| Mention the word attorney in a crowd of people and | | | | attorneys in your area. A reference like Martindale |
| you are likely to get a wide range of reactions. Let's | | | | Hubbel or West's law directory online can be useful in |
| face it most of us associate attorneys with law suits, | | | | identifying lawyers with the expertise you need and |
| trouble with the law and court dates. All things that can | | | | the type of clients they represent. |
| cost us money! However, there are many situations in | | | | 3. Screen the potential candidates. Contact the |
| which an attorney can be proactive in preventing legal | | | | potential candidates and ask them to send you basic |
| problems. There are times when everyone can benefit | | | | information on their firm and the services they provide. |
| from legal expertise whether you are a large | | | | You may also screen by phone. Have they handled |
| corporation, a self employed business owner or an | | | | clients/cases similar to yours? How recently? What |
| individual. If you are buying property, starting a business, | | | | were the results? Are they willing to provide |
| or even entering into an employment contract having | | | | references? |
| legal counsel can ensure that your rights are protected | | | | 4. Meet face to face. Narrow down your list from the |
| and that you do not make missteps that can cause | | | | preliminary screening and meet face to face with the |
| you problems in the future. For corporations that have | | | | top three or four candidates. Ensure that you will not |
| in-house counsel, there are many reasons why outside | | | | be charged for the initial consultation. For corporations |
| counsel is retained including the need for representation | | | | engaging counsel the face to face will be a briefing of |
| in a particular jurisdiction or the need for specialized | | | | your needs. |
| legal knowledge. | | | | 5. Request a proposal from each of the candidates |
| Whether you are an Association, a global corporation | | | | that you have met face to face. The proposal should |
| or a small business owner, there are general tips which | | | | outline services, fees and a preliminary timeline. |
| will assist you in choosing the right legal counsel for | | | | 6. Check references. Verify credentials with the State |
| your unique needs. Choosing legal counsel is not unlike | | | | Bar Association. Call the references provided. Would |
| choosing any other professional service organization. It | | | | they use the firm again? Were they satisfied with the |
| is important to first clearly understand your needs and | | | | results? Were there problems, and if so were they |
| then to carefully screen the professionals that meet | | | | satisfactorily resolved? |
| your pre-defined qualifications to find the right fit. | | | | 7. Determine if there is chemistry. In addition to legal |
| 1. Determine the area of legal expertise that you need. | | | | expertise and a track record in your area of need, you |
| Are you in need of general legal counsel that will | | | | will need to form a good working relationship with your |
| advise you in your business? Do you need an attorney | | | | counsel. While you should certainly not select an |
| to manage your fundraising campaign? There are law | | | | attorney based on the color of their suit or style of |
| firms that specialize in representing certain types of | | | | dress, you do need to select someone with whom you |
| businesses, in example one firm may represent | | | | can have a collaborative working relationship. The |
| several homeowner associations and have an | | | | attorney client relationship is one of mutual trust and |
| expertise in this area, another may represent | | | | collaboration. |
| technology firms and understand this niche business. In | | | | 8. Define the relationship. Once you have selected |
| addition to the practice specialty (i.e. intellectual | | | | counsel and notified the other firms of your choice and |
| property, real estate, trust) you may also require a firm | | | | reasons for that choice (this is a common courtesy) it's |
| that has experience with similar clients.a. Can you use | | | | time to get to work with counsel. The relationship |
| a mediator? Structured payments, apology, retraction, | | | | should be clearly defined in a contract. The contract |
| letters of recommendation, confidentiality agreements, | | | | should very specifically address services, fees, |
| barter and agreements for future business are some | | | | schedule, personnel, location, and process for |
| of the workable options in mediation that may not be | | | | termination. Make sure your attorney agrees to abide |
| available in litigation. Mediation is less expensive and | | | | by the American Bar Association's Model Rules of |
| takes less time than litigation. | | | | Professional Conduct, portions of which govern |
| 2. Identify potential candidates. You can ask colleagues, | | | | attorney fees. What services will be provided and by |
| friends, and others for referrals. State bar associations | | | | whom? Will paralegals, investigators or junior counsel |
| have legal referral services or you can visit the | | | | do some of the work on your case? Where will the |
| American Bar Association's website, for a list of | | | | services be provided |