Find a Pre-Screened California Lawyer Now by Calling 800-723-1391
A PRACTIAL GUIDE TO HIRING A LAWYER: If you need to find a Pre-Screened Attorney please call our referral center at 800-723-1391 or fill out the online lawyer referral request form.
Attorneys certified by this service:
- Are always monitored for performance and customer satisfaction.
- Have a proven track record.
- Are in good standing with the California State Bar.
- Are not and have never been under investication for unethical practices.
- Charge reasonable legal fees.
- Provide FREE confidential initial consultations.
- Are insured.
- Meet minimal experience and credential requirements set forth by this service.
ABOUT 1000ATTORNEYS.COM: Certified by the State Bar of California (Certification # 0128), 1000Attorneys.com is a single point of contact to find pre-screened attorneys in California. The lawyer referral & information service complies with rules and regulations set forth by the Bar and the Supreme Court to provide quality attorney referrals to California residents. Lawyer referrals are unbiased and impartial. 1000Attorneys.com is not an advertising venture for attorneys nor is the service own or operated by attorneys who receive referrals.
The 1000Attorneys.com lawyer referral program in Califonia is a public service designed to increase access to the justice system. When you call the lawyer referral hotline, the legal analyst will assess your case and refer you to a pre-screened attorney experienced in the area of law that your case requires.
For more information about hiring a qualified attorney, please review the information below.
|
| I. Introduction |
|
| II. When do you Need a Lawyer? |
|
| III. How to Find a Lawyer |
|
| A. Referrals |
| B. Lawyer Referral Service |
| C. Unauthorized Practice of Law |
| D. Legal Services |
|
| IV. Hiring a Lawyer |
|
| A. What to Expect |
| B. What to Ask |
| C. Get it in Writing |
| D. Establishing the Ground Rules |
| E. Your Rights and Responsibilities |
| F. The Lawyer's Rights and Responsibilities |
| G. How to Transfer to Another Lawyer? |
| H. Concluding your Matter |
|
| V. Lawyer Regulation |
|
| A. Local Mediation Programs |
| B. Client Protection Fund |
| I.Introduction |
|
| The Lawyer's role in society is to provide people with legal counsel
and to help resolve situations that arise in their business and
personal lives. As we move through life, it is normal to require
the services of a lawyer from time to time. For individuals,
situations that most often require the services of a lawyer include
drafting a will, selling or purchasing a home, obtaining a divorce
or handling a dispute regarding children, or automobile related
matters. Lawyers best serve their clients by being vigorous but
objective advocates and advisors. Lawyers receive special training
to be able to see "all sides" of any situation because only by being
able to see things from all sides can a fair and lasting resolution be
achieved.
|
 Top |
| II.When do you Need a Lawyer? |
|
| In today's society where seemingly harmless acts, like
downloading music fi les, can land you in a messy legal battle, you
may ask yourself if we have reached a point where a lawyer is as
necessary as a mobile phone. There is no right or wrong answer
to the question, nor is there a set formula for figuring out the
answer.
|
| Legal representation can be divided into two main categories:
Criminal law and civil law. |
| In criminal law cases, because the defendant is generally faced
with the prospect of going to jail or prison, the assistance of a
lawyer is so strongly recommended that the courts sometimes
take over the financial burden and appoint a lawyer for those
who cannot afford to hire one. There may be occasions where an
individual decides that he or she does not need a lawyer, but
those instances are rare. Generally, hiring a lawyer is highly
recommended in criminal cases. |
| Civil law includes every other type of law such as contracts,
divorces, wills, personal injury, landlord/tenant, probate,
litigation, etc. Factors to consider in determining whether to hire
a lawyer include: the complexity of the matter, the eff ect it could
have on the life or lives of those involved, and the cost of the
lawyer, among others. It is a good idea to consult with a lawyer
to determine whether his or her services are required. |
| Top |
| III. How to find a Lawyer |
| A. Referrals |
| Finding a good lawyer is like finding a good doctor; the best
way is to ask people whose judgment you trust for the name
of a good lawyer. You should ask people who are in business
and regularly interact with lawyers - people like your
accountant, doctor, or financial advisor. |
| You can also find a screened attorney by consulting with a State Bar Certified Lawyer Referral Service such as 1000Attorneys.com. Certified lawyer referral services ensure the attorney meet minimun working experience requirements, that the attorney's license in in good standing with the State Bar among other factors. More importantly, each referral is unbiased and impartial. To find a pre-screened lawyer call 800-723-1391 or fill out the online the lawyer referral form. |
| Top |
| B. Unauthorized Practice of Law |
| Any time you are asking someone to give you advice about
legal issues or to assist you in preparing legal documents you
should ensure that the person is qualified to assist you. It
sometimes happens that non-lawyers will tell you that they
can handle your matter or lead you to believe that they are
lawyers. It is the practice of law when a person or company
says or does something on behalf of another person that
involves taking a general legal principle, applying the
principle to the facts of a case and making a decision about
the legal issue or issues concerning the case. It is the
unauthorized practice of law for a person to use legal
discretion on behalf of another person, or draft legal
documents or practice law for another person, when they
are not legally authorized to do so.
