How
to Choose a Lawyer
Four factors should be considered when a lawyer is being
chosen: compatibility, competence, cost and character.
Compatibility
The relationship between lawyer and client
is one of utmost trust. The client shares the intimate
details of his life with his lawyer and must do so if
the lawyer is to understand the full dimension of the
task being brought to him. This places the client in
a vulnerable position and underscores the need by the
client to feel that the lawyer has only his best interests
at heart. So the two must work together with common
objectives. In this way, it is important that the “fit”
be right and that the general approach being recommended
by the lawyer accords with the client expectations.
Competence
The increasing specialization in the law raises
a legitimate concern by the client that the lawyer he
chooses be competent in the area of law for the matter
at hand. As such, it is entirely appropriate for the
client to asked pointed questions about the lawyer’s
experience during the initial interview.
Unfortunately, the issue of competence lies mostly
within the judgment of the lawyer. If the lawyer feels
competent to take on the case, or simply wants it so
as to earn the fee, he will be able to persuade the
client that he has seen many such cases and not to worry.
Often the client must use his intuitive sense to decide
whether the lawyer is feeding him a line or whether
he has the requisite experience in such matters.
It is difficult for lawyers to provide references as
all client matters are strictly confidential. Accordingly,
recommendations from friends, family and neighbours
are often the best resource when choosing a lawyer.
Costs
It is important to know, in advance, what you
will be charged for the work that your lawyer does for
you.
The vast majority of lawyers use block fees for straightforward
transactions such as real estate matters or preparing
a will. Complicated matters are usually charged on a
time spent basis: the account is determined by the time
spent multiplied by the lawyer’s hourly rate. Some lawyers
are scrupulous about charging for all time spent, irrespective
of the result obtained, while others apply a discretionary
approach to the final fee, adjusting it up or down depending
on the result obtained, the amount involved, the risk
involved and the importance of the matter to the client.
Prospective clients should specifically ask the lawyer
what his policy is regarding fee adjustments.
While it is necessary for clients to understand and
agree to the financial arrangements with the lawyer
the issue of cost should seldom be the determining factor
in choosing a lawyer. The simple reality is that all
lawyers are expensive. A far more important determinant
is an assessment of the lawyer’s character - will he
do the job for me and will he be fair when it comes
to his account?
Character
The good lawyer is not simply an expert in
his field but a person of prudence and practical wisdom
as well. This is a quality of character - to understand
the human condition and the tangled affairs inherent
in it. Practical wisdom translates into sound advice
for the client.
The client must ask himself whether he wants a lawyer
who will give him sound and objective advice or someone
who will simply do as he is instructed to do. He should
remember that smart lawyers are not necessarily good
lawyers and that a lawyer’s inflated sense of self importance
does not always translate into effective representation.
Finding a lawyer that passes these four tests, compatibility,
competence, cost and character will lead to a relationship
of confidence between lawyer and client. It is a relationship
worth looking for.
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