The When, How and What About the Legal Process

This month I am teaming up with Justin Dillmore of Dillmore Law. 

Most people hope to avoid becoming personally involved in a legal proceeding. The legal process – whether a criminal proceeding, a car accident, a contract dispute, or a landlord/tenant issue – is often associated with stress, anxiety, and uncertainty. However, the fact that the law governs virtually everything in our modern-day society makes it nearly impossible for us to make it through our lives without legal issues arising. But there is some good news. You can take steps to ensure that you make informed decisions and protect your rights. 

I (Sheila) thought this topic would be suitable for a blog because many of my clients either tend to catastrophize everything or think in best-case scenarios. Both of these could be more helpful. 

When in Doubt, Consult with an Attorney

 The answer to when to consult with an attorney is a simple one. When in doubt, you should talk to an attorney. In some instances, it might be an easy decision to consult an attorney. For example, you may need a last will and testament and an attorney to draft the document. Other times the question may be challenging. Perhaps you are being treated differently at work and suspect you’re being discriminated against.

 The internet contains massive amounts of information; some is vetted, but most is not. This lack of vetted information can lead to confusion and anxiety about whether you’re getting the correct answer to your situation’s specific facts and circumstances. When searching the internet for medical or legal questions (or any question at all), there needs to be a foolproof way of knowing who’s giving you advice and their respective backgrounds. 

 Consulting an attorney for your legal questions has several benefits. 

• Communicating with an attorney can give you a quick assessment of your legal rights and options. That information can provide you with peace of mind. 
• Attorneys are also licensed and regulated by the Supreme Court of the states where they practice, which means they can also help you rest easy knowing that you’re speaking with someone with the requisite credentials to advise you of the law and how it applies to your unique situation. 

 What do you do now that you’ve decided it’s best to consult with an attorney? Google can be an excellent resource to give you some names of attorneys that practice the type of law (i.e., personal attorney, employment, criminal, etc.) that pertains to your situation. Many people find success in asking trusted friends and family if they have any recommendations for an attorney. 

 Once you have the attorney’s contact information: 

• You must contact the attorney’s office. Understandably, the mere prospect of contacting an attorney can stir feelings of anxiousness. Most attorneys began practicing law to help people through difficult and stressful times.
• Attorneys make it incredibly easy to contact their office via your preferred communication method, whether by text, email, instant message, or phone. 
• You can schedule a time convenient for you to speak with the attorney. 
• Many attorneys will offer free initial consultations, but not all do. These conversations are free of charge and designed to advise you of your legal rights and allow the attorney to learn the specifics of your case. If an attorney offers free consultations, it is usually specified on their website. 
• Consider researching what questions to ask or ask a trusted person what questions they would ask, and bring a notebook to write down answers to those questions.  
• If you need support to go to the meeting, have a trusted person escort you to the attorney’s office but not sit in the meeting with you.

I’ve Had My Initial Consultation; What Now?

 Your initial consultation with an attorney should give you a good idea of whether you genuinely need legal representation. The consultation should also give you a sense of whether you are comfortable with the attorney. Attorneys have different personalities, so you must find one who makes you feel comfortable. 

 When you find a suitable attorney you decide to work with, the attorney will require you to sign a fee agreement specifying how the attorney will be paid. There are generally three different types of fee agreements. 

• The first type of agreement is an hourly fee which is the typical type of attorney fee arrangement. The lawyer charges a per-hour rate and usually tracks their time in fractions of an hour (often 10ths of an hour /6-minute increments). For example, if your attorney charges you a rate of $300 per hour and works on your case for 10.5 hours, you would be charged $3,150.00. Hourly rate agreements can be attractive because you pay the attorney strictly for their time worked.
• The second type of fee agreement is contingency. This fee agreement is used by many personal injury, and medical malpractice attorneys use. The attorney’s fee is based on a percentage of the amount awarded in a judgment or negotiated in settlement of the case, while if you lose the case, the lawyer does not get a fee. Contingency fees are attractive because, generally, the client has no out-of-pocket expenses and provides people access to representation that they might otherwise not be able to afford. 
• The third fee agreement you may encounter is a flat fee. Flat fees are a one-time all-encompassing fee for an attorney’s work on a particular matter. For example, you pay an attorney a flat fee of $2,000.00 to draft a prenuptial agreement. Flat fees can be attractive because they provide certainty on how much the legal services will cost upfront. 

As important as the fee agreement, be sure to discuss these questions about communication with your attorney. 

• How do you prefer to communicate? What should be communicated? 
• Who should I contact if I have a question about my case? 
• How often will I get an update? 
• What are examples of major developments that would prompt an update? 

The answers to the questions should be agreed upon at the outset of the attorney-client relationship to ensure that the relationship is healthy and productive. 

Benefits of Hiring an Attorney and What to Expect During the Legal Process

 Once you have signed the fee agreement, you now have official legal representation. You will feel quite good for several reasons. 

 You have a trusted advisor whose job is to guide you through what can often be confusing.

• The opposing party in your case is prohibited from contacting you directly, which means that any communications regarding your case should go through your attorney. Having your attorney handle communication can be a huge stress relief. Your attorney will supply you with any relevant information to your case.
• The attorney-client privilege protects your communications with your attorney, which means all your contact with your attorney is confidential, with a few minimal exceptions. This confidentiality allows you to have open and honest communication with your attorney. Inviting a trusted friend or family member to conversations with your attorney may be tempting. However, asking people to have those conversations with your attorney can waive your privileged discussions, so exercise caution. Get your attorney’s advice if you need help remembering details. 

The duration of your attorney-client relationship will depend on the facts and type of case you have. Your attorney should be able to give you a general timeline on how long they expect your matter to be resolved. Please remember that unforeseen circumstances can always lengthen or shorten the time necessary to resolve any matter.  

 Regardless of the length of your case, you should always be able to get updates from your attorney about how the case is progressing. A good attorney will keep you updated on any significant developments in your case and notify you well in advance of any important dates you should be aware of. 

 If, at any time during your attorney-client relationship, you become unhappy with your attorney, you can terminate your attorney’s representation. Perhaps your attorney has ceased communicating with you, refuses to give you updates on your case, or you don’t work well together. Unfortunately, these issues do arise from time to time, but they are uncommon. Please remember that if you are unhappy with your representation, you are entitled to fire your attorney and seek representation by another attorney.