For almost all of us, there comes a time when we need to hire a lawyer. It may be for business, personal, or family reasons. Sometimes it's clear that you need the assistance of a lawyer. You're starting a new business, being sued, buying a house, or you've been charged with a crime. At these times, there's no doubt that you should seek legal counsel.

But other times it's not so clear. You think you might be able to handle it yourself, but you're not sure if that's the best course to follow.

How to Decide?

The first thing you do in any of these situations is ask yourself "What is at risk?" If there's a serious threat to your finances or freedom, or a serious personal issue such as divorce, get a lawyer.

But what is serious?

A speeding ticket isn't necessarily a serious problem. Most people who receive a ticket go to court and either receive probation or just pay the fine. But having several speeding tickets in a short period of time could threaten your privilege to drive. And that's a serious problem. Not being able to drive to work, take the kids to the doctor, or get groceries can be devastating to both you and your family. This is one kind of situation where you would do well to seek the help of a lawyer.

And the situation doesn't have to be a threatening one for you to need professional legal assistance. People hire lawyers all the time for all kinds of reasons. A situation doesn't have to be a threat or adversarial for you to need legal advice and guidance. Lawyers can help in both good times and bad. You or your business may need assistance in securing your legal and financial rights, in business transactions and negotiations, dealing with state and federal regulations, taxes, estate planning, and drafting wills and trusts. These are all times when hiring a lawyer is a good idea.

Things to Consider

First, ask yourself: is this a situation I can handle myself, without hiring an attorney? If it's a business problem, consumer problem, insurance complaint, or banking problem, chances are you can handle it yourself without hiring a lawyer. Most companies and government offices have customer service departments for addressing consumer complaints.

Handling it Yourself

Calling or writing a letter to the party you feel has harmed you in some way can often resolve the problem without seeking the help of a lawyer. If you feel this might be the best option, try our Self-help link. We've provided you with a list of resource sites that can assist you in many different areas. Included are informational sites for consumers, Small Claims Court information, Social Security, Veteran's Affairs, Arkansas State government departments and agencies, Senior Citizens assistance, the American Pro Se Association, and the Legal Services Corporation for low-income persons. Other resources you might want to check into include various community associations, your church and civil rights groups might offer the assistance you need.

Time may be a Factor There are times when making a decision quickly is not necessary. If you've been injured in an accident, there are statutes of limitation that vary, depending on the circumstances of the case, and there are times when a claimant has only a few weeks or months to bring a claim of action. Not acting within the time allotted can lose you your rights. If you have land that's being used by someone else without your permission, failing to object within the period of time allowed by law can lose you that land.

An Urgent Need

In many situations, you need to make a decision quickly. Having charges brought against you by law enforcement or receiving a summons in which you're named as a defendant are times when you need to decide quickly. You or a loved one has been hurt, you're being sued, having problems with a neighbor, or suddenly got fired from a job after years with the same company. These are examples of times that many of us feel we need to seek legal help quickly. These are also very stressful occasions and usually promise to stay that way for awhile. That's why it's even more important to approach hiring a lawyer carefully. You don't want just anybody to be there at your side as you go through all the stress and emotion that a legal case can bring. So what to do?

What do you want to Accomplish?

If you're being sued or charged with a crime, this is easy to answer. If you've been injured or fired or you feel an insurance company isn't being fair to you, you may reach for the phone to hire a lawyer. But before you do, think about what it is you want to accomplish.

Despite all the huge verdicts and settlements we seem to hear about all the time, those are the few exceptions. There are few guarantees when you decide to sue. If you aren't sure where you stand, it might be worth your time and expense to hire a lawyer to assess your situation and give you advice. This could turn out to be well-invested money that can ultimately save you a great deal of money and time.

O.K. I need a lawyer, but what kind?

The law covers a huge area. Lawyers tend to focus their practice in particular areas. First, you want to consult the areas of practice listed for a particular lawyer or firm. Obviously you want a lawyer with the skills necessary to handle your claim. If you're having problems on the job, you'll want to consult an employment lawyer. If you think the factory down the road is causing your asthma and skin rash, you want to consult an environmental lawyer. Next, you'll want to check what that lawyer or firm has done in the past. Ask the lawyer or firm or better yet, check their case histories. This is an excellent way to know what the lawyer or firm has done in the past.

Where to start?

Finding a reputable lawyer - practice areas.

Many lawyers advertise on TV, in the yellow pages, online, or send you a letter directly. That's a good place to start, but don't stop there. Look at what their web site or advertisement says about what areas of law the attorney or firm focuses on. Do they practice in the area that concerns your case or issue?

Referral Services.

You can check your local library for a Martindale Hubbell, a directory of lawyers. This is a listing of attorneys that also gives you information about the attorney such as education, awards, memberships, offices held, etc., as well as a rating system. The Best Lawyers in America by Woodyard and White Publishing provides a national directory of lawyers, while The Arkansas Times provides an annual compilation of lawyers voted "the best" by other lawyers in the state.

