How to Pick the Right Attorney for You

This article will help guide you through the process of choosing an attorney.

Why Selecting an Attorney is a Personal Choice

We could have entitled this article “How to Pick the Right Attorney.” Instead, we added “for you.” Hiring an attorney is a personal choice. Another term for an attorney is “Counselor at Law.” Attorneys provide legal counsel to guide you through your legal matters and to help you with personal or business goals. Moreover, your attorney represents you to others, whether in front of a judge or jury, or in business negotiations.

As a result, choosing an attorney is a highly personal matter. In addition to all of the objective criteria we discuss below, you will need to feel comfortable with the attorney, and his or her appearance, tone, demeanor, judgment, thought process, level of aggressiveness and a variety of other subjective factors. In a way, it is like dating. You should interview and meet with multiple attorneys until you find the right one for you.

Why an In-Person Meeting is Important

We strongly suggest that you meet in-person at an attorney’s office before hiring him or her. Visiting the office will give you a sense of the law firm’s scope. More importantly, it will give you a better sense of who the attorney is and whether he or she is a good fit for you. Some attorneys may charge a consultation fee for an in-office meeting. Pay it. It may be the best money you spend.

How to Decide between Solos, Boutique Law Firms, Regional Firms & National Firms

A solo is an attorney who has his or her own firm. A boutique law firm has two to 30 lawyers and tends to focus on a few areas of the law. A regional firm has 30 or more lawyers who operate in one state or in a few states. A national firm typically has hundreds or thousands of attorneys throughout the country or world.

There is a saying in the legal profession – you are hiring a lawyer, not a law firm. It’s the actual attorney that will represent you – not the firm – that counts. Just because an attorney works at a large firm doesn’t mean that he or she is good. The reality is that national firms have outstanding attorneys, mediocre attorneys, and weak attorneys. The same is true of regional firms and boutique firms.

Whether the attorney you hire is a solo or at a national firm, or somewhere in between, will depend upon your legal needs. Most DUI attorneys are solos or work at small firms. Loan modifications, debt negotiations and personal bankruptcies are also typically handled by solos or small firms.

On the other hand, if you own a business that operates in several states, or have complex personal needs, such as estate planning, then you are more likely to hire an attorney that works for a regional firm or national firm.

Solos and boutique firms usually argue that they offer personalized services that large law firms can’t match. Large law firms counter that they offer resources and expertise that small firms simply can’t.

How to Decide between a Local Attorney & a Non-Local Attorney

When hiring an attorney you will have the choice between local attorneys and non-local attorneys. By “non-local attorneys” we mean lawyers that are out of a comfortable driving range, or out of state.

An attorney does not necessarily have to be licensed in your state in order to represent you. However, a lawyer who isn’t licensed locally cannot advise you as to your local state law.

In most cases, you will only work with a local attorney. For example, it is rare that anyone hires an out-of-state attorney to handle small civil litigation or criminal matters or personal bankruptcies. On the other hand, if you are charged with a serious white-collar criminal complaint, or are entering into an international business transaction, you may very well find yourself working with a non-local attorney.

The advantage of a local attorney is that you can meet with the attorney in-person, both for the initial interview and for important meetings. You will usually only work with a non-local attorney when he or she has expertise that you can’t find locally.

Ultimately, you are weighing the convenience of the local attorney against the expertise of a non-local attorney.

How to Determine if an Attorney is Qualified

Qualifying an attorney is a three step process:

• Confirm that the attorney is licensed and in good standing
• Determine the attorney’s level of experience and expertise
• Interview the attorney.

The first step in determining whether an attorney is qualified to represent you is to make sure the attorney is licensed and in good standing with your state bar association. Please see our article entitled “How to Check Up on Your Attorney” for a discussion on how to do this.

The second step is to evaluate the attorneys’ experience and expertise. Here are several factors you should consider:

• Years in Practice. The longer an attorney has been working the more experience he or she has accumulated. Your state bar’s website will often have this information. If not, ask the attorney.
• Specialization. The more an attorney focuses on one area of the law the more expertise the attorney will gain. Review an attorney’s website to determine the level of specialization. Let’s say you are looking for a personal injury attorney, and the first attorney only lists personal injury on his website, and the second attorney lists personal injury, DUI defense and loan modifications. Chances are that the first attorney has a higher level of expertise since he or she specializes in one area of the law.
• Recognized Expertise. If an attorney has published articles or books, or has spoken or lectured about an area of the law, then the attorney may be considered a recognized expert. At a minimum, such activity reflects that the attorney is specializing in a particular area of the law. This information is typically included in the biography section of the attorney’s website.
• Quality of Advice. When you interview an attorney you gain an understanding the attorney’s thought process, strategies and quality of advice. This is a critical factor when making your choice.
• Education. Did the attorney attend a top-tier law school or a small, obscure law school? This may determine the attorney’s level of expertise. However, this is probably the least important factor, as top law schools produce some weak attorneys and less well known law schools have generated excellent ones. You can obtain this information from the biography section of the attorney’s website, or on your state bar’s website.

The third step in qualifying an attorney is to conduct an interview, which is covered below.

How to Interview an Attorney

When you apply for a job do you expect to be interviewed? Well, when you speak with attorneys they are applying for a job with you, and you should approach the process like it’s a job interview.

Unfortunately, many people are too intimidated to interview an attorney. Instead, they lob in a few general questions and let the attorney control the discussion.

Prior to speaking with an attorney you should jot down a list of questions. See our article “7 Questions You Should Ask Every Attorney” for a few ideas.

After the initial chit chat, start by telling the attorney about your legal needs and what your goals are. Then, go through your list of questions. During the interview, make sure each question is asked and answered to your satisfaction.

Lawyers typically limit the amount of time they will spend in an initial interview. Be sure to respect the time frame the attorney establishes.

As the attorney answers your questions you will gain insight into the attorney’s thought process and strategies for addressing your needs and goals. Listen to what the attorney says, and ask follow up questions.

How to Weigh Attorneys’ Fees when Picking an Attorney

Attorneys’ fees may be the least important factor to consider when hiring an attorney. Attorneys are not a commodity product – like bread – and do not charge commodity prices. Instead, they offer specialized services and price accordingly. Nevertheless, many individuals tend to price attorneys as if they offer a commodity service.

For example, a man in Calabasas, California who had a mountain of debt requested the name of a bankruptcy attorney. We introduced him to an attorney with more than 20 years of experience who had an excellent reputation. The man called us back later and told us he had interviewed three attorneys and the one we had introduced him to was “by far” the most qualified. Then the man complained that the attorney had quoted $2,900 while the other attorneys quoted $2,500.

When you are about to go through something like bankruptcy are you really going to quibble over an additional $400 to hire the attorney that you have already determined is the best.

When hiring lawyers, do not be pennywise and pound foolish. Like most things in life, you get what you pay for.

Conclusion

Hiring an attorney is a highly personal choice. By going through the process of qualifying attorneys, you will walk away with valuable information that will help you make informed decisions.

Helpful Resources

• How to Select the Right Attorney
• 7 Questions You Should Ask Every Attorney
• How to Check Your Attorney's License

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