuits (i.e. a litigator). Just as you would not go to a dentist for an issue with your foot, you should not go to an attorney that specializes in an area of law that does not cover your legal matter.

An additional consideration for conducting your search for a capable attorney is making sure the attorney’s law firm is the appropriate size for your legal matter. It is easy to make the assumption that the bigger the law firm, the more qualified the attorneys, but that assumption is incorrect. Big law firms can provide many benefits, like man-power, international presence, and extensive resources, but generally, big law firms charge higher fees to support those benefits. It is not necessary to pay for those types of benefits for all legal matters. Many mid-size and boutique law firms as well as solo practitioners can provide excellent legal representation and work product at a much lower cost.

The Initial Meeting

Once you find an attorney you feel is competent to handle your legal matter and you have contacted them, the attorney will want to meet to discuss your legal matter. Depending on the size and complexity of the matter and scheduling, your initial meeting with the attorney may be in person or on a telephone call. During this initial meeting, the attorney will want to hear about your legal matter and the help you are seeking. It is important to discuss any time sensitive issues, the names of any other people or businesses that may be involved, and your expectations of how the legal matter will be completed. From the attorney’s perspective, this initial meeting is an opportunity to determine if he or she is competent in the appropriate areas of law, if he or she is able to handle your matter from a logistics perspective, and how payment will be structured for the legal services. It is important to note that there may be a fee for the initial meeting. If you are concerned about a fee, ask about it before attending the meeting.

The Engagement Letter and Cost of Legal Services

Assuming the initial meeting goes well, the next step for most attorneys is to send you an engagement letter. The engagement letter will outline the details of your relationship with the law firm. You will be expected to review the letter, sign it, and return it to the law firm. The engagement letter is important because it sets the terms of your professional relationship with the law firm and communicates the firm’s expectations.

One of the most important provisions of the engagement letter is the payment provision. This provision answers a common question attorneys receive, “how much will the legal representation cost?” Generally, your legal matter will be billed in one of three ways: (1) flat fee; (2) hourly fee; or (3) contingency fee. There are some variations to these forms of fees, but these three fee structures are most common. Some attorneys may also require a retainer. A retainer is a lump sum payment to the law firm to retain the services of the attorney and will have to be paid prior to the start of the legal representation.

If it is a flat fee payment structure, you should be aware of the total cost of the legal services from the outset. In calculating the flat fee, your attorney will evaluate a variety of factors, including the type of legal matter involved and its complexity. Examples of legal services that are traditionally billed at a flat fee include: drafting of simple wills, drafting of employment agreements, mediation services, and form-based legal services.

If it is a hourly fee payment structure, at the outset you should be aware of the hourly rates of the attorneys and legal professionals involved in your legal representation (ex. Partner Smith’s rate is $500/hr and Associate Brown’s rate is $275/hr) and all other expenses that will be billed to you. However, the total cost of the legal representation will be unknown until the work for your legal matter concludes. Your attorney may make a general estimate of the cost of your legal representation, but it is unlikely he or she will make any guarantees. This is because the total cost of your legal representation can be affected by a variety of factors. Although this uncertainty of cost may be uncomfortable, an hourly fee structure is common practice in the legal industry and your attorney is governed by strict standards compelling him or her to follow ethical billing practices. It is acceptable for you to expect regular (the usual practice is monthly), detailed invoices. The invoices should note the work being performed, which attorney or legal professional was performing that work and for how many hours, and any expenses incurred for that work.

If there is not an engagement letter or a provision in the engagement letter discussing the terms of payment, you should make sure the form of payment is established prior to receiving any legal services from your attorney.

Communication with Your Attorney

The length of time you work with your attorney will depend on the type of legal work you need done. Some legal matters can be completed in a few days, while other legal matters may take months or even years to reach completion. Additionally, some legal matters, like an attorney serving as outside general counsel, do not have a definitive end because the attorney is hired to provide advice and counsel on an on-going basis. Regardless of the length of time you work with your attorney, throughout the legal representation, communication with your attorney should be open and comfortable. You should be well-informed of any developments and able to obtain regular updates and advice as needed. As for your part in assisting your attorney provide the best legal representation, you should timely respond to any requests from your attorney, provide all necessary information and documents, and be forthcoming and honest in all of your communications. If you are not responsive and open with your attorney, it may negatively impact the outcome of your legal matter because your attorney will not be properly informed to make the best decisions for you.

Hiring an attorney can be an intimidating process, but if done right, it can be very rewarding. Take the time to find an attorney that is competent to handle your legal matter, set the parameters of your professional relationship, establish how you will be billed for the legal services at the outset, and communicate. These are just a few of the basics that will help set a strong foundation for working with your attorney and assist with the successful handling of your legal matter.

*The information provided in this article is not and does not constitute legal advice. Readers of this article should contact an attorney to obtain advice for a particular legal matter. *

May 2020