There are also referral services offered by many bar associations and online. But keep in mind that many of these services just compile names and contact information without sorting out expertise, reputation, or other qualifications. They're usually just a list of names, with the first listed usually paying to be there. These services are convenient for gathering names of attorneys in a specific area, but they usually stop there. You don't want to just stop there yourself.

Lawyers on the Internet

Many lawyers now have their own Internet site. These sites can provide a terrific resource for learning about a lawyer or firm before ever picking up the phone. You can usually get a good description of the practice areas they focus on, as well as biographies of the lawyer or lawyers in a firm, and sometimes, descriptions of cases they've handled. These are excellent resources for determining if a particular lawyer or firm would be right for you, and it's well worth the time to research their site.

What questions to ask on the phone?

After compiling a list of attorneys who you think might be good to handle your case, it's time to start making calls. Before you do, however, take a few minutes to sit down and write a brief description of your case. Try to be as objective as you can, and stick to the facts. Describing why you're upset or angry won't help you in determining if this is the lawyer for you. You can go into detail later, when you meet with the lawyer. Pay attention to how the office staff who handles your call treats you. Are they courteous? Do they take the time to listen to you? Ask if the lawyer you've called has handled cases like yours in the past? Just because it was listed as a practice area doesn't necessarily mean they have experience. How long will it take to get an appointment? This might be really important if it's been awhile since the incident.

Preparing for the consultation

Lawyers are regular people, and there's no reason to be scared or nervous. But if you've never had much experience with the legal system, you might be somewhat nervous before your consultation. There are a couple of things that will help you deal with your nervousness, and help assure that you come away from the consultation with the information you need to know. First, take description of your case that you wrote out before making your phone calls with you when you go to see the lawyer. This will help tremendously in assuring that the lawyer understands what it is that's happened. Oftentimes, between nerves and being upset over what's happened, it's easy to lose focus and not be ale to communicate as clearly as you'd like. Also take the time to write down a list of questions you have for the lawyer and take that with you too. If you've received any legal papers, or have papers or other documents that pertain to your case, be sure to take them with you - both the originals and copies. Don't leave the originals with the lawyer however, especially if you haven't hired her or him as yet. And be sure to make copies for yourself to keep even after you've hired someone.

Examples of questions you might want to ask

• What experience have you had with my type of case?
• Where are you located? An attorney close to you may offer advantages over one that is far away.
• Have you handled similar cases?
• How did the case(s) go; what was the outcome?
• What might I realistically expect as far as the outcome in my case?
• About how long do you expect the case to take?
• What are your rates?
• How will you charge me? Will I need to pay a retainer first? [link 'charge me' to What do lawyers charge below]
• How often can I expect to be billed?
• What other charges might I expect besides your fees?
• Can you give me an idea of what the total charge might be, including fees and expenses?
• Who else in your office will be working on my case?
• What do I need to do personally, what do I need to provide, in order to help my case?
• How will you inform me of the progress of the case?
• How do you expect to approach my case, very aggressively, prepared to go to trial if necessary, or looking more to get a settlement quickly? Why?
• Do you advise that I try an alternative such as Alternative Dispute Resolution (ADR)?

Legal fees - how lawyers charge for their services

Lawyers are required to advertise truthfully. But if a lawyer advertises low cost legal services, you need to be sure to find out just what that includes. Oftentimes, filing fees and other expenses are not included in the advertised rate, just the lawyer's fees. Other attendant costs may not be reflected in the advertisement. So ask. Legal services aren't cheap, how much can you afford to spend? What the usual fee arrangements? What other expenses are you expected to be responsible for such as court costs and filing fees? How do you keep track of fees and expenses? What about free or low-cost legal services? What if you're charged with a crime but don't have the money for a lawyer?

Most lawyers will have several different payment arrangements, often depending on the type of case and how they can expect you to pay. There are hourly rates, flat fees, retainers, retainers plus hourly fees and contingent fees.

Hourly Fees

An hourly arrangement provides that the lawyer gets paid a certain hourly rate for the hours spent working on a client's case or issue until it's completed. The amount of the hourly rate usually depends on the lawyer's experience, their operating expenses, location, and overall success. A complex issue being handled by a more experienced lawyer who is more expensive per hour might cost less because she or he can handle the problem more quickly. So cheaper is not always better. More experienced lawyers can usually give you a more accurate estimate of how much your case or issue will cost as well.

Flat Fee Arrangements

If an issue or case is fairly well defined and not very complex, lawyers often charge a flat fee. Examples of this would be wills, reviewing a contract for purchase of realty, bankruptcy, an uncontested divorce, and many others. Again, if an advertisement indicates the lawyer charges a flat fee for your type of case, make sure to ask what other expenses might be included.

