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1001 Fannin, Suite 1370 Referral: (713) 237-9429 SE HABLA ESPAÑOL |
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Information, Answers and Helpful HintsThis section provides information, answers and helpful hints to common questions about law. You may choose a section from the drop down box below or browse the page:INTRODUCTION Almost everything we do - making a purchase, driving a car, interacting with others - is in some way affected by the law. While it often seems hard to live with laws, it would surely be harder to live without them. The availability of the law can, however, offer a variety of choices. When do you need an attorney? When can you handle a matter on your own? There are many legal situations that you may handle without the assistance of an attorney. However, when circumstances and laws are unique, complicated, or confusing, you may need the assistance of an attorney. The following information is provided in an effort to help determine your best course of action. WHAT IS AN ATTORNEY? An attorney (also called lawyer, counsel, counselor, solicitor, or barrister) is a professionally trained and licensed individual who assists people with legal problems, often times preparing legal documents or representing people before courts and government agencies. WHAT IS AN ATTORNEY'S MAIN DUTIES? An attorney has two main duties: to uphold the law and to protect a client's rights. WHAT ARE THE PROFESSIONAL REQUIREMENTS FOR BECOMING AN ATTORNEY? Each state has enacted standards that must be met before any person can be licensed to practice in that state. In Texas, all attorneys must complete four years of college, three years at an accredited law school, and pass the bar examination. The bar exam tests knowledge in all areas of the law and in professional ethics and responsibility. Once the bar examination has been passed, attorneys must take an oath swearing to uphold the laws and the state and federal constitutions and then become a member of the State Bar of Texas, the licensing agent for the state of Texas. Each year attorneys must meet specific requirements for maintaining his/her law license by attending continuing legal education courses. WHAT IS A"BOARD CERTIFIED" ATTORNEY? In Texas, an attorney may choose to "specialize" in a particular area of the law. To become board certified, an attorney must be licensed to practice at least five years and must meet specific criteria as set by the Texas Board of Legal Specialization. The attorney completes additional education in that area of the law and then takes an examination. If he/she passes the exam, they are considered board certified in that area of the law. It is not a requirement that an attorney be board certified to practice law in the state of Texas. WHAT IS A BAR ASSOCIATION? A bar association is a professional organization for individuals licensed to practice law such as attorneys, judges and law professors. Its purpose is to promote a high standard of ethics for its members and to provide a means by which the administration of justice can be improved. Bar association committees work to improve and simplify laws and the legal process. Many bar associations have Grievance Committees whose responsibility it is to see that the members of the bar adhere to the high standards of conduct that are set by the State Bar of Texas. This committee has authority under Texas Supreme Court rules to investigate the conduct of attorneys. If the committee finds sufficient facts to indicate that an attorney is in violation of the rules, it may file charges. The Grievance Committee then decides whether to order disciplinary action against an attorney and how severe the action will be. Disciplinary action can include a private reprimand, a public reprimand, suspension or even disbarrment. ONCE AN ATTORNEY IS LICENSED IN ONE STATE, MAY HE/SHE AUTOMATICALLY PRACTICE LAW IN ALL STATES? No, to become licensed in more than one state, an attorney must usually comply with each state' requirements. WHAT IS LEGAL ADVICE? When an attorney gives you "advice" it is a conclusion drawn from many years of training and study and perhaps many hours of searching through volumes of written material to be certain that it includes all the laws affecting your problem. In preparing a contract, pleading, or other document for you, your attorney brings the skill and knowledge of the legal profession to that work. IF I HAVE A LEGAL PROBLEM, MUST I HIRE AN ATTORNEY? Not necessarily. There are many resources available to individuals. It's possible that your situation may be resolved through mediation or possibly in small claims court. Contacting the lawyer referral program can help you to determine the best course of action for your specific need. WHEN SHOULD I GO TO AN ATTORNEY? The old saying "an ounce of prevention is worth a pound of cure" is just as applicable in law as it is in medicine. The best time to go to an attorney is before you are in legal difficulty. It is best to consult your attorney before you sign papers or take other action that might seriously alter your legal position. You should consider consulting an attorney when:
