CHOOSING AN ATTORNEY

Choosing an attorney or whether to obtain legal representation at all is the most important step you are going to take in solving your legal problem. As such, it should not be made in haste and should be made after careful research and forethought. Finding an attorney that properly meets your needs may be one of the most important factors determining whether you obtain the results you desire. The following are words of advice to help you in choosing a lawyer.

SHOULD I OBTAIN OR CONSULT A LAWYER ABOUT MY LEGAL PROBLEM?

Yes. Yes. Yes. There is an old adage that is very true, "a person who represents himself has a fool for a client". I have seen this to be true time and time again. Problems that commonly arise are procedural problems. Knowing how and where to file a claim. Knowing how to get a Defendant properly served. Knowing how to get a hearing date. Ignorance of the law. Knowing how to properly state a claim. Knowing how to request relief that will or can be granted. There are many limited time frames in the law, and failing to meet a deadline could result in your claim being dismissed or more likely in the Judge making rulings that will seriously prejudice your case. One thing you need to understand is that 75% to 90% of the work involved in a case is done outside of a hearing or trial. Often, this work is done without the client really truly knowing, realizing and understanding what is going on in his/her case. There are many pitfalls in perfecting a legal claim or document, and in some cases these pitfalls may not even be noticeable until years down the line. You need an attorney to help you avoid these pitfalls.

What if your claim is so small as not to warrant spending much, if any, on legal fees? I often speak to clients who have claims for $500, $1000.00, $3000.00, etc.., but my attorney fee would be just as much or more as the amount of money involved. I also speak to clients who want a solution to an irritating problem in their life, but are not willing to spend more than a nominal amount of money to solve the problem. If you fall into these categories and are seriously considering representing yourself whether in a criminal matter, collection of an account, preparing a legal document, etc... then have a consultation with an attorney. The cost of a consultation is usually relatively small with most attorneys ($50.00-$150.00). However, the length of the consultation is usually a large factor in the amount of the consultation. Ask the attorney about what forums you may be able to obtain relief from, a description of the process and what you need to do to properly prosecute your claim, possibly research and copy the statute(s) covering your case (although this will probably cost extra), to review documents and point out possible problems, and to answer any other questions you may have concerning your case or document.

WHAT SHOULD YOU LOOK FOR IN CHOOSING A LAWYER?

The number one way I get new clients is by referrals. Talk to others about their experiences with different lawyers. A couple of caveats to consider about referrals. First, only lawyers are really able to evaluate other lawyers. I know several attorneys who have happy clients and good client communication skills, but their actual work is not at the highest standard. Second, an attorney who is skilled and good in one area of the law may not be so in another area. A good divorce attorney may not be a good criminal lawyer. A good real estate lawyer may not be a good personal injury lawyer.

Personality. The attorney-client relationship often becomes a close personal type of relationship. You, the client, are having to rely and trust your attorney to help you with your legal needs. Different lawyers have different personalities. You need to select an attorney with a personality you desire and feel comfortable with. Some clients want an attorney who is a pit bull to rake their opponent over the coals. Some clients want an attorney who is arrogant or appear sneaky. Both, Bob Young and Robbie Young, are straight shooters. We will give you a realistic view of your case and work on your case with competent efficiency.

Specialty. Some areas of the law are more complicated than other areas. If your case or problem involves a complicated area, seek a specialist. Areas such as workman's compensation, tax law, discrimination, employment law, banking law, etc... are highly regulated areas. It is impossible for an attorney to know everything involving every area. We at Rhine, Rhine & Young routinely handle real estate matters, banking matters, bankruptcy, domestic relations (divorce, adoptions and guardianships), estate planning (wills, trusts and probate), social security disability, collections cases, and insurance claims.

Communications. How easy is it to talk to your lawyer? At Rhine, Rhine & Young, we make it a high priority to be available. We do not have long hold times and you can talk directly to the attorney, not some assistant. Messages can be left with a live person, rather than voicemail, and we return messages promptly.

WHAT YOU SHOULD AVOID IN SELECTING AN ATTORNEY?

I would suggest avoiding: attorneys who continually give you circular answers to your questions; attorneys who have numerous complaints against them (there is usually a reason when numerous clients are unhappy); attorneys chosen on lowest fee alone (you usually get what you pay for); attorneys who have an unusually high fee (you are probably being overcharged); and an attorney who you do not feel comfortable with.

There are several options available depending on the type of case. Criminal cases in which a person is charged with a felony have a right to a court appointed attorney. Civil cases or cases for money damages can be filed in small claims court if the damage amount is under $5000.00. In civil and some other types of cases, such as Social Security Disability, Personal Injury, Insurance cases, etc... where a sufficient amount of money will be awarded to you, attorneys will often be willing to take these cases on a contingency fee (attorney gets a percentage of all money collected, commonly one-third). Family law problems (divorce, custody, etc....) and other non-monetary or criminal matters will often be covered by Legal Aid if you request assistance and are eligible. If you are elderly, AVLE (Arkansas Volunteer Lawyers for the Elderly) may help you receive free legal assistance. Discrimination claims, after a complaint has been filed in federal court, are eligible for a court appointed attorney if after attempting to obtain one, the claimant is unable to afford an attorney. Different areas have different pro bono (free) attorney services. Contact several attorneys in your area and request what pro bono programs are available.

Social Security Disability: 25% of back pay

Uncontested Divorce: $500.00

Chapter 7 Bankruptcy: $700.00

Personal Injury, Auto Accident, Fire Loss, & Insurance Cases: 33% to 50% contingency fee depending on case

Disclaimer: This is not a price quote. Please contact us for an actual price quote. The facts of your case may alter the difficulty of the case causing our price to be adjusted accordingly.

**Price listed is for attorney fee only. Price does not include costs associated with the case.

AVERAGE COSTS

Filing Fee, State Court:         $100.00

Reopen Fee, State Court:      $30.00

Filing Fee, Federal Court:     $150.00-$200.00

Process Server:                       $50.00 - $80.00 per defendant

Certified, Registered Mail:    $8.00 - $10.00 per letter

Experts:                                   Fees vary greatly. 

Court Reporter:                      Depends on amount of time of deposition.

Subpoena:                               $10.00 for issuance, $30.00 witness fee,

                                                mileage if out of county, and must have served.

Garnishment:                          $10.00 for issuance, and must have served.

Last Updated:  July 29, 2003