Finding the Right Lawyer

By Deborah Daley

Law. The word has only three letters but a great deal of power and impact. Laws are rules that bind citizens living in a community. Good laws are designed to protect the safety of people and ensure their rights against abuse by others, including individuals, groups, and the government. As William Fulbright said,“Law is the essential foundation of stability and order both within societies and in international relations.”

The law permeates our society. Some of our favorite television shows and books revolve around the legal system. Students attend special schools of law to become trained lawyers. Courts are filled with cases. As citizens, we have an obligation to respond when we receive a jury summons. The law is all around us.

As a citizen, it is important to know the law. Legal issues can range from traffic rules to food safety, from discrimination to bankruptcy, from child custody to estate planning, and more. Even if you are never involved in a criminal or civil action, it’s important to understand this aspect of our lives.

However, a citizen’s basic understanding of the law will not be enough if you face a complicated legal issue. In those cases, it’s vital to have the expertise of a lawyer. Just as it’s wise to hire an experienced professional to fix a broken pipe, clean your teeth, or rebuild a transmission, it is wise to hire a professional—an attorney/lawyer—to represent you in the legal system. Their knowledge and expertise can benefit you greatly.

Some people still choose to represent themselves on legal matters. However, there are many reasons to hire an attorney. Some general considerations can help you make the decision.

It’s not enough to merely decide that you need legal representation—choosing the right type of lawyer is also critical. There are many types of lawyers, and picking the right one might seem intimidating, since picking the wrong one can be a disaster. As with any consumer transaction, the first step is to gather some information. You are the customer here. You should evaluate legal services much as you would evaluate your options before making a major purchase like a house or a vehicle.

Compile your list of potential lawyers by seeking personal referrals from family, friends, and colleagues. That is a great way to start. Another important source is the state bar association. Credentials and areas of expertise are listed on these websites.

Even if you are never involved in a criminal or civil action, it’s important to understand this aspect of our lives.

Once you have a list of potential attorneys, evaluate them in person. Many offer free initial consultations. Bring a list of questions. Include inquiries about their area of expertise, costs, their legal support team, and their communication process. Lawyers represent many individuals, so it is important that you set up parameters on issues like response time and forms of communication. If someone just doesn’t seem like a good fit, move on.

First of all, consider your comfort level with the legal issue at hand. Do you know enough about the issue, understand the legal terms and concepts, and feel confident that you can express yourself persuasively? If you need to do complicated estate planning or are part of complex business transactions or contracts, it’s always wise to get expert representation.

Second, consider the consequences. Some traffic violations, crimes, and even types of tax fraud can result in arrest warrants. If you want to avoid jail time, get a lawyer involved. You want an attorney to mitigate these issues. You should also consult a lawyer if you stand to lose a great deal of money. If you can’t afford to lose the case, hire an attorney.

Third, consider whether or not injury was involved. From vehicle accidents to a pet biting someone, let the experts handle cases of bodily injury. Emotions can get heated and financial claims are often made. Even if the injury is not physical, emotional injury can also raise the temperature of a case. In a divorce, for example, it’s always advisable to have a lawyer represent you, especially if your opponent has an attorney.

Having the right lawyer who practices the right type of law improves your success rate immensely. Just like other professionals, attorneys concentrate their expertise in various aspects of the law. The better informed you are on their special areas of expertise, the easier it will be to choose the right person to support your legal needs.

The law can reach into almost every aspect of our lives. Some of the most common intersections between citizens and the legal system include family law, real estate, criminal or civil court, elder law, estate/trust planning, and corporate and franchise law. Let’s take a brief look at what kind of issues each of these types of attorneys would be well prepared to address.

Family law attorneys manage legal dealings between members of the same family. Some of the most common issues that lawyers resolve include divorces, guardianship, emancipation, child custody, adoption, and abuse and neglect. Having a third-party professional can save time, money, and relationships. Lawyers can often act as mediators.

Real estate lawyers are licensed to practice real estate law, having the knowledge and expertise to advise parties on real estate transactions such as a home sale. Some states require real estate attorneys for such purchases, though Nebraska and Iowa are not on that list. Given your level of comfort with real estate, you can decide whether you need one or not.

Criminal attorneys are those who defend individuals in federal, state, and appellate court. If you are charged with a crime by the state or federal government, you are entitled to a defense attorney under the law. A defense attorney will do client interviews and case investigation, draft documents such as pleas or counter claims, conduct settlement agreements, support jury selection, and appear and argue on behalf of clients.

A civil lawyer is a blanket term for those who practice non-criminal law. These litigators can practice in several areas but often specialize in one, such as personal injury or estate planning. When looking at their resumes, see if they practice in the area of support you need.

Elder law addresses the special legal needs of senior citizens. As a society, we are living longer, and we need more help than ever to deal with things like long-term Medicaid planning, conservatorships, trusts, asset preservation, and more. The laws surrounding the benefits of Medicaid, for instance, have become increasingly complex and are often difficult for people outside the industry to understand. A lawyer can help navigate these legal waters.

Estate planning or trust planning attorneys help with such things as preparation of wills, powers of attorney for someone of your choosing to make financial and health decisions on your behalf, advance medical directives, and guardianships.