There are numerous other reasons why you should consider consulting with an attorney. The lawyer referral service can help you decide what options are available. HOW SHOULD I GO ABOUT CHOOSING AN ATTORNEY? The attorney will be helping you solve your problems. So, it is important that you feel comfortable enough to tell him/her honestly and completely, all personal facts necessary to resolve your problem. A neighbor, relative, friend, employer, will not be able to tell you which particular attorney is best for you. You must judge that for yourself. Most attorneys will allow you to talk with them before making a final decision. If you do not know an attorney, contact Houston Lawyer Referral Service (HLRS) to receive a referral for competent legal representation. The referral program screens potential members and accepts or denies attorneys to its service. Remember that when you have a legal problem, you should go to an attorney. Beware of advice from individuals who are not attorneys. To consult someone who is not an attorney about a legal problem is always risky and often costly. Generally, no two legal problems are alike. ARE THERE ANY PRACTICAL CONSIDERATIONS TO KEEP IN MIND WHEN CHOOSING AN ATTORNEY? Yes, the attorney's area of practice and prior experience is very important. Asking your attorney questions is important and will help you understand what his/her experience has been with similar legal matters. Another consideration is the location of the attorney's office. Also, discuss fees the attorney will charge; How will the fees be billed? and How much time does the attorney estimate it will take to resolve your matter? WHERE SHOULD I START TO LOOK FOR AN ATTORNEY? There are many sources for finding a competent attorney. The Houston Lawyer Referral Service can recommend an attorney for you based on your specific need, financial circumstances, and preferred geographic location. All attorneys who belong to the Service are pre-screened and accepted as members of the organization. Contact HLRS at (713) 237-9429 between the hours of 8:30 a.m. through 4:30 p.m. Monday through Friday, or visit our web site to get a referral on-line. WHAT IS MY ATTORNEY'S DUTY TO ME? Your attorney's principal duty is to see that you are given the benefit of all your legal rights. An attorney is sworn to conduct cases in an orderly way that will assure that they may be decided upon their merits. Your attorney may not make any agreement or incur any obligations that might substantially prejudice your interests, without your prior approval. WHAT IS MY DUTY TO MY ATTORNEY? You should give your attorney all the facts concerning your case and make a full and fair disclosure of the entire situation. In order to serve you well, your attorney must know not only the favorable facts but also those that may be unfavorable. HOW WILL I DETERMINE WHETHER I WANT TO HIRE AN ATTORNEY? Most attorneys will briefly meet with you in order to get acquainted. During (or soon after) the first meeting, you can decide whether you want to hire the attorney. Before making the decision to hire an attorney, you may want to ask certain questions to aid in your evaluation. WHEN I FIRST MEET WITH MY PROSPECTIVE ATTORNEY, SHOULD I ASK ABOUT THE POSSIBLE OUTCOME OF THE CASE? Yes. Ask for the attorney's opinion about strengths and weaknesses of your case. Ask if the attorney will most likely settle your case out of court, or go to trial. What type of experience does your attorney have with trial work? Take caution if an attorney guarantees a big settlement or assures victory in court. HOW IS AN ATTORNEY'S FEE SET? In determining the fee, an attorney must take into account the difficulties involved with your problem, the amount of time it may take to resolve your problem, and the value of the results obtained for you. You should keep in mind that an attorney has certain necessary expenses in order to serve clients efficiently. From the fees, the attorney must pay for office help in addition to office rent and furnishings. It is also necessary to equip the office library and add to it continually to keep up to date with changes in the law. In the interests of a sound relationship with your attorney, you should discuss the fee at your first consultation. Your attorney may not be able to tell you in advance the exact fee, but in most situations there can at least be an estimate of the charge or an explanation about how the fee will be calculated. Sometimes a lawyer's fee is controlled by a statute or fixed by court rules. In some cases that involve the recovery of money, the charge may be based on a contingency fee or percentage of the amount recovered. It may be helpful to have the attorney put the fee agreement or billing arrangements in writing. A written agreement can help you avoid any misunderstanding. HOW DO ATTORNEYS BILL FOR THEIR SERVICES? There are different ways that attorneys may charge for legal services. HLRS recommends that you sign a written fee agreement with any attorney you hire. This agreement will outline what services the attorney will provide and how he/she will be paid for those services. In the state of Texas there are