Almost everything individuals do – such as making a purchase, starting a business, driving a car, getting married or writing a will – is affected by laws.
This pamphlet is intended to help you decide when you need a lawyer and provide guidelines for choosing and using one.
Q: When do I need a lawyer?
A: The best time to see a lawyer is before a problem occurs – not when you are in legal trouble. Preventive law is one of the most valuable services a lawyer can perform. It can save time, trouble and money.
There are many situations involving legal rights and responsibilities that can be handled without the assistance of a lawyer. However, if you are about to undertake a major obligation or if circumstances are confusing, it may be helpful to consult a lawyer. An attorney can analyze the legal implications of a situation, offer advice and decide how best to protect your rights.
To help you decide if you need a lawyer, ask yourself these questions:
Some of the circumstances that may require professional legal assistance are:
Q: Why can’t I handle my own legal problems?
A: It is not unlawful for you to represent yourself in court or handle your own legal matters. Self-help “kits” and preprinted forms do not consider individual needs, differences and complications. They may not be appropriate for your matter.
Many laws are complex and subject to various interpretations and frequent changes, which can result in a great deal of confusion. Lawyers are trained to explain and interpret the law for you, provide legal assistance and be aware of all court procedures, filing requirements, deadlines and other details a nonlawyer could easily overlook. This role is important since judges and court personnel are not generally allowed to give you any legal advice as your case proceeds or relax rules and requirements for you because you are not a lawyer.
Q: How do I select a lawyer?
A: Selecting a lawyer is a personal matter. You must judge which particular attorney will be best for you. Before making a decision, however, you may want to contact several lawyers or law firms to gather some comparative information.
When choosing a lawyer, keep practical considerations in mind: the lawyer’s area of expertise, prior experience and reputation, convenience of office location, amount of fees charged and the length of time your case may take. A lawyer’s communication skills are another factor. Willingness and ability to talk to you in language you understand and responsiveness to your questions will influence how well informed you are about the progress of your case.
It is advisable that you select an attorney with whom you feel comfortable. These preferences may guide you in selecting someone with whom you feel most comfortable.
It is important that you trust the lawyer you hire and believe they will do the best job possible in protecting your legal rights. But keep in mind that most lawsuits and other legal work are not “sure things.” You should be cautious of an attorney who guarantees results. No lawyer can be expected to win every case, and sometimes the best legal advice may not be exactly what you want to hear.
Asking questions and checking different sources can help you in locating and choosing a lawyer. Among the sources to use in finding a lawyer are:
Q: What should I expect when I hire a lawyer?
A: You are hiring a lawyer to work for you as your advocate or adviser. You should expect your lawyer to:
Q: What will my lawyer expect from me?
A: Upon being retained by you, your lawyer shall expect you to:
Q: Can I change lawyers?
A: You have a right to expect competent representation. If you are unhappy with the lawyer you chose to handle your case, there are several things you can do:
Note: You and your lawyer have a contractual relationship. Even if you discharge a lawyer, you may still be liable for some fees and costs. For example, you may have to pay a reasonable amount for the work already done on your case, as well as for costs that have already been incurred.
If you believe your lawyer has acted improperly, you may contact the Oklahoma Bar Association or your local bar association for more information about your rights.
Q: When should fees and costs be discussed?
A: It is appropriate – and important – to discuss fees upon your first visit with the lawyer. You have a right to know how you will be charged, an estimate of how much the case is likely to cost and when you have to pay.
Various factors and arrangements may influence the costs of legal services. Your lawyer can explain how fees are computed and may outline options available to you. The lawyer can sometimes provide a reasonable estimate of the time and costs involved in serving your particular needs.
Your lawyer will want you to be satisfied not only with the service provided but also with the fees you are charged. Candid discussions about fees and your ability to pay will avoid misunderstandings while helping you decide if you want to retain the lawyer.
Q: How are a lawyer’s fees determined?
A: The rules that regulate the ethical conduct of lawyers state all fees must be “reasonable.” Along with fair and competitive fees, lawyers strive to provide service at rates commensurate with the skill required and the results obtained.
Three common methods for determining fees are time (usually based on hourly rates), contingency (based on the outcome of the case) and flat fees (for specific action, such as handling a real estate closing). These typical fee arrangements are explained in the following section.
Although exact fees cannot usually be determined in advance, the factors involved in computing charges are fairly standard. These factors include:
Q: What are some typical fee arrangements?
A: In addition to a straight-time fee, other arrangements include contingent fees, negotiated percentages, flat fees, hourly charges, costs and expenses, fees set by a judge or retainers.