|
| Hiring a non-lawyer may actually put you in a worse position.
You end up having to pay a lawyer not only to handle the
original matter, but also to fi x additional problems caused by
the non-lawyer. To avoid losing your money to someone who
is not authorized or qualifi ed to provide legal services, ask for
the lawyer's bar number.
|
| Top |
| C. Legal Services |
| Legal services organizations may be an option if you need
assistance with certain issues, such as housing, eligibility for
government services, consumer problems and sometimes
family law problems. Legal services organizations, or
"legal aid," provide free or reduced cost legal advice and
representation.
|
| Generally, there are income and other eligibility criteria that you must meet in order to qualify for services. If you qualify, these legal services organizations
may give you legal advice, information to help you represent
yourself, or represent you in court proceedings. Your first
contact with a legal services organization will usually be over
the telephone in a preliminary screening or through an initial
office visit. You may find out about your local legal service
organization in the phone book, through the State Bar of
California.
|
| Top |
| IV. Hiring a Lawyer |
| What to Expect |
| The first meeting with a lawyer is frequently called a
"consultation." This is an opportunity for the client and
lawyer to get to know one another and to discuss the client's
legal matter. Some lawyers will offer a free consultation or
a discounted rate for a short consultation. You should ask if
there will be a charge for your first meeting with the lawyer
when you call to set up the appointment.
|
| A good lawyer will be honest, and may tell you things that
you do not want to hear, such as "you do not have a case."
A good lawyer will also take the time to meet with you.
You should not feel rushed to complete the meeting.
If you are not satisfied with your meeting, you always have
the option to talk to other lawyers about your case. You
should be completely comfortable with the lawyer you hire.
|
| Top |
| B. What to Ask |
| Do not shy away from asking "tough" questions. |
| . Ask about the lawyer's experience in handling matters
similar to yours and how long the lawyer has been in practice.
While it is okay to ask the lawyer to provide examples of prior
matters, you should keep in mind that the lawyer cannot
share other clients' secrets and/or confidential information.
The information provided in response to inquiries regarding
prior matters will, in all likelihood, be general in nature.
|
| .Ask whether the lawyer has ever been professionally
disciplined, and if so, whether he or she is now in good
standing with the Bar.
|
| . Ask how long it will take to complete the services. But
always remember that things can happen which will aff ect the
length of time that may be required for your case to be
completed and lawyers cannot guarantee a particular result.
|
| .Ask whether there are alternatives to the course of action
recommended by the lawyer. For example, if you are meeting
with an Estate Planning lawyer, you may wish to ask about
the differences in cost and function between a simple will and
a more complicated trust.
|
| . Ask whether the lawyer carries malpractice insurance. You
are entitled to ask this question. If the lawyer does carry
malpractice insurance, you may ask that the name of the
insurance company be included in the written retainer
agreement and that the limits of the policy and the type of
policy be disclosed to you. California, like the majority of
states, does not require lawyers to maintain malpractice
insurance.
|
| . Ask the lawyer any question that you have regarding your
matter. Th ere are no stupid questions. Legal matters can be
complicated and confusing. Th ey are very important and can
have a great impact on your life. Do not hesitate to ask
someone with knowledge to help explain things to you.
|
| Top |
| C. Get it in Writing |
| Make sure that your lawyer gives you a written retainer or fee
agreement. While a written agreement is not required in all
circumstances, it is highly recommended. Before signing the
agreement, read it carefully. If you have questions, discuss
each question with the lawyer before you sign the agreement.
|
| Make sure you get a copy of the signed retainer agreement.