no set fee agreements. Attorney's charge differently based on your specific legal matter, the complexity of the situation, and the attorney's experience in that area of the law. Hourly Basis: An attorney may charge for his or her time on an hourly basis. A deposit, known as a retainer fee, is usually paid to the attorney when he/she is hired. The retainer fee does not represent the total fee, additional hourly fees and expenses, such as costs for filing fees, court reporters, photocopying, travel, or long distance telephone calls may be additional. In certain matters, the attorney may be unable to predict how many hours of work or how expensive the entire case will be, but he or she should be able to give you an understanding of the process ahead and an estimate of total costs. Contingency Fee Basis: An attorney may handle a matter on a contingency fee basis. This means a client does not pay any fees unless the lawyer wins or settles the case. Matters such as personal injury, collection matters, products liability, malpractice and some employment law cases may be handled on a contingency fee basis. In some contingency fee arrangements, the attorney may require the client to pay for certain expenses, such as fees for expert witnesses [An "expert" is a person who, because of his education or specialized experience, possesses superior knowledge about a subject. A person who is qualified as an "expert witness" will be allowed to testify in court to assist the judge or jury in understanding complicated or technical subjects not within the knowledge or understanding of the average person and other expenses as outlined above. Flat Fee Basis: An attorney may handle a matter on a flat fee basis. This means that there is a specific dollar amount for which the lawyer will handle the matter regardless of the hours spent. Bankruptcy, real estate purchases and uncontested divorces are often handled on a flat fee basis. Combined Approach: An attorney may combine several of the above options for a particular case. It is important to understand clearly what fee arrangement you agree to. Ask plenty of questions. SHOULD I "SHOP AROUND" FOR THE MOST AFFORDABLE ATTORNEY I CAN FIND? As with other products and services, you often "get what you pay for" when it comes to legal service. Although you should not expect to get good legal advice without paying for it, you should not pay for more than you get. Examine your billing statement carefully. If you feel that any charges are too high, or if you do not understand a billed item, ask for clarification. Also - if you find a difference in fees, ask the attorney why there is a difference. IS THERE ANYTHING I CAN DO TO REDUCE MY LEGAL COSTS? Yes, answer all of your attorney's questions fully and honestly. If you tell your attorney all of the facts as you know them, it will save on time that might be spent in later investigations of your case. It will also help your attorney to do a better job. Remember that an attorney is bound by ethics of the profession to maintain what you reveal in strict confidence. Also be prepared to share any documents and records that are related to your matter. It is important to tell your attorney facts about your case that reflect poorly on you. These issues will almost certainly be revealed during trial. HOW DO I PREPARE FOR MY FIRST MEETING WITH THE ATTORNEY? When you meet with an attorney for the first time you want to make a good impression. The more organized you are the better the advice the attorney will be able to give. The first step is to call and make an appointment. Tell the receptionist or attorney the purpose for your visit and ask if there will be a charge. Many clients simply need a consultation to determine the best legal remedy for the situation. Take, for example, a person who is undecided about a divorce. After the initial meeting with the attorney, the person may decide that a divorce is not the right solution for them at this time. Be as organized as possible. Make copies of important papers that are relevant to your case because the attorney may need to keep them for future reference. In most instances, you will not be leaving your original documents with the attorney. Write down your questions before your visit. Your organization and desire to focus on your problem will impress your attorney. In some instances, you may find it helpful to bring a family member or friend with you to help write down the advice the attorney gives. If you have a complicated problem you may even want to place different papers in different labeled folders to make documents easy to find as you are reviewing the problem with your attorney. Start the visit by briefly outlining your problem for the attorney, and then ask the attorney for their advice. Remember, when you work with an attorney, you are paying for the attorney’s time and expertise. You can spend your money talking, or you can spend your money listening to the advice you're seeking. At this point, the attorney may ask you some questions. Answer them as truthfully and briefly as you can. Your conversation with the attorney is confidential. You and your attorney are on the same team, and the