With a contingent fee arrangement, the lawyer receives no fee unless money is recovered for the client. Upon recovery, the lawyer is paid an agreed-upon percentage, usually ranging from an amount equal to 25% to 50% of the amount recovered. A written fee agreement should specify the costs and expenses to be deducted and whether such costs and expenses are to be deducted before or after the contingent fee is calculated. A contingent fee arrangement is not permitted for criminal cases or certain domestic relations matters. Even if there is no recovery, however, the client may still be responsible for court costs (filing fees, subpoena fees, etc.) and related legal expenses, such as telephone toll charges, investigators’ fees, medical reports and other costs.
Negotiated percentages are sometimes used when collecting debts. The fee is based on a percentage of the amount claimed or collected.
Flat fees are occasionally charged for routine services, such as drafting an uncomplicated will or assisting with a simple real estate transaction or in criminal cases.
Hourly charges are based on the time spent in handling a matter. Rates will vary depending on a lawyer’s experience or the demand for a particular service.
Most costs and expenses are charged at periodic intervals, regardless of the fee arrangement. Filing fees, expert testimony, fees for serving a legal summons and other costs that are advanced by the attorney on behalf of the client are generally billed separately. Expenses such as long distance telephone charges, photocopies, etc. can also be billed.
In some cases, a judge or hearing officer may establish a fee, considering the work and complexities involved in a particular situation. Lawyers’ fees for probate services are often subject to court approval.
Q: Should I expect to pay an initial consultation fee?
A: Policy and practices vary. Don’t hesitate to ask about the initial consultation fee when calling for an appointment with a lawyer. Some lawyers have a policy of “no charge for the initial consultation,” while others charge for a client’s first visit.
If after an initial visit you decide not to take further action, you are under no obligation to proceed, but you will be expected to pay for the initial visit unless you are advised or promised otherwise.
Q: Is a written fee agreement necessary?
A: A clear understanding of fees is important to the attorney-client relationship. No matter which fee arrangement you agree to, you should ask for a written agreement. An agreement in writing is required for any contingent fee arrangement.
As with any contract, the agreement should be carefully read and understood before being signed, and all parties should keep a copy of it.
Q: Who is responsible for the fee?
A: As the client, you are responsible for paying legal fees and expenses. This may include court costs and fees to be paid by the person bringing the lawsuit if they do not prevail.
In some court cases, a judge may award a partial or full fee to be paid by an opposing party. Such judgments do not release you from the obligation to pay your lawyer, nor do they guarantee payment from the other party. Some judgments are not collectible; other judgments may cover only part of the fees you actually incurred.
Q: When is the fee payable?
A: In many cases, a lawyer will require a deposit before agreeing to handle your matter. Such payment can assure the lawyer’s availability and may be applied to initial work and expenses. (Lawyers follow strict regulations for the safekeeping and accounting of these deposits and all client funds.)
Depending on the circumstances, an initial payment may be considered a retainer, an advance, a down-payment or a deposit. Clients in need of continuing legal services (usually businesses) sometimes pay monthly or annual retainers.
Fee arrangements vary depending on the type of service, personal preference and lawyers' practices and policies. Be sure you understand your options and obligations when your case is first discussed.
Q: What if I think the fee is too high?
A: If you have questions about a bill, contact your lawyer and discuss it. Most lawyers maintain detailed records of time spent and expenses associated with each case and can itemize or thoroughly explain any charges you think are confusing or improper.
If you believe your lawyer has acted improperly, you may contact the Oklahoma Bar Association for more information about your rights.
Q: Can I do anything to reduce legal expenses?
A: Lawyers are professionals with many qualifications and years of training. Time and advice are their stock in trade, so they must charge for them. By following a few suggestions, however, you can help reduce legal costs.
Q: What are other sources of help?
A: There are many ways to solve legal problems. Government and consumer complaint agencies, counseling, consumer advocates at local newspapers, radio or television stations, small claims courts (for limited amounts) and dispute resolution centers are options that should be considered.
This pamphlet was prepared as a public service by the Oklahoma Bar Association to inform citizens of their legal rights and obligations. It contains general information and is not intended to apply to any specific situation. If you need advice or have questions about the application of the law in a particular matter, you should consult a lawyer.
Lawyer Referral Service
If you need legal assistance and reside in Tulsa County, you may contact the local county bar association lawyer referral services at 918-587-6014 or www.tulsabar.com. You will be referred to an attorney in the area of law in which you need assistance. A $25 fee will be charged for a 30-minute consultation. This fee will remain at the county bar association to help underwrite cost of the service.
(Revised December 2017)
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