How to Hire an Attorney
by: Micronesian Legal Services Corporation
Where do I get the name of an attorney?
There are several places you can find out names of attorneys. You can check the telephone book yellow pages. You can ask people you know. You can read the newspapers to see who is making the headlines or publishing notices. You can watch in the courtrooms at the Guma Hustitia or the Horiguchi Building. All of these sources give you some basic information—that there is a practicing attorney by a certain name.
You can get a more complete list of attorneys from the CNMI Bar Association online at www.cnmibar.net.
But having the names of attorneys isn't enough to make sure you choose the right attorney for your case.
How do I get more information?
You can call attorneys' offices and ask questions before you set an appointment. It helps to call several lawyers so you can compare information and make a better choice.
What questions should I ask over the phone?
Ask questions of the lawyer that can be answered briefly, such as the ones listed here. Sometimes the lawyer's secretary or staff may be the one answering the questions because the lawyer is busy. Take notes so if the lawyer says something different later on, you can refer to your conversation with his or her staff.
1. Will you provide a free consultation for the initial interview on this matter? (Some lawyers start charging from the minute you meet them, and others give one free appointment. Before you set an appointment, you want to know whether you will be charged for it.)
2. How long have you been in practice? (Usually an attorney who has been practicing longer has more skill based on their experience. Oftentimes, though, a newer attorney will have more time to devote to your case, or will charge less.)
3. What percentage of your cases are similar to my type of legal problem? (A lawyer with experience in handling cases like yours should be more efficient and knowledgeable. They may charge more per hour based on their experience, but may take less time to finish your case, costing you less for the whole matter.)
4. Can you provide any references, such as other attorneys or clients? (The attorney may be listed in an index called the Martindale-Hubbel, which includes a rating based on other attorneys' opinions and an ethical rating.)
5. Do you represent the opposing party or anybody else that may be involved in my case? (Sometimes you want to start with this question before you give away any information that may later be used against you.)
6. What type of fee arrangement do you require? Are the fees negotiable? (You will want to know if the lawyer requires a down-payment, called a retainer. If the attorney bills by the hour for your type of case, you want to ask how much is the hourly rate and how many hours would it take. If the attorney considers taking your case on a contingent basis, you want to ask what percentage of the winning amount will the lawyer claim and will you have to pay costs in addition to that, or even if you lose?)
If you like what the lawyer has told you so far, you should schedule an initial interview. Be sure to ask the next question.
7. What type of information should I bring with me to the initial consultation? (Attorneys may ask for documents or other information particular to your case to help them get a quick understanding. The more you do to help provide this kind of information, the less the attorney will have to do, and the less work you will have to pay for.)
How many attorneys should I set appointments with?
Plan to follow up your exploratory phone calls by scheduling interviews with at least two of the attorneys. Do not feel embarrassed about selecting only the best candidates or canceling appointments with some of the attorneys after you decide on an attorney.
Whether you are seeking a lawyer for a one-time case or to assist you with a variety of matters over a period of years, you will be sharing details of your life and relying upon this person's expertise and advice. Since this person will be acting on your behalf, it is critical that you feel comfortable with your attorney and have confidence that he or she will hear your concerns in an atmosphere of mutual respect. A personal interview is the best way to make this judgment.
Do not sign an agreement with an attorney if you aren't sure. Do not keep shopping for an attorney if you have already agreed with one to represent you.
What happens at the initial consultation?
This is your chance to tell about your legal problem and what you want to happen. It is the chance for the attorney to decide if he or she wants to represent you.
You will want to ask the attorney's initial impression of the situation (whether your case is strong or weak) and what outcomes are possible in your case. You can also ask how long your case will take, what the total cost of legal services will possibly be and if you win money, how much you might get.
Ask if the case is likely to go to trial or will be settled. Remember that there are many factors in how a case is decided. Generally, you should not believe any promises that you will win for certain.
Ask who will be working on your case. Will this attorney be doing all of the research, case preparation, negotiation, and court work or will associates or non-attorney advocates be handling parts of it? What are the experience and expertise of these other advocates? Will other experts including attorneys be consulted? If so, who will they be? If others will work on the case, what will be the fee arrangement?
Ask about fees and expenses. These are not the same. An attorney's fee is the payment you make for the attorney's time. Expenses refer to a variety of other costs including witness fees, filing costs, copying, messenger service, etc. Although you got information about this in your telephone conversation, you want to review it and make sure there aren't special considerations.
Ask to review the written fee agreement proposed by the lawyer. CNMI law requires written fee agreements in all matters where the fee will be in excess of $500.00. Review the fee agreement closely.
Ask how often will the lawyer bill you. How soon after the billing is payment due? Is a retainer required? Ask what happens if you don't pay.
Decide what type of involvement in the case you want and ask if the attorney is comfortable with that.
When will the attorney be available for meetings? This may be particularly important if you must leave work to meet with the attorney or have other time or travel limitations. Ask how the attorney prefers to communicate with you. (Some attorneys like the telephone. Others use letters. More common now is e-mail correspondence. Some have their staff handle most of the contact.)
How do I figure out which attorney to hire?
You should have a pretty good idea of the attorneys you've met from your telephone call and initial consultation. Now consider some factors like these: Did the attorney seem organized? Did he or she have enough time for your? Was the office staff pleasant? Did the office space meet your expectations?
Most importantly, consider whether the attorney seemed open and responsive to you. Did the attorney understand what you were saying? Did you understand what he or she said? Did the attorney try to communicate with you or merely impress you?
You will probably do better with an attorney who respects you, listens and talks so that you both understand, and is organized enough to meet the needs of your case. If your case is simple, most attorneys will be able to handle the job and you can consider other factors like cost and flexibility, too.
Are there any "secrets" to hiring an attorney?
The process should be open and straight-forward. Some attorneys do not like to tell a prospective client that they don't want to take the case, so they may set an initial retainer amount that is very high so you can't reach it. If no attorney will take your case at a reasonable amount, you need to consider whether your case has merit or value. GOOD LUCK!
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