How to Find an Attorney

AuthorJeffrey Wilson
Pages29-34

Page 29

Background

When the United States handed down its decision in Bates v. State Bar of Arizona which struck down state laws prohibiting lawyers from advertising as an unconstitutional interference with free speech, it was widely thought that it would then be easier to find an attorney. This belief was based on the premise that since lawyers were allowed to compete in the same way as other businesses do, it would be easier to meet one's needs for legal representation and that the costs would go down.

It is true that lawyer advertising has made it easier to find an attorney. However, there is still a problem in finding the right attorney for one's particular needs. If the selected lawyer is inexperienced, incompetent, or lacks the willingness or ability to communicate effectively with a client, the client will not be satisfied with the lawyer's service. Furthermore, the consequences for the client could be catastrophic, such as losing a business or being unable to recover for injuries the client sustained at the hands of a liable third party. In order to find the best attorney, one needs more than a list of names, even if these are specialists in the relevant legal area. Clients are best served by asking questions before they decide on an attorney to retain.

Consumer dissatisfaction with lawyers has become a major problem. A survey taken in 1995 by Consumer's Union revealed that out of 30,000 respondents, one-third were not well satisfied with the quality of their attorneys' services. The reasons for this dissatisfaction varied, ranging from attorneys failing to keep their clients informed on the progress of their cases, failing to protect clients' interests, failing to resolve cases in a timely manner, and continually charge unreasonable fees. The reason for this widespread dissatisfaction is linked to the lack of knowledge by consumers on how to find attorneys experienced with the kinds of problems they are facing as well as knowing what questions to ask a lawyer they are considering retaining. The results of a one thousand person survey reported in the Florida Bar Journal revealed that the average time spent in finding a lawyer was two hours or less. Nearly one half of those surveyed said it was hard to find a good lawyer, and over a quarter of them said they did not know how to find a lawyer. It is remarkable that 80 per cent of respondents said they wished there was a source for information on lawyers' credentials.

Page 30

Why It Is Difficult to Find an Attorney

One difficulty in finding the appropriate attorney is the ever expanding number of specialties practiced by lawyers. Specialization makes selection more complicated. Law has become more specialized because changes in technology have necessitated the development of new areas, such as Cyberlaw and Internet law. New areas of law have also been created by recently enacted laws and regulations from such federal administrative bodies as the Environmental Protection Agency. This could impact and complicate the problems of a person acquiring a business and trying to determine whether the seller or the buyer is liable for cleaning up a toxic waste site. The increasing number of laws and regulations have forced lawyers to become more specialized in order to keep up with new developments. Furthermore, many general areas of the law in which an attorney could become proficient, have now been split up into specialties. In business law, there are specialists for mergers and acquisitions because of the complexity involved in these transactions. Even criminal law is not immune to this trend since some lawyers now specialize in white collar crime.

When Do I Need A Lawyer?

Potential clients should retain a lawyer for any of the following reasons:

if they have been charged with a felony

if they have been served with papers naming them as defendants in a lawsuit

if their insurance coverage is less than the amount a third party is claiming due to their negligence

if they are making a will or changing it

if they wish to adopt a child

if someone with whom they are involved in a business setting breaches his or her contract with the client

if they are resulting in substantial harm, or if the person suing them has a lawyer.

If a person is a defendant in a civil lawsuit and fails to appear in court, a default judgment will be entered by the court against them, and for all practical purposes, they will be unable to overturn it.

Avoiding the Dishonest or Unethical Lawyers

This situation is easy to fall into because with the exception or Oregon, at least some part of the disciplinary process is kept private. This means that potential clients have no way of knowing whether a complaint has been made against a lawyer if no action has been taken. Although some complaints against lawyers are frivolous, the consumer has no way of knowing whether the decision by the state bar not to take any action was made in good faith. Furthermore, the action taken may only amount to a private reprimand in the form of a letter sent to the attorney. According to a recent investigation by the Washington Times, lawyers guilty of serious ethical violations and felonies are at the most only suspended for a limited period of time and made to make restitution to the client. Even the most severe punishment, disbarment, is not permanent since in most states the attorney can apply for reinstatement in five years.

Not only are the...

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