What to Expect When Hiring an Attorney

    Our firm decides every day whether to accept a particular case.  Many factors go into that decision, especially in the area of law in which I concentrate, medical malpractice.
    But I think it is just as important to see it from the other side – from the perspective of the client.  What can a consumer expect after hiring an attorney?
    There is some basic information that can be helpful to someone who has never had reason to speak to a lawyer.  These same points also can serve as a poignant refresher even for those who have had previous contact with the legal system.
    First, a person has to be realistic about whether her case is viable.  Too often people think that hiring a lawyer automatically solves their problems.  If a person has been wrongfully injured and has suffered damages, a lawyer can help.  On the other hand, solutions of revenge, retribution and retaliation have no place in the legal system.
    It is important to meet the lawyer, if possible, in the office.  The client should see where the lawyer works.  Observe the feel of the office to see if it will be a good fit.  After all, the lawyer is being asked to be responsible for representing the client in a matter of great importance, often involving intimate details.
    If visiting the lawyer’s turf just isn’t possible, the client should ask the lawyer to come to see her somewhere that is possible.  If the lawyer can’t accommodate that request, then imagine how busy he will be later when the client tries to get his attention.  Keep in mind that the client’s presence will be necessary at the lawyer’s office, the other side’s lawyer’s office or the courthouse as the case progresses.
    It is best to put in writing an agreement on the terms of representation by the lawyer.  Handshakes and a wink are not acceptable.  The terms of the agreement should be explained to the client’s satisfaction. If the lawyer is working on an hourly basis, billing must be clear and thorough.  There are no secrets or surprises here.  The more straightforward the lawyer is, the better.  Now is not the time for anyone to be coy or shy.
    Clients need to know what to expect.  The lawyer should explain that in the Chicago area, a civil claim can take two to five years to reach completion as the case winds its way through the system.  For a complicated case involving numerous parties and complex facts, it could possibly be even longer.
    Clients need to know that they have the responsibility of gathering records and any other pertinent materials to which they have access.  If the event has been in the news, it is probably better to have your lawyer deal with the press.  Any statements made to the media should be carefully thought out.  Sometimes it is difficult for the person involved in the events to think clearly and realize all of the ramifications involved in speaking publicly about something so close to them.  The instinct may be to immediately try to explain one’s self or point blame.  Leave that to the lawyer’s judgment.
    Check out the firm’s website.  Make sure that the firm has experience in the area in which you are dealing.  Certainly every lawyer requires training, but the client needs to know that a lawyer who has dealt with the particular area of law is overseeing the case and strategizing on its course for trial.
    Beware of lawyers who advocate early settlement.  Certainly a lawyer and client must be open to early resolution if it is the right result, perhaps in alternative dispute resolution such as arbitration and mediation, but it is not a good idea to be working up the case assuming that it will settle.  Every case should be prepared as if it is going to trial.  If it is settled before verdict, the lawyer needs to clearly explain her recommendation for settling to the client.
    Where the representation by the lawyer should begin by flushing out the facts and hiring experts, if necessary, to explain those facts.  The client needs to work with the lawyer in providing names, contact information and details that will help build a winnable case. 
    Studies have indicated that the single most important aspect of the attorney-client relationship is communication.  It is imperative that the lawyer explain the process so that the client can make informed decisions regarding his or her case.
    Clients should be made to feel that they are important.  A client should be informed of all significant legal events or be given an explanation if there is a great lapse in time since something significant has happened.  Most importantly, the client needs to know the lawyer is accessible.
    A comfortable, trusting relationship is being built during a very stressful time for the client.  The lawyer needs to listen, be empathetic and offer straight advice.  The client should not be seeking a best friend but should be looking for a strong advocate.