First, it is to your benefit to contact an attorney as soon as possible. I have had clients that call me immediately after they have been arrested and I was able to prevent or at least circumvent detectives from speaking to them. This is important since it stops my clients from saying the “wrong” things and possibly incriminating themselves. Unfortunately, I have also had clients that will call me after they went to the police station after being “invited” to visit the detective so they can hear his/her side of the story. But then surprisingly (or not), soon thereafter, they are served with a criminal complaint and/or arrested for a crime they thought they had “fixed” by talking to the police.
Next, develop a clear understanding about what you hope to accomplish by meeting with the attorney. Many of my clients who are in trouble, either by allegedly committing a crime or in removal/deportation proceedings due to a prior criminal conviction come to me frightened and mostly unaware of what to expect. This is understandable. Dealing with either the criminal courts, the police, the prosecutors or the Department of Homeland Security are extremely confusing and complex. An effective and experienced attorney should be able to immediately steer you in the right direction. If not, be wary of this person’s lack of abilities.
Finally, you will want to become familiar with the different billing (payment) methods attorneys use. Attorneys will either bill you on an hourly basis, a flat fee or contingency.
Some types of cases are more expensive to litigate than others. For example hiring a lawyer to fight a traffic ticket will cost less than hiring a lawyer to fight a felony criminal charge. It is not always true that best lawyers costs the most, but the best lawyer usually do not charge the lowest rates. The more experienced an attorney, the more likely you will be paying higher for her expertise and knowledge.
The hourly rate speaks for itself. Again, depending on the type of case and level of expertise of the attorney, the rate will differ significantly. A flat fee is that notwithstanding how many hours are spent on your case, a sum certain will be charged. A contingency fee is typically in civil cases, particularly personal injury or workers’ compensation. The attorney will not charge an attorney fee unless money is recovered on your behalf. But be very careful that you are not liable for legal costs such as filing fees or any other costs involved in the litigation.
Always have a written retainer agreement. This agreement should accurately describe the legal issues that the attorney will represent you, the amount that you will pay and other terms or conditions of the relationship. I just represented a client recently whose son is in very serious trouble and was not happy with an attorney that she hired for a substantial amount of money. This attorney had advised her that the parents could not fire him. This is not true. While the minor is my client, the parents as guardian, have every right especially since they paid the fee to make the decision to fire this attorney. The attorney works for you. You have the right to terminate the relationship with an attorney.
The most important factor in choosing an attorney is finding someone with whom you can have an effective and comfortable client/attorney relationship. I don’t know how many times I have heard from clients that their previous attorney never called them back or was generally unresponsive. To ensure that your case is litigated effectively and you are represented adequately, an honest and open dialogue is necessary. This is the key to my success in representing clients that come to me very scared of being put in prison or deported. Ideally, the client should be able to trust that the attorney is working hard so that the client can be rest assured that his/her case is being properly handled.