Chapter 18 Lawyers and Legal Research

• Library: Every Landlord's Legal Guide (Nolo) (2020 Ed.)

CHAPTER 18 Lawyers and Legal Research

Finding a Lawyer

Compile a List of Prospects

Shop Around

Types of Fee Arrangements With Lawyers PPENDIX B How to

Saving on Legal Fees PPENDIX B How to

Resolving Problems With Your LawyerPPENDIX B How to

Attorneys' Fees in a LawsuitPPENDIX B How to

Doing Your Own Legal Research PPENDIX B How to

Where to Find State, Local, and Federal Laws

State Laws

Local Ordinances

Federal Statutes and Regulations

How to Research Court Decisions

Court Decisions That Explain Statutes

Court Decisions That Make Law

How to Read a Case Citation

Landlords should be prepared to deal with most routine legal questions and problems without a lawyer. Otherwise, if you were to go to a lawyer to tackle every minor legal issue at the lawyer's rate of $150 to $400 an hour, you'd quickly empty your bank account. Just the same, there are times when good advice from a specialist in landlord-tenant law will be helpful, if not essential. For example, nearly all landlords should get professional legal advice when tackling housing discrimination lawsuits, personal injury suits, or complicated evictions. Throughout this book, we point out specific instances when an attorney's advice or services would be useful.

Fortunately, landlords have options when looking to acquire working knowledge of the legal principles and procedures necessary to handle problems with tenants and managers. Of course, that's the main purpose of this book. In addition, this chapter specifically recommends a strategy for efficiently and effectively using legal services and keeping up to date on landlord-tenant law.

In reality, it doesn't make sense to run your business without ever consulting a lawyer. When faced with potentially serious and expensive legal issues, it makes sense to get expert help. For everything else, though, you need to realistically weigh your capacity for handling the problem yourself against your financial bandwidth. When thinking about a legal problem, ask yourself: "Can I do this myself?" "Can I do this myself with some help from a lawyer?" "Should I simply put this in my lawyer's hands?"

In other words, your challenge isn't to avoid lawyers altogether, but rather to use them cost-effectively. Ideally, this means finding a lawyer who's willing to serve as a kind of law coach, to help you educate yourself. With some knowledge and experience under your belt, you'll be able to do routine or preliminary legal work on your own, turning to your lawyer only occasionally for advice and fine-tuning.

How Lawyers Can Help Landlords
Lawyers do a lot more than handle lawsuits. You can always ask your lawyer to:

• prepare (or review your drafts of) key documents, such as your lease or manager agreement
• confirm that you have a good claim or defense vis-à-vis an individual tenant—whether it's a dispute over how much security deposit you must return or your right to raise the rent
• write a letter to or call the tenant to get a problem resolved quickly
• summarize and point you to the law that applies in a given situation
• provide assistance with evictions, including preparing notices and forms
• answer questions along the way if you're representing yourself in court or in a mediation proceeding, and
• handle legal problems that are—or are threatening to become—serious, such as a tenant's personal injury lawsuit or discrimination charge.

Finding a Lawyer

How frequently you'll need a lawyer's help depends on many factors, including the type, number, and location of your rental units; the kinds of problems you run into with tenants; the number of property managers and other employees you hire; and your willingness to do some of the legal work yourself.

While looking for a lawyer you can work with, and during your subsequent relationship with that person, always remember one key thing: You're the boss. Just because your lawyer has specialized training, knowledge, skills, and experience in dealing with legal matters is no reason for you to abdicate control over decisions or the amount of attention you give to any single matter. You have an intimate knowledge of your business and are in the best position to call the shots—don't let an overeager attorney try to run your business while overcharging you for the privilege. Instead, find a lawyer who's willing and able to provide the amount and type of legal services you need.

Compile a List of Prospects

Finding a good, reasonably priced lawyer expert in landlord-tenant legal issues is not always an easy task. A random name picked from a legal directory or an attorney you've used for other legal needs, such as a divorce, likely won't result in someone who knows enough about landlord-tenant law to provide the assistance you need.

As a general rule, deep experience in landlord-tenant law is most important. As with so many other areas of the law, the information needed to practice effectively in this field has become increasingly specialized—so much so that a general practitioner simply won't do.

The best way to find a suitable attorney is by referral from a trusted friend or acquaintance who has actually worked with a landlord-tenant attorney. Other landlords and rental property owners in your area are also good referral sources. By asking your professional circle for some names, you'll probably come up with a solid list of lawyers experienced in landlord-tenant law.

RESOURCE

Looking for a lawyer? Aside from seeking personal referrals, try these excellent and free resources:

Nolo's Lawyer Directory. Nolo has an easy-to-use online directory of lawyers, organized by location and area of expertise. You can find the directory and its comprehensive profiles at Nolo.com/lawyers.

Lawyers.com. At Lawyers.com you'll find a user-friendly search tool that allows you to tailor results by area of law and geography. You can also search for attorneys by name. Attorney profiles prominently display contact information, list topics of expertise, and show ratings—by both clients and other legal professionals.

Martindale.com. Martindale.com allows you to search not only by practice area and location, but also by criteria like law school. Whether you look for lawyers by name or expertise, you'll find listings with detailed background information, peer and client ratings, and even profile visibility.

Keep in mind that these online resources are simply modern versions of the yellow pages: Many of the listed lawyers have paid to have their names show up on the relevant pages.

Shop Around

Once you have a list of prospects, your job has just begun. Next, meet with each attorney and make your own evaluation—many lawyers will speak to you for a half-hour or so for free or at a reduced rate. Briefly explain your business and legal needs and how much work you plan to do yourself.

Look for experience, personal rapport, and accessibility. Some of these traits will be apparent almost immediately; others might take longer to discover. Ask the lawyer to provide references you can talk to—preferably other local landlords.

A good lawyer will be:

• Transparent. Is the lawyer upfront about fees? Willing to answer your questions? Stay away from lawyers who make you feel uncomfortable asking questions. Pay particular attention to the rapport between you and your lawyer. No matter how experienced and well-recommended a lawyer is, if you feel uncomfortable with that person during your first meeting or two, you won't ever achieve an ideal lawyer-client relationship. Trust your instincts and seek a lawyer whose personality is compatible with your own. Be sure you understand how the lawyer charges for services.
• Cooperative. If you plan to be actively involved in dealing with your legal business, look for a lawyer who doesn't resent your participation and control. By reading this book all the way through and consulting other resources, such as those available online or at a nearby law library, you can answer many of your questions on your own. For example, you might do the initial legal work in evictions and similar procedures yourself, but turn over to a lawyer cases which become hotly contested or complicated.

Unfortunately, some lawyers are uncomfortable with the very idea of helping people

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