Picking your attorney.

How do I pick an attorney? In much the same way you would choose a doctor or accountant or banker. Your attorney is going to be someone you need to trust and be comfortable with handling sensitive matters. If you just don't feel right after your first meeting with an attorney, you should be ready to move on to someone else. Not being frank and forthcoming with your attorney can cause huge problems in the case. If you are not comfortable with the attorney, you are not going to be as forthcoming as you should be. Don't force it just because you have a recommendation. What works for your friend may not work for you. Attorney's like everyone else have different personalities and different approaches to the way the practice.

There is a minimal level of competency you want to see in your attorney. First year attorneys are probably not a good idea. Generally you will want an attorney with 3-5 years practicing in a particular area. With the practice of law, there just is no substitute for experience. We can all read statutes and case law, but knowing how that material is going to be interpreted by a particular judge, how to prep a client for a deposition, how to conduct to discovery to get what you need and how to cross examine a professional witness, are all things that just come from experience.

You want an attorney that practices in only 4-5 areas of the law and they should be reasonably related to one another. Most areas of tha law have become so complex that you really have to practice on that area on a regular basis to know what the current law is, as changes occur all the time. General practitioners who say they do everything are just not going to be competent enough in all those areas. An attorney who has been around longer will generally have more practice areas they are competent in, because they are exposed to more and have had the time to study multiple areas in more detail. Don't be afraid to ask the question "What is your main area of practice?" If the response is a little of everything, a red flag should immediatly go up.

Finally, I will finish this again with communication issues. How well does that attorney do at returning calls and answering questions. If you need an attorney, you are most likely in a difficult and frustrating situation. When you have questions, they need to be answered completely and in a timely fashion. Answers like "because I said so" or "just listen to me and do what I say," are dismissive, unacceptable answers. If you want an explanation for an attorney's decision, you should get an full explanation. If the attorney won't take the time to give a full explanation, he is someone you want to reconsider. One of biggest complaints received by the Bar Association is "my attorney won't call me back." Now any attorney with an active practice will be out of the office more than he is in, but there is no reason a phone call can't be returned by someone from the office within 48 hours. If the attorney is in trial and doesn't want the distraction, then a secretary or paralegal can at least call and attempt to assist the client. In my experience as an attorney, and having had to use attorney's myself, communication is the single most important element in the attorney/client relationship.