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How to Pick a Lawyer

Timothy R. Hughes, Esq.
Hughes & Associates, P.L.L.C.

Finding the right lawyer can mean the difference between winning and losing a case. Even if the consequences are less directly pivotal to the success of your matter, hiring the right lawyer can certainly translate to a more enjoyable experience (perhaps less painful is more accurate!). There are steps you can take to give yourself a better chance of hiring the right person for the job.

Understand Your Issue

The first step to hiring a lawyer is to try and understand what your issue is. Do you need help drafting transactional papers on a loan? Are you starting a business? Do you have a piece of litigation? If so, what type of case is it? Before you can find the right lawyer, you need to understand where to start the search. An effective search starts with defining the correct question.

Practice Area Expertise

If possible, you want to hire a lawyer who has experience specific to your matter. If you have a divorce case, you do not want a patent lawyer. If you have a criminal matter, you do not want a corporate lawyer.

Determining whether a lawyer is actually an expert in a specific area is tougher than it sounds. One possible method is to research your choices and determine whether they are published in their field. Publications are a good sign of professional recognition, and they also give a solid sense of the personality of the author.

Bar association involvement can be another good indicator. For example, many state bar associations, as well as the American Bar Association, have practice section that deal with specific areas of expertise. Leadership in sections of these types is an excellent indication that a lawyer is well regarded in their field.

Size Matters

Law firms come in many sizes. Larger firms tend to have greater resources and deeper sources of specific expertise. At the risk of generalizing, larger firms also tend to be far more expensive in terms of both hourly rates and the amount of effort they believe necessary to solve a specific problem. The waves of lawyers available at a larger firm come at the risk of potential disconnect between the clients and their counsel.

At the other end of the spectrum, a solo practitioner will definitely be the only lawyer to work on your case if you hire them. The solo lawyer may, however, be overwhelmed with little staff support and too many cases. The solo lawyer may also be forced to be the jack of all trades, master of none.

Certain types require a specific type of firm. For example, tobacco litigation or huge class action cases by their nature require armies of lawyers. Smaller criminal matters tend to be handled by solo or small firm criminal lawyers. It is important for you to interview the lawyer to develop a comfort level that the firm has sufficient resources and time to devote to your matter. You also want a comfort level that you know who will work on your case so that you are not subject to the undisclosed hand-off to a less adept and inexperienced lawyer you never met.

Naturally, there are solo lawyers who have great individual expertise just as there are large firm lawyers who are stretched too thin. There is also a wide variety in between the two extremes. The main thing is to develop a sense of what you are looking for in terms of styles of firm and approaches to legal issues.

On-Line Resources

There are several excellent sources of information on lawyers. Martindale-Hubble publishes written encyclopedias with information on lawyers and firms. Their website, www.martindale.com, contains not only biographies of lawyers by specific state and practice area, but also includes searchable information. Martindale also rates lawyers and law firms, with an “AV” rating representing their highest rating. It should be emphasized that outside of the rating, the information on Martindale comes from the lawyer.

There are other on-line sources of information on lawyers. Some of these sources should be viewed with some skepticism as much of the information is provided by the lawyers. Some on-line sources involve lawyers paying to advertise so their independence should be viewed cautiously.

Google is always a good place to search for information once you identify a specific lawyer or practice area. Google is a good way to find articles and other references to your proposed lawyer. Finally, if you have access to Westlaw or Lexis, those on-line legal search engines are a good way to find reported cases involving your lawyer.

If [The Lawyer] Doesn’t Fit …

In addition to substantive expertise and focus on your case, you want to be comfortable with your lawyer. A lawyer should be able to explain their analysis of your issue, your choices, and the likely results of your choices. Your lawyer can never guarantee a result to you, but you should believe you are able to make informed decisions after receiving their advice and counsel.

The ability to comfortable interact with your lawyer is particularly important in a long-term legal relationship. If you hire a lawyer to handle a piece of litigation, you may be working with that lawyer over a period of years. A personality conflict in that type of relationship can doom your chances of success as trust and confidence are absolutely critical to the attorney-client relationship.

While you can develop a feel for your lawyer’s personality over the telephone, I would strongly recommend meeting in person with your lawyer if at all possible. Such an interview will permit you to gain a sense of your ability to work with your lawyer. A little extra time and effort on the front end is an excellent investment to ensure you can work well with your lawyer.

Conclusion

The attorney-client relationship is defined in the law as a relationship of trust and confidence. You should give that relationship the best chance at trust and confidence by ensuring that you are hiring the right lawyer for the right job. The right expertise, the right firm, and the right personality are all critical to the success of the relationship.