This article discusses need a lawyer? find top lawyer firm - get local lawyer services and consultation. Problem: The lawyer's quoted fee seems high. Solution: Shop around and negotiate the lowest possible fee. Stress that the case is routine (if it is). Get a contract or letter specifying the fee or how it will be calculated, the services covered, and the payment schedule.
Problem: You can't afford the fee. Solution: Tell the attorney in advance. He may reduce it and/or extend the payment time.
Problem: The final fee seems too high in re-lation to the work done or the case's outcome. Solution: Get a breakdown on what was done, how long it took, and the charge for each activity. If still not satisfied, bring the dispute to the arbitration board (if there is one) of the local bar association. If a lot of money is involved, get legal help on how best to present the case to the bar's board. Or you can threaten litigation.
Problem: A lawyer neglects a case. Solution:
Let the attorney know you're unhappy. Get an explanation of what's been done so far. If this doesn't work, tell him you're considering reporting him to the bar association and the lawyer review board. You can also dismiss him and hire another attorney.
Problem: The lawyer is incompetent. Solution: Bring the matter to the bar association's grievance committee. A decision in your favor is ammunition for a malpractice suit. If you go to court, you can recoup losses in civil cases. In criminal cases, a malpractice finding may entitle you to a new trial in addition to a monetary award. See lawyer for more information.
Problem: A lawyer mishandles your property. Solution: This could have been avoided by having the lawyer provide regular and detailed accounts of the money, property, or other assets entrusted to him. After the fact, threaten and/or institute a malpractice suit. If the settlement doesn't cover losses, apply to the client security fund of the bar association. This reimburses clients victimized by lawyers.

To Need a lawyer? Find Top Lawyer Firm - Get Local Lawyer Services and Consultation - Top

Many executives who deal confidently with attorneys in the normal course of business feel unsure of themselves when a matter goes into litigation. Here is frank advice from a trial lawyer who practices in New York and teaches at NYU.
Selecting counsel. The best trial lawyers don't necessarily work for the biggest firms. Many of them are with smaller ones where the chances for broad experience are greater. Choose the lawyer, not the firm. Trial law is a specialty. Seek out counsel with trial experience in the field. A local trial attorney who's familiar with the court where the case will be tried is usually best. If represented by a lawyer from out of town, most courts usually require local counsel, too.
Negotiating the fee. Avoid contingency arrangements. A fee based on time spent is safest, but get assurance that rates won't change during the period of litigation without prior discussion. Costs quoted can be deceiving. A $50-per-hour fee for a lawyer fresh out of law school is no bargain. Better to pay much more for an experienced senior partner who knows how to get work done in one tenth the time. $25 per hour for law firm's paralegals is too high if they perform a file clerk's job.
Questions to ask. Many law firms have more than one rate for an attorney. Are you getting the best price? Travel time: How much is charged for a day spent away from the office? How many hours count as a day? Are you charged for a whole day if only part is used for your case? What if the trip is for more than one client? Is there a charge for weekends and holidays if the lawyer doesn't work? Tourist or first-class travel? Who pays for the lawyer's meals and entertainment? Disbursements: Are secretarial and messenger work handled as disbursement or overhead? How are duplicating documents in the law office charged?
Client's rights. Law firms are a business like any other. It's proper to demand good service, protest excessive costs, keep lawyers on their toes without compromising their professionalism. Ask for the litigation plan in advance. Who will do what and when? Hold the law firm to the plan. Your counsel should stay with the case from beginning to end, supervise internal administration (including billing), as well as represent your company in court.
Get itemized monthly record of charges.
The record should list everyone working on the case, hourly rate, and time spent. Watch for signs that people already familiar with your company's business are being replaced by staff who must be educated at your expense.
Question overtime closely. Somebody's work is being done during regular office hours; why not yours?
Costly delays can pile up when trial lawyers on opposing sides exchange "professional courtesies" to accommodate personal or vacation schedules. Don't accept postponements unless they will clearly help the case.
Be sure counsel knows enough about your business to handle any questions arising in the courtroom.
Trial lawyers tend to be cynical, need to be sold on the merits of a client's case. The more confident an attorney is that the client is right, the better his performance.

Five Ways Some Lawyers Steal From Clients: 1. Inflating expenses in negligence cases.
Research is a popular dodge. Where the lawyer's fee is one-third of the settlement on a contingency basis, inflated expenses are trimmed off the top before the split.
2. Inflating billable time when the client is paying by the hour. Some large firms create impossible quotas on billable time.
3. Commingling of funds. Collecting money due the client, then putting it in his own account-not the escrow account into which it should go. He gets the interest, or uses the money and pays the client later.
4. Playing cozy with an insurance adjuster. Where a settlement should be $7,500, he agrees to settle for $7,000 if the adjuster will tell the client the settlement is $6,500. The lawyer pockets the extra $ 500.
5. Telling you that he can "fix" the case for a set sum. There's no fix needed, because the case is solid, and the lawyer simply pockets the "bribe."

When To Sue An Attorney For Malpractice: The legal profession is entering its own malpractice crisis. The number of suits against attorneys is increasing and the availability of malpractice insurance is decreasing.
Ground rules for considering a suit against your lawyer:
Where malpractice is charged in connection with litigation, the client must show that the litigation would have ended with a result more favorable to the client except for the attorney's neglect.
Where the attorney fell below the standards of skill and knowledge ordinarily possessed by attorneys under similar circumstances, expert testimony is needed to support the charge. And the standard may be affected by specialization (which raises the standard of care required), custom, and the locality. Locality and custom can't lower the standard, but they may be used in defense to show that the procedure or the law involved is unsettled.
Best way to avoid malpractice charges (and costs of a suit):
Good communication between lawyer and client.
Avoid creating a situation where the lawyer is handling serious matters for personal friends. The tendency is to deal with them on a more casual basis.
The attorney should give an honest opinion of each case, good or bad. The client shouldn't press him for a guarantee as to the result, and a value on the claim.
All fee arrangements should be in writing. The attorney should spell out the scope of his responsibilities, including appeals, and a limit should be placed on costs.
The agreement should provide for periodic payments, unless the matter is one involving a contingent fee, and for withdrawal, if there is a default in payment.