Helpful Tips for Hiring a Lawyer
If you are considering hiring a lawyer, you should research that lawyer, including reviewing whether the lawyer has public discipline and to ensure the lawyer is licensed to practice law in Minnesota. You can check that information on this website.
You can also find additional information about licensed Minnesota lawyers on the Minnesota Supreme Court Lawyer Registration Office site.
The legal system can be complex and lawyers can be very helpful. It is important to make sure you have good communication with your lawyer and you should feel free to ask questions. Knowing what to expect can avoid problems and misunderstandings.
First, have realistic expectations. Some people are dissatisfied with lawyers because they have unrealistic expectations. Ask your lawyer what to expect. Ask how long they think the matter will take? Ask how much it will cost? What are the factors that can be controlled or cannot be controlled that will impact the time to resolution and the cost? How likely is a successful result? Lawyers cannot predict what will happen or how much the matter will cost, but they should be able to share their opinion as to the likelihood of particular outcomes so you can make informed decisions.
Second, have a written fee agreement. Many disputes arise because lawyers and clients have different understandings about fees. Written fee agreements help reduce misunderstandings. And ask for and expect prompt billings. Lawyers cannot change fee terms without your prior approval.
Third, cooperate with requests for information and provide requested information promptly. In return, expect the lawyer to keep you informed and to give you copies of important documents.
Fourth, stay in touch. If your address, phone number or email change, let the lawyer know. If you change your mind about the legal matter or revise your objectives, keep the lawyer informed. If you dispute the fees being charged or anticipate having troubling paying fees, discuss that with your lawyer.
Fifth, communication is key. Expect the lawyer to keep you informed of all important developments. If you are dissatisfied with the level of communication you are receiving from your lawyer, let the lawyer know why. Write to confirm all important understandings. Keep track of telephone calls and written communications with the lawyer.
Sixth, expect your lawyer to act with reasonable promptness and to keep you reasonably informed. If you think your lawyer has been taking too long with your legal matter, write to the lawyer for an explanation. If you do not receive a satisfactory answer, you should consider terminating the representation and filing a complaint.
Seven, clients may change lawyers for any reason, except for clients who have court appointed counsel, where options may be more limited. Changing lawyers may increase expenses or cause delay, but it is your choice to make. If you want your file from your lawyer, call or write to ask for it. If you don’t receive it, follow up. If you still don’t receive it, or the lawyer insists that you must pay copying costs before you can get the file, you should file a complaint.
Eight, if a lawyer is handling money for you, expect them to promptly account to you about their handling. Sometimes lawyers receive settlements or awards for clients. Sometimes lawyers receive advances to be used for client expenses or receive advanced fee retainers that will be applied to attorney’s fees. Lawyers must account to you regarding their handling of these funds and must do so promptly. Lawyers must provide you with refunds for unearned fees and costs upon termination of the representation or upon your request and should do so promptly. If there is a significant delay in receiving money from the lawyer, or in getting a complete accounting, file a complaint.
Nine, you are entitled to conflict free representation or the opportunity to provide informed consent to any conflict. Sometimes lawyers represent more than one client in a matter. In other situations, a lawyer may represent a client and later represent another person opposed to the former client. Sometimes the client can agree to the lawyer’s work even though there is a conflict; this is called informed consent. But lawyers must also keep information confidential and only use it as authorized under the rules. If you believe that your lawyer is acting improperly in representing conflicting interests, file a complaint.
Ten, honesty is a fundamental character trait you can expect from all lawyers. Lawyers may not make knowingly false statements or fail to correct material false statements that have been made by the lawyer, their client or another who is providing evidence, when the lawyer learns the information is false. That said, lawyers may represent their client’s interests, and that can include relying on the client’s version of the facts. Most disputes about the facts are resolved by the courts and do not involve anyone making knowing false statements but rather are disputes in which the court is in the best position to address competing versions of events. If you have evidence that a lawyer has made a knowingly false statement, you should file a complaint including the evidence that shows the statement was knowingly false when made.
There are more than 30,000 licensed lawyers in Minnesota, and most of them are dedicated client advocates who take a great deal of pride in their professionalism and competence. They know they are expected to meet high standards and they work hard everyday to uphold those standards. The ethics rules set these standards and can be found here. If you believe a lawyer has violated any of these rules, you should file a complaint.