Risk Manager
Hiring the Right Attorney
Different situations can require different legal skills.
BY JEFFREY D. WEINSTOCK, ESQ.

At some point in your personal life or professional career, you're going to need the services of an attorney, either for a specific situation or to handle your routine legal needs. If you ever have to deal with a malpractice lawsuit, your insurance company may provide the attorney. But you'll need to hire a lawyer for such things as setting up a practice, reviewing leases and employment agreements, and for family issues such as estate planning, divorce or arranging elder care.

In this article, I'll offer guidance on how to choose the attorney who will best meet your needs in any situation for which you need legal counsel.

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PLACING YOUR TRUST

Choosing an attorney can be difficult, but it's always an important decision. Attorneys and physicians have something in common. You both perform in highly specialized areas, which makes it difficult for a person without that same specialized knowledge to judge how well the work is being performed -- sometimes until it's too late. Hiring an attorney can be likened to choosing an auto mechanic: You try to find one with a good reputation and then you place your trust in him. You can ask questions, such as why the attorney recommends taking a specific action, but eventually you'll have to let the attorney use his professional skills and judgment.

Attorneys tend to specialize in specific areas of the law. That's why it's necessary to use a lawyer who possesses the skills and experience that fit a particular situation. Some lawyers may be reluctant to refer you to another attorney for fear that they might lose you as a client. But just as you wouldn't go to an ophthalmologist to have your appendix removed, it's probably not in your best interest to have an attorney who specializes in wills and trusts attempt to solve your Medicare billing or anti-kickback problems.

It's impossible for any attorney to be an expert in every area of the law. If I were going to hire someone to help me with a Medicare billing problem, I would want a person who deals in those issues on a regular basis. Anyone familiar with Medicare knows that Medicare regulations are complex, constantly changing, counter-intuitive and almost impossible to master by dabbling in them.

It may be difficult to tell an attorney with whom you've had a long relationship that you'd like someone else to represent you in a specific situation, but a good attorney will understand and recommend qualified counsel.

MAKE THE RIGHT CHOICES

Once you recognize that one attorney may not meet all of your needs, here are some other factors you need to consider:

Should you use a big firm or a small firm? There's no right answer to this question. If you hire an attorney from a large, well-established firm, you're also hiring the firm. Although this may result in higher fees, it's less likely that a large firm will disappear when trouble arises, or that it will have no malpractice insurance.

Another potential advantage of a large firm is that an attorney should always be available if a problem arises, even if your own attorney is away. (But keep in mind that they will charge you to bring a new attorney up to speed.)

Also, large firms may have attorneys who practice in several different areas, providing greater resources to you and your attorney. While such variety may not be necessary and can add expense to straightforward tasks such as preparing a simple will, it could help in a complex practice restructuring involving tax considerations, employment issues and corporate law. It may also be helpful to have all of your practice's records with one firm.

On the other hand, small firms or solo practitioners with adequate malpractice insurance can also provide capable representation. A small firm can often provide more personal service and may charge less. But large firm or small, you're basically hiring an individual you can trust.

Should you ask for a fee estimate in advance? To reduce the possibility of a dispute regarding the attorney's fees, it's a good idea to ask the attorney for an estimate of how much the matter will cost. Although some matters, like litigation, contain many variables that can't be exactly pinpointed, the attorney should be able to give you a range of estimates based on past experiences in similar instances. For other legal services, such as setting up a corporation or preparing a will, many attorneys will work on a flat-fee basis.

Should you question your attorney? Attorneys aren't perfect. Don't be afraid to ask questions. When hiring an attorney, you have every right to ask about his qualifications and experience. You may also request references.

You can ask an attorney that you've retained why he recommends a specific course of action. If you believe another action is better, ask why he has advised you the way he has. Attorneys and doctors can learn from each other. No matter how much legal experience an attorney may have, you know medicine better and may be able to help your attorney make certain decisions. However, keep in mind that attorneys charge by the hour, so repeated requests for information or long strategy conversations will result in a bigger bill.

Read every letter and document your attorney sends you. Although an attorney should proofread every document that leaves his office, mistakes can occur. If you discover an error after you sign a contract, it's more difficult to fix than if you catch it before you sign. Sadly, most errors aren't discovered until later, when there's a dispute and you have to refer back to the agreement.

GET THE BEST; HAVE NO REGRETS

Remember, the attorney you select will be serving as your adviser, partner and protector in matters where the stakes can be very high. Make sure you have the best representation possible now to avoid having regrets later.

Jeffrey D. Weinstock, Esq., is the Assistant General Counsel of Cyber-Care, Inc. Based in Boynton Beach, Fla., Cyber-Care is a technology-assisted health management company. Risk Manager provides a general summary of legal issues and should not be construed as personal legal advice. Application of these principles varies according to individual situations.