| How
to choose a lawyer - By Tim Barkley |
"How much is a simple
will?" The question from the telephone earpiece was
politely asked, but missed the point. While price is
important, legal services are not interchangeable
commodities. A will from one attorney is not the same as a
will from another attorney – all wills are not created
equal.
This writer has spent a career fixing documents drafted by
other attorneys. Worse, our offices have served clients
who have been harmed by fundamental errors in the estate
plans of loved ones who have died.
While any attorney can make mistakes – after all,
attorneys are human, too – no one can maximize
effectiveness in all fields. If your surgeon also worked
in a car repair garage and a tailor’s shop, you might
justifiably be concerned that he or she might not be
keeping up with the most current techniques and
information in the field. The same might be true of an
attorney who is a "jack of all trades."
After determining that your prospective attorney is
qualified, find out whether you "get along" with him or
her. Different professionals have different bedside
manners, to borrow a phrase, and what pleases others might
not please you. Try to meet with your attorney to
determine whether the relationship is a "fit." Referrals
from friends who know you can be helpful in this regard.
Any businessperson can be tempted to see you as simply a
potential means of income rather than as an individual who
has been entrusted into his or her care, someone for him
or her to serve and to be a steward of your trust. A
healthy professional relationship, based on mutual respect
and dignity, is vital in dealing with someone who has
access to your most confidential and privileged
information, entrusted with the fulfillment of your
dreams.
Your attorney should give you a clear explanation of how
and why you are being charged. Make sure you understand
the complete picture – what documents or services are
usual and customary, what the cost will be or how the
costs will be computed. In the estate planning market, for
example, make sure your fee estimate includes wills or
trusts as needed (for minor children, for example), powers
of attorney, and medical directives. Too often the quoted
fee is only for part of the plan or services needed, and
the final fee is much higher than the quoted fee.
When you meet with your prospective attorney, does he or
she treat you properly, or does he or she condescend or
patronize you? Many attorneys fall prey to the temptation
to use high-sounding phrases to establish superiority. An
attorney who does not respect you will not serve you well.
You are the boss. Your attorney works for you. The
attorney who forgets this is not worthy of the fee.
Most attorneys are competent, personable and professional.
Make sure that your prospective legal counsel meets your
unique needs. |