When you need one
Small claims, an uncontested name change and a simple traffic ticket are built for people without lawyers. You need a lawyer when you are charged with a crime that carries jail time, when you are served with a lawsuit, when you are injured seriously, when a divorce involves children or real property, or when you are about to sign something worth more than you can afford to lose. The test is the cost of getting it wrong.
How lawyers charge
- An hourly fee is standard for disputes and open-ended work, and rates run from about $150 an hour in small towns to more than $500 in large cities, usually billed in six-minute increments.
- A flat fee covers a defined task such as a simple will, an uncontested divorce, a basic bankruptcy or a misdemeanor defense.
- A contingency fee means the lawyer is paid only from what you win, typically one third of the recovery and closer to 40 percent if the case goes to trial, and it is used mainly for injury and some employment cases.
- A retainer is a deposit held in a trust account and drawn down as hours are billed, and any unused portion must be returned to you.
Fees and costs are separate things. Filing fees, court reporters and expert witnesses are costs, and in a contingency case you should ask whether they come out before or after the lawyer's percentage is calculated.
Finding the right one
Lawyers specialize, and the one who handled a friend's house closing is the wrong choice for a criminal charge. State and county bar associations run referral services that match you to a lawyer in the right field, often with a half-hour consultation for a small set fee. Check any name against the state bar's public discipline records. If money is short, look to legal aid organizations, law school clinics and bar pro bono programs. Anyone facing possible jail time who cannot afford counsel is entitled to a public defender.
The first meeting
Bring every document, a one-page timeline and a list of deadlines you know about. Ask who will actually do the work, what the likely total is and how often you will receive itemized bills. A good lawyer will describe the weaknesses in your case. Be wary of one who guarantees a result.
Tip Many lawyers will handle one piece of a case, such as reviewing a contract or coaching you for a hearing, for a fixed price. Ask for limited-scope representation if you cannot afford the full service.