Retainer Fees

A retainer is a fee charged in advance of any work, and is an advance on the hourly rate for a specific issue or case. This goes into a lawyer's trust account and the lawyer then deducts his or her expenses and the cost of services as they add up.

A retainer fee is an advance payment on the hourly rate for a specific case. The lawyer puts the retainer in a special account and deducts from that account the cost of services as they accumulate. As your case is being represented, you should receive and review the periodic billing statements for the amounts that have been taken out of the retainer. Retainers are usually not refundable and if you decide to drop your case or your lawyer before the total amount of the retainer is gone, you may relinquish the remainder.

Contingency Fees

In other cases, lawyers oftentimes work on contingency. That is, as the client, you pay no fee to the lawyer for her or his representation, but agree to give a percentage of the verdict or settlement (usually one third) to the lawyer if any monies are collected. Most plaintiff's lawyers work on contingent fee basis, usually in such cases as personal injury, auto and accident cases, medical malpractice, environmental cases, railroad crossing cases, and debt collection cases, to name a few. Courts set a maximum limit on how much this contingent fee can be, but lesser amounts can occasionally be negotiated. It's important to remember that in these cases, the lawyer sustains the entire up front costs such as their time and the time of other staff who work on the case, with no assurance that their investment will pay off. And when they win a judgment or settlement for you, the contingent fee percentage must pay for the entire up front overhead as well as for their time. Some cases are not allowed by law to be handled on a contingency fee basis, so be sure to ask before assuming anything.

Written Fee Arrangements

Ask for a fee agreement in writing. If a lawyer doesn't want to provide this for you, don't hire that lawyer. Also ask your lawyer to include a provision for periodic, itemized billing in the fee agreement. This should list and describe all charges so that you can review them, understand them, and compare them to your fee agreement.

You might need to consider a ceiling on fees and expenses, and even include that in your fee arrangement. You might want to also require your lawyer to get your approval before going beyond the limit set. If you're case is only worth $5000, you don't want to spend $4,000 in fees.

If you are poor and can't afford and attorney to defend you against the charge of a serious crime, you might be eligible to have an attorney appointed to your case. The state and federal governments provide for public defenders to assist the indigent in their cases. They are paid by the government and are often very experienced with many years of having defended criminal cases. Just because they're paid by the government doesn't mean you'll have any less competent or dedicated lawyers. And oftentimes, they're far better at it that many of their private practice counterparts. Some lawyers also offer their services pro bono, that is, without charge.

Making a decision

• How well did your consultation go?
• Did the lawyer answer most of your questions?
• Was he or she willing to explain things to you and try to help you understand?
• Was the lawyer able to interact well with you?
• Did his or her personality make you comfortable?
• Did the lawyer know the law that applies to your case?
• Did she or he give you an honest evaluation of your case?
• Did he or she respond to your questions about their experience and background in an open manner?
• Did the lawyer explain fees and billing practices completely?
• Did you feel comfortable with the lawyer?
• Did you feel the lawyer would work with you as a client and communicated well with you?

And finally, make your decision on the lawyer's experience, cost to you, and if you feel he or she can work comfortably and effectively with you.

What can you do to be a good client?

• Write down the facts of your case, think them through and present them clearly when you consult with your lawyer.
• If you have questions after you leave, or between consultations, keep a tablet and write your questions down so you'll remember them the next time you talk with your lawyer.
• Ask every question you have about billing and fees; don't be embarrassed. Not asking can leave you in the dark, start you off on the wrong foot, and leave you frustrated and angry during an important time. Just remember that it's not always easy to determine what the overall cost will be for a case. But discussing fee arrangements with a lawyer will not only help you understand what to expect, but will help you know how that lawyer will work with you as a client. It will also help you both understand what to expect from each other.
• Discuss the approach you think your lawyer should take with your case. You need to both understand what the approach is going to be, in order to know what's expected from each other.
• Ask the lawyer how she or he intends to keep you informed about the case. Ask if there is someone else in the office that you can call or who could call you to keep you up on what's going on. Remember, if your lawyer is on the phone with you frequently, he or she can't be working on your case. It's hard to not know what's going on, but asking how the lawyer intends to keep you informed will help you both keep you up with the case.
• Be sure to share all important information with your lawyer and let him or her know immediately of any updates or changes that might affect your case. Holdingbackinformation from your lawyer could severely damage your case.

Are there other alternatives?

Alternative Dispute Resolution (ADR).

Alternative Dispute Resolution ("ADR") refers to any means of settling disputes outside of the courtroom. ADR typically includes arbitration, mediation, early neutral evaluation, and conciliation. As burgeoning court queues, rising costs of litigation, and time delays continue to plague litigants, more states have begun experimenting with ADR programs. Some of these programs are voluntary; others are mandatory.

More information is available at the Legal Information Institute about Alternative Dispute Resolution.