At a minimum, the retainer agreement should set forth the
legal work to be provided, the amount of legal fees to be paid
and how and when fees are due. The retainer agreement
should also spell out which costs will be your responsibility
(court filing fees, transcript fees, photocopying, long distance
charges, postage, etc.).
|
| Do not be afraid to ask for an estimate
of what the total amount billed to you will be; however,
remember that circumstances can change and they may affect
what the total fee will be.
|
| You should receive signed and dated receipts for all money
paid to your lawyer and the purpose of each payment. No
formal receipt is necessary. The lawyer's acknowledgment in
writing on any paper is sufficient. As with any transaction,
never pay cash without getting a receipt.
|
| Always get a receipt for any property that you entrust to
anyone, including a lawyer, for safekeeping. |
| Top |
| D. Establishing the Ground Rules |
| Make sure that you understand how you will be charged for
communicating with your lawyer. Charges may vary for
telephone calls, personal office visits, and after business hours
contacts. |
| Keep a calendar, or log of all contacts with your lawyer's
office, with dates and times spent discussing your case or
other legal matters. This will help you understand some of
the charges reflected on the bill. |
| Ask for an itemized monthly billing statement. If you have
questions regarding any of the charges in the bill discuss them
with your lawyer immediately. Frequently, charges make
more sense after a brief explanation.
|
| Ask the names and hourly rate charged of other persons in
the law firm who will be involved in specific phases of your
matter, such as drafting of papers, court appearances, trial or
appeal. |
| Ask your lawyer to send you copies of all correspondence
sent or received on your behalf, as well as copies of each legal
paper or pleading. It is well worth the cost of postage and
photocopying. If you have questions or concerns regarding
any of the documentation, promptly discuss these issues with
your lawyer.
|
| BBe cautious about signing any document that authorizes
someone else to endorse or cash a check that is payable to
you. |
| Top |
| E. Your Rights and Responsibilities |
| In order for a lawyer-client relationship to work effectively,
you must be truthful in all discussions with your lawyer even
if, and especially when, you think the information is hurtful
to you and your case. You must give the lawyer all relevant
information and documents in a timely manner. You must
also inform the lawyer of any changes in your situation. After
all, the lawyer is there to help you. |
| If the lawyer is missing part of the picture, he or she cannot effectively represent you. You are expected to pay the legal fees earned by the lawyer
and other expenses that are outlined in the retainer agreement
in a timely manner. If questions arise during the course of
your relationship, you are expected to ask your lawyer for help
in resolving them. A lawyer cannot address an issue you have
if he or she is unaware there is a problem. |
| Top |
| F. The Lawyer's Rights and Responsibilities |
| The primary responsibility of a lawyer is to provide
knowledgeable, objective advice and to make sure that your
legal rights are fully protected. The lawyer must work
diligently on your matter. |
| If the lawyer does not provide you with a retainer agreement,
ask that he or she do so. This is the framework governing
the lawyer-client relationship. You have the right to be kept
informed of the status of your case or legal matter and are
entitled to copies of all correspondence and legal documents
prepared on your behalf or that your lawyer received from
other parties. |
| You are entitled to make the final decision on the objectives to
be served by the legal representation and to the final
decision regarding any settlement or plea bargain. You also
have the right to consult with your lawyer about the means
to be used in achieving those objectives. However, a lawyer
is not required to pursue objectives or employ means simply
because you may wish that the lawyer do so, as the lawyer has
the discretion to make technical legal and tactical decisions,
and as the lawyer is bound by ethical conduct standards. A
lawyer is forbidden from pursuing objectives or employing
means that would violate law or ethics rules. Finally, lawyers
cannot guarantee particular results in any matter. |
| Generally, lawyers must maintain the confidences and secrets
you reveal to them in the course of your relationship.