attorney is getting paid to tell you what you need to hear - not what you want to hear. After you have told the attorney your problem and sought their advice, they will quote you fees for different solutions. We encourage clients to outline the problem, and let the attorney suggest solutions and prices. This works much better than having you, the client, propose solutions. Frequently there will be alternatives to explore that you did not know existed. Once the attorney has outlined the possible solutions and the related fees, you choose a strategy together that you want to pursue (doing nothing is sometimes one of the possibilities). The attorney will frequently have some fairly strong ideas about the timing on your particular problem. In some instances moving quickly is very important and in some instance patience will carry the day. It is very important that you talk to your attorney about the timing of your case. Even though you discuss it at the initial meeting, strategies change. If things are not moving consistent with your initial plan, write to your attorney and ask to know what the new time frame is. Some legal work is straightforward which makes it easy to quote fees. Other legal matters, particularly litigation, is not. Litigation is a fight. When you engage someone in a fight, it's impossible to determine exactly what they are going to do. You can expect that they are going to defend themselves in some way and will frequently counter-attack, or counter-sue. The more you fight, the more time involved, the more expensive the process. The initial consultation is a two-way street. You are making a decision about hiring the attorney, and the attorney is evaluating you as a potential client. Be sure to put your best foot forward. The attorney’s primary considerations are: (1.) Is your goal consistent with the money that you want to spend to achieve it? (2) Are you answering their questions truthfully? and (3) Are you willing to listen to their advice? People don't hire an attorney because they can’t think of anything else to do with their money. They hire an attorney because they have a problem that calls for special expertise. You are hiring an attorney to perform some type of personal service for you, to speak on your behalf, to negotiate for you. The more complicated the problem, the higher the level of service, the higher the fees. Plan to go to the first interview with an open mind. You do not have to decide to hire the attorney until you have had time to think about the interview. Here is a handy checklist of basic questions to ask before you hire an attorney: 1. What is your experience in this field? 2. Have you handled matters like mine? 3. What are the possible outcomes of my case? 4. What are my alternatives in resolving the matter? 5. Approximately how long will it take to resolve? 6. Do you recommend mediation or arbitration? 7. What are your rates and how often will you bill me? 8. What is a ballpark figure for the total bill, including fees and expenses? 9. How will you keep me informed of progress? 10. What kind of approach will you take to resolve the matter - aggressive and unyielding, or will you be more inclined to reach a reasonable settlement? 11. Who else in the office will be working on my case? 12. Can junior attorneys or paralegals in the office handle some of the administrative work at a lower rate? The Houston Lawyer Referral Service does the best that it can to match the expertise level of the attorney to the complexity of the problem. If you would like us to assist you in selecting an attorney for your particular legal problem, please visit the Get An Attorney Referral section of this web site. Or, if you prefer, you may call the Houston Lawyer Referral Service by phone, at 713-237-9429 or 1-800-289-4577 Monday through Friday between the hours of 8:30 a.m. to 4:30 p.m. WHAT CAN I EXPECT AFTER I HIRE THE ATTORNEY? Once you’ve hired an attorney, substantial and frequent contact with you is generally not needed. The fee that the attorney quotes usually assumes nominal contact. However, if you decide that you would like to meet with your attorney to discuss the status of your case or new developments, call and make an appointment. Be sure to ask if there will be an additional charge for the office visit. In some cases, letters are the most economic and efficient method of handling questions WHAT IF I HAVE A PROBLEM WITH MY ATTORNEY? If you have a problem with your attorney, you should first discuss it with him or her. Try to work out any problems. If the problems cannot be resolved, it is your right to fire your attorney and to hire someone else to represent you. If the situation occurs before your legal problem is settled, you should expect to pay a portion of the fee to the attorney for time already spent. The attorney has an obligation to return your file. If you believe your attorney has not acted in your best interests and has thereby done something illegal or unethical, you may wish to file a grievance against your attorney. In such circumstances, contact the State Bar of Texas in Austin at 1-800-932-1900. |
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