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Be confident and prepared: Ask the right questions.
You should consult a lawyer' when advice:
A lawyer can help by offering you legal counseling and advice, preparing documents and, if necessary, representing you in court and other legal proceedings.
The law can change often and be very complicated. Lawyers are
trained to deal effectively with these complexities, explain the
law accurately, provide legal assistance, and be aware of court
procedures, filing requirements, deadlines and other details that a
non-lawyer could overlook.
In Massachusetts, a lawyer must have attended a state-accredited
law school, be licensed by the state Supreme Judicial Court, and
must abide by strict rules of legal procedure and
ethics.
How do I find the right
lawyer?
Your goal is to find a lawyer with whom you are comfortable as
both a person and a professional. Your case may involve very
personal information and your lawyer will often need to know
confidential details about you, your family and your finances to be
effective in helping you.
One of the best ways to find a lawyer is to seek a recommendation
from people whose opinions you respect: an employer, lawyer at your
workplace, teacher, minister, doctor, relative, neighbor or
friends.
The nature of your legal problem will help define the type of
lawyer you will want to hire. Often lawyers have one or more
specialties, and you want to make sure your lawyer has experience
in your type of case. The lawyer who did a terrific job with your
friend's divorce may not have the expertise to take on your auto
accident injury case.
Before meeting with a lawyer, make notes about your problem and
gather all of the related documents to take with you. This will
allow you to present your legal problem in the clearest and most
organized manner possible. It will also allow you to focus on
evaluating the lawyer's response to your case and your
questions.
At the first meeting you should ask about the following topics. Keep in mind, some lawyers charge a fee for your first consultation, some don't.
After meeting with the lawyer ask yourself the following questions:
Fixed fee
This type of charge, sometimes called a "standard" fee, is used
most often for routine legal matters. For example, a lawyer may
charge all clients the same amount to handle a "simple will." When
you agree to a fixed fee, be sure you know what it does and does
not include, and if there could be additional charges.
Hourly fee
Many lawyers charge by the hour, and can vary from lawyer to
lawyer. Your total bill can be estimated by having the lawyer
project the amount of time your case will take and provide a list
of filing fees and other costs.
Retainer fee
A retainer fee may be used to guarantee that a lawyer will be
available to take a particular case, and could mean the lawyer will
turn down other cases to remain available. With this type of fee
agreement, you may be billed separately for the legal work. A
retainer fee sometimes is considered a down payment on any legal
services you may need. Since this type of fee arrangement can mean
different things, be sure to have the lawyer explain the fee
arrangement.
Contingency fee
This type of charge often is used in personal injury cases when
you are suing someone for money. It means that you will pay your
lawyer a certain percentage of the money you receive if you win the
case or if you settle the matter. If you lose, your lawyer doesn't
receive a fee. In some cases, your lawyer may pay some of these
costs for you when they are due, but you may have to repay the
lawyer.
If you agree to a contingency fee, be sure you know what your
lawyer's percentage will be. Some agreements provide for a varying
percentage depending on whether the case is settled, goes to trial
or has to be appealed. If so, those varying percentages must be
stated in the agreement as well. While obtaining a fee agreement
from your lawyer is always a good idea, in contingency fee cases,
they are required.
Statutory fee
The cost of some probate and other legal work is set by law. For
certain other legal problems, the court either sets or must approve
the fee you will pay. Often, a lawyer cannot tell you exactly what
the charge will be, because it is difficult to estimate how much
work is going to be involved. But a lawyer can usually estimate the
minimum and maximum limits of the fee and give you some idea of the
work involved.
What if I can't afford a
lawyer?
If you are the defendant in a criminal case and
can't afford a lawyer, the government must provide you with one. If
you need legal assistance in a civil matter and
can't afford to pay lawyer, there are programs that may be able to
help.
If you meet certain economic guidelines, the MBA LRS may be able
to refer you to a lawyer who offers reduced fees (no more than $75
an hour) for qualifying clients.
If you cannot afford a lawyer's fees, even at reduced rates, there
are state and federally funded programs that may be
able to provide you with free legal assistance. There are legal
services (sometimes called legal aid) offices located around the
state. Some types of cases that legal services lawyers will handle
include eviction defense, divorce, custody, and Social Security and
other government benefit matters.
You can call the Legal Advocacy
and Resource Center at (617) 603-1700; or toll-free, at (800)
342-LAWS.
How can I help my lawyer
and keep expenses down?
There are several steps you can follow to help your lawyer work for you and keep the cost of legal services at a minimum:
Remember that your lawyer must keep all information you discuss confidential.
What if the relationship
with the lawyer becomes unproductive?
There are many reasons why an attorney/client relationship may become unproductive. With that said, it is important that the client understand why the relationship failed and what the proper next steps should be.
Can I get legal help
without hiring a lawyer?
There are legal resources that may be able to help you resolve
your legal problem without hiring a lawyer. The MBA has several
programs that can help answer your basic legal questions.
The first Wednesday of each month you can get free legal help, via
telephone, from the MBA Dial-A-Lawyer program. On those days, from
5:30 p.m. until 7:30 p.m., lawyer volunteers staff phones at the
MBA to take your calls. Dial (617) 338-0610 or toll-free (877)
686-0711.
Small claims court
Small claims courts offer citizens the chance to resolve minor
problems without the need for lawyers. Most small claims courts
limit cases to those with claims up to $7,000, and exclude certain
types of claims, such as divorce, cases involving title to
property, and cases involving the state or city. In most small
claims courts, anyone with a grievance can bring suit, using
everyday language, for a relatively low filing cost. However, you
should file suit only after you have exhausted other avenues, for
example, writing directly to the person or company involved or
discussing the matter with the Better Business Bureau.
Private, consumer service organizations
Your local Better Business Bureau, credit counseling service,
consumer advocacy group, alternative dispute resolution center, or
another private agency may be able to assist you, and provide an
effective and economical alternative to hiring a lawyer. These
organizations were created to resolve or correct situations that
frequently recur and affect the public. Through such agencies,
without the expense of hiring a lawyer, you may be able to obtain a
statement of your rights, a fast recovery of property or money you
have lost, or relief for other damages that you have incurred.
Government organizations
In many instances, government organizations and offices can also
provide answers or assistance on legal matters. For example, you
may be able to consult the state attorney general's office or the
Department of Revenue for answers to general business, investment
or tax questions. State and local governmental agencies or
departments, such as local government offices that administer
permits and licenses, and state boards that regulate health
professions, social service professions, contractors, lawyers and
others, may be able to provide information about rules and
standards governing such professions and may also assist in
resolving disputes or settling damages.
I have been harmed by a
medical error.
How can an attorney help me?
If you or a family member has been harmed by a medical error and
offered compensation by a medical provider, a health care
institution, or an insurance company following a medical injury, it
is important for you to understand how an attorney may be of
assistance to you during the process and before you accept
compensation. In particular, it is important that any compensation
that is offered is fair, timely, and appropriate to meet your needs
relative to your injuries.
Attorneys play an important role in advising you during this
process. In particular, in order to assist you in accepting an
appropriate offer of compensation, an attorney will investigate and
analyze the following factors:
After investigating and evaluating the above factors, an
attorney can review the settlement agreement that will be provided
to you in order for you to accept any compensation to ensure that
the terms of the agreement are fair and reasonable to you.
Attorney representation is available through this Massachusetts
Lawyer Referral Service.