How to Choose an Attorney

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When members of the public are asked who they would recommend for legal advice the responses sound something like "My brother-in-law is a lawyer." "Our realtor said Ketchum and Roastum were good lawyers, and they closed the loan on our house." "My banker's golfing buddy is a lawyer, so she must be good."

These are not the best reasons for selecting a professional adviser. It probably becomes a matter of luck as to whether the relationship will prove to be beneficial. Here are some suggestions that may be of benefit in making the initial selection of an attorney.

Check around. Ask business executives for several suggestions. Rather than ask who they used as their personal attorney, ask if they had issues similar to the ones you are facing, and who they would recommend for handling these type matters. As you begin to ask for several recommendations from different people, see if the same names appear on several lists.

Check around among lawyers. Many lawyers will tell you that they don't handle a particular type of problem but can refer you to someone who can. Here again, you may see one or two names "pop up."

Interview prospective candidates. After checking around you should be able to narrow the list of prospective candidates. After you reduce the list of names to two or three, make arrangements to interview these individuals before making your final choice. During the interview you can learn about the lawyer's background, billing rates and practices, nature of the lawyer's practice and whether there is a fit. While you cannot ignore the background charging practices and type of practice that lawyer has, the single most important item is "fit." How well can you work with this lawyer and how much confidence do you have in her? This lawyer/client chemistry is paramount!

Part of the interview process includes being prepared with a set of questions that will give you the information needed to make a decision. These questions should include

• What types of cases do you enjoy handling?
• What types of cases do you do best?
• Do you specialize in any areas of the law?
• Have you handled matters similar to my case?
• What is the charge for the type of work you'll do, and when should I expect to pay?

Consider the size of the firm. Do not be put off by the size of the firm. Sixty to 70 percent of the lawyers who practice in the United States are in firms of one to four lawyers. Both large and small firms offer advantages and disadvantages.

The large firm offers a broad spectrum of individuals and abilities in handling legal matters. However, your matter may not be handled by the lawyer you speak with, but rather by an associate.

The smaller firm, on the other hand, can offer more individualized attention and possibly lower rates. If the matter is complex, a smaller firm may have to refer you to a larger firm. If a smaller firm is chosen, it should be willing to refer matters which it is unable to handle to someone with more expertise in that area. In exchange, the client should be willing to assure the smaller firm that such referrals will enhance the relationship between the lawyer and client and not cause the client to abandon the smaller firm for a larger one.

Consider lawyer referral services. Another way to select an attorney is through a lawyer referral service. Lawyer referral services are quick and easy methods to get the name of lawyer to help you with the particular type of case. These services may be accessed by looking in the Yellow Pages and calling the service for assistance. While the service will give you a name of a lawyer who will be willing to assist you with your legal problem, there is a certain amount of "pot luck" involved. Lawyers often pay a service fee to have their names listed with the referral service. The name given is the next name on a rotating list. This means that you do not necessarily have someone who is right for you or right for your case.

Read. Check with your local library or book store for "how to" books in selecting and working with a lawyer. An excellent resource on choosing the lawyer and managing the relationship is 100 Ways To Cut Legal Fees And Manage Your Lawyer, by Krasnow and Conrad. This 140-page booklet is sold through the National Chamber Litigation Center 1615 H. Street NW Washington DC, 20062, Tel:1-202-463-5337.

What is elder law?

Elder law is defined by the client to be served, and the practice of elder law encompasses many different fields of law. Elder law attorneys use a holistic approach to meet the needs of the older client. Issues addressed in the practice of elder law include:

• General estate planning issues;
• Trusts;
• Administration and management of trusts and estates;
• Disability planning (preparing for the possibility of future incompetency and dependency using powers of attorney, living trusts, advance directives, etc.);
• Medicaid;
• Medicare claims and appeals;
• Social Security and disability claims and appeals;
• Supplemental and long-term health insurance issues;
• Guardianships and conservatorships;
• Long-term care issues;
• Nursing home issues;
• Elder abuse;
• Housing issues for the elderly;
• Age discrimination issues;
• Retirement planning;
• Survivor and pension benefits;
• Health law; and
• Mental health law.

Most elder law attorneys will concentrate in some, but not all, of these areas, so you may need to shop around to find an elder law attorney who regularly handles your specific problem. For more information on Questions & Answers When Looking for an Elder Law Attorney, visit the home page of the National Academy of Elder Law Attorneys (NAELA). To locate a member of NAELA in your area, visit their Web site; click on "Elder Law Resources;" click on "Consumer Directory." You may search for members of NAELA by state (Search for Members by Location) or by areas of expertise (Search for Members by Experience Code).

The North Carolina State Bar's Web site also provides an on-line directory that lists the names, addresses, and phone numbers of the lawyers certified as legal specialists in Estate Planning and Probate Law by the North Carolina State Bar Board of Legal Specialization. The specialty of estate planning and probate law is the practice of law dealing with planning for the conservation and disposition of estates, including consideration of federal and state tax consequences; the preparation of legal instruments to effectuate estate plans; and the probate of wills and administration of estates, including federal and state tax matters. For your convenience, each specialist is listed alphabetically under the city in which he or she practices. North Carolina State Bar Directory of Legal Specialists.

For information about the lawyers who contributed to the development of this Web site, Planning Your Estate, please click here.

You may also find an attorney through the North Carolina Lawyer Referral Service, a non-profit public service project of the North Carolina Bar Association. 1-800-662-7660 (Wake County residents call: 677-8574).

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Prepared by Laurence S. Graham, who practices law in Greenville, North Carolina, and
Carol A. Schwab, Professor and Extension Specialist, NC State University.

This publication is provided as a public service and is designed to acquaint you with certain legal issues and concerns. It is not designed as a substitute for legal advice, nor does it tell you everything you may need to know about this subject. Future changes in the law cannot be predicted, and statements in this publication are based solely on the laws of North Carolina in force on the date of publication.

Date: July 2000