Answering Your Legal Questions About Hiring and Working with a Lawyer

Almost everything we do in our daily lives is influenced by laws, from making purchases to starting a business, driving a car, getting married, or writing a will. Although the legal system is accessible to everyone in our democratic society, it can raise many questions, such as when to consult a lawyer or how to choose one.

The State Bar of Wisconsin Consumer Information and Protection Committee has developed a pamphlet to help consumers make informed choices when choosing and working with a lawyer. When facing a legal problem, it is often in one’s best interest to consult with a lawyer about their legal rights and responsibilities. Examples of situations where one may need to consult with a lawyer include:

Being questioned by law enforcement
Being sued or threatened with a lawsuit.
Overwhelmed by financial or tax problems.
Selling, purchasing, or leasing real estate property
Forming or dissolving a business
Family concerns
Being involved in an accident

Choosing a Lawyer

When choosing a lawyer, it is important to understand that not all lawyers are skilled in every area of law. Some questions to ask a lawyer include:

Their experience in law
The number of cases like yours they have handled.
If they do not practice in that area of law, could they recommend someone who does.
Could they provide references?

A lawyer-client relationship should be based on trust and open and honest communication, requiring a mutual commitment from both the client and the lawyer. The State Bar of Wisconsin has a referral service based on the type of law a lawyer practices and their location, and word of mouth from satisfied customers is also a reliable way to find a lawyer.

Before hiring a lawyer, it is important to consider the retainer agreement, which outlines the fee arrangement, expected costs, and responsibilities of both parties. Usually, a lawyer will require a deposit upfront before taking on a case, and fees and costs will be deducted from this deposit.

During the first visit to a lawyer, the client should explain the reasons for seeking legal help and ask any questions about the legal process and procedures involved in handling their case. By gathering necessary information and being organized when meeting with a lawyer, clients can help reduce legal expenses.

Expectations When Hiring a Lawyer

Hiring a lawyer is a significant decision that requires mutual commitment between the client and the lawyer. When you hire a lawyer, you should expect the lawyer to work for you as your advocate and counselor. Here are some of the things you can expect when you hire a lawyer:

Confidentiality: Your lawyer should keep all information related to your case confidential.
Representation: Your lawyer should listen to your problem, represent your interests in and out of court, and advise you of your rights and responsibilities.
Research and Analysis: Your lawyer should research and analyze all available facts and information related to your problem.
Candor: Your lawyer should be candid with you about your problems, your prospects for success, and the advisability of accepting and making settlement offers.
Diligence and Promptness: Your lawyer should act with diligence and promptness in handling your case.
Preparation of Legal Documents: Your lawyer should prepare the necessary legal documents for your case.
Communication: Your lawyer should keep you informed about the status of your case and check for conflicts of interest.

In return, your lawyer will expect you to:

Be on time for appointments,
Be open and honest about the facts of your case,
Respond promptly to requests for information,
Notify the lawyer of any changes in your case or contact information,
Ask questions,
Follow your lawyer’s advice,
Be patient, and pay agreed-upon fees for the work performed.

By following a few suggestions, you can help reduce your legal costs and ensure a positive outcome in your case. These include:

Keeping your lawyer informed
Asking how you can help reduce costs by obtaining documents, contacting witnesses, or providing other assistance.
Considering the financial aspects of your case and discussing them with your lawyer

If you have a question about your bill, talk to your lawyer. Many times, misunderstandings can be easily corrected. If a dispute remains, some lawyers may be willing to make an adjustment. Many agreements require that fee disputes be resolved through arbitration. If you have questions about your lawyer’s ethical conduct, you can contact the Wisconsin Supreme Court Office of Lawyer Regulation.

Lawyer Fees: Understanding the Different Arrangements

Introduction:

Hiring a lawyer involves considering the fee arrangement as an important factor.
The fee can vary based on the type of case, complexity, and lawyer’s experience.

Common Forms of Fee Arrangements:

Hourly Fee:

Calculated by multiplying the time spent on a case by an hourly rate.
For example, an hourly rate of $125 and 2.0 hours spent on a case would result in a fee of $250.

Contingency Fee:

An agreed-upon percentage of the total amount recovered by trial or settlement.
No fee in case of a lost case, but client may have to pay for costs such as filing fees, medical records, etc.
For example, a total recovery of $10,000 with a 33.3% agreement would result in a lawyer’s fee of $3,330.

Flat Fee:

A set fee for a specific legal service, such as drafting a will.
Predictable and eliminates uncertainty of an hourly rate.

Statutory Fee:

A fee set by law, such as attorney fees in worker’s compensation cases.

Lawyer Expectations and Your Responsibilities:

Expect your lawyer to:

Keep information confidential.
Listen to your problem.
Represent your interests.
Advise you of your rights and responsibilities.

Your lawyer expects you to:

Be on time for appointments.
Be open and honest about the facts of your case.
Respond promptly to requests for information.
Pay agreed-upon fees.

Reducing Legal Costs and Disagreeing with Your Lawyer’s Bill:

Ways to reduce legal costs:

Gather the necessary information before meeting with your lawyer.
Be organized.
Keep your lawyer informed.
If you have a question about your bill, talk to your lawyer.
If a dispute remains, some lawyers may be willing to make an adjustment.
Fee disputes may be resolved through arbitration as per the agreement.
If you have questions about your lawyer’s ethical conduct, you can contact the Wisconsin Supreme Court Office of Lawyer Regulation.