However, lawyers are under an independent ethical duty to
reveal certain illegal or fraudulent acts committed by a client
or the intention of the client to commit a crime. |
| Top |
| G. How to Transfer to another Lawyer? |
| A client always has the choice of who will represent him or
her. However, there are practical considerations to keep in
mind when considering a change in lawyers, such as increased
costs. The new lawyer may require a retainer fee, despite the
fact that you have already paid a retainer fee to the original
lawyer. |
| The new lawyer will most likely charge you for the
time it takes him or her to become familiar with your matter.
As a rule, before you fi re your lawyer, you should first talk
to a different lawyer. The new lawyer may advise you to try
to work out your problems with your current lawyer. If you
decide to hire the new lawyer, remember your prior attorney
is entitled to payment for services rendered up to the time of
dismissal, in accordance with your retainer or fee agreement. |
| You should also be aware that, after a lawsuit has been fi led,
transferring to a new lawyer usually requires the court's
permission. If the case is pending in court, the court may not
grant permission for the lawyer's dismissal if it will delay the
proceedings. |
| Top |
| H. Concluding your Matter |
| At the conclusion of your matter your lawyer will retain
your file for a period of time. Your lawyer must notify you
and give you an opportunity to have any "client property"
returned to you before destroying the fi le. Client property
includes any document or thing you provided to the lawyer as
well as any original documents such as deeds, wills, trusts, etc.
The lawyer may charge a reasonable fee for copying or
accessing files. |
| If you have not paid your bill, under certain circumstances,
your lawyer may retain your fi le until you pay your bill. This
is called a "retaining lien." Generally, a lawyer may not
ethically use a retaining lien if you need the property to
pursue your legal rights or when a refusal to turn over the fi le
would prejudice your case. |
| Top |
| V. Lawyer Regulation |
| Lawyers must adhere to certain ethical rules. In California, these
rules are called the California Rules of Professional Conduct. The
rules set certain requirements the lawyer must meet in dealing
with clients, opposing counsel and courts. These rules may be
found at the State Bar of California's website at www.calbar.ca.gov/
under "Admissions, ethics and regulations," subsection "California
Rules of Professional Conduct." |
| If you believe that a lawyer has committed an ethical violation you
may file a complaint against the lawyer by writing to the Attorney
Grievance Commission. The Attorney Grievance Commission is
the agency created by the California Supreme Court to handle
complaints against lawyers and charge them with misconduct
when appropriate. |
| Anyone can file a grievance; a lawyer-client relationship is not
required. |
| The Attorney Grievance Commission suggests that you: |
| 1. Provide the name of the lawyer you wish to have
investigated. |
| 2. State only the facts regarding what happened and why you
believe that the lawyer did something wrong.
If possible, write the statements in the order in which
events occurred and include dates. |
| 3. Attach copies of any necessary document not the
entire file; you should not attach originals documents.
The filing of a grievance does not affect your case in any manner.
It will not cause the case to be stopped. It will not extend the
time for filing legal actions. You still need to take care of
matters in your individual case. You may wish to consult with a
new lawyer regarding the consequences of fi ling a grievance.
For more information about fi ling a grievance, contact the
Attorney Grievance Commission. |
| Top |
| A. Local Mediation Programs |
| Sometimes local bar associations have mediation programs
that handle disputes between lawyers and clients. You should
contact the local bar association in your county to determine
whether it offers such a program. The Attorney Grievance
Commission has a voluntary arbitration program for fee
disputes. Both parties must agree in order to participate. |
| Top |
| B. Client Protection Fund |
| The Client Protection Fund is a voluntary program
established by the State Bar of California Board of
Commissioners for the purpose of reimbursing clients who
have been victimized by the few lawyers who violate the
profession's ethical standards and misappropriate funds
entrusted to them. |
| The Client Protection Fund is not a substitute for malpractice
insurance, which covers the negligent provision of
professional services. The Client Protection Fund only
addresses the rare situations where a lawyer intentionally
misappropriates a client's funds. |
| Top |
