The following is general legal information, provided as a public service by Oregon’s lawyers. The information is not intended to be legal advice regarding your particular problem. Note that changes may occur in this area of the law.
What Can a Lawyer Do for You?
While a lawyer may certainly help you after you get into trouble, the
best time to call a lawyer is before you have a legal problem. Preventive
legal advice can save you time, trouble and money. It can also prevent
small problems from becoming large ones. Suppose you are about to
sign an agreement to buy a house, car or major appliance. If you
are not completely sure what the agreement says you must and must
not do, you should find out before you sign. Or, you might want to
call a lawyer immediately if you are arrested or involved in an auto
accident. These are just a few of the many occasions when lawyers
can help you understand your rights and solve problems.
Looking for a Lawyer
When choosing a lawyer, you should take the same careful steps that
you would when choosing a doctor, dentist or home contractor. One
of the best ways to choose a lawyer is based on a referral from a
family member or friend. You might also choose a lawyer from the
yellow pages and decide to call based on his or her ad. But, remember:
A paid advertisement is just that — it is not an official endorsement
or guarantee. The Oregon State Bar Lawyer Referral Service is also
available to assist you in choosing a lawyer for your particular
problem. The Lawyer Referral Service is sponsored and supervised
by the bar to help persons in need of legal advice find the right
lawyer quickly. All lawyers who participate in the Lawyer Referral
Service are in good standing with the bar. The number to call is
(503) 684-3763 from the Portland area, or (800) 452-7636 from elsewhere
in Oregon. An online referral request form is also available at www.osbar.org/public.
Choosing the Right Lawyer for You
Just like when choosing a doctor or dentist, make sure you feel comfortable
with the lawyer’s attitude, responsiveness, stated abilities
and experience. You may also wish to check the lawyer’s membership
record with the Oregon State Bar. To inquire about a lawyer’s
membership record, call (503) 620-0222 from the Portland area, or
(800) 452-8260 from elsewhere in Oregon.
Once you have chosen a lawyer to call, make sure you have a list of questions prepared. You may wish to visit the "Public Info" section of the Oregon State Bar’s website – www. osbar.org/public – and read a little bit about the area of law you have questions about. Remember: The more you understand about your type of legal issue, the less time the lawyer may have to spend explaining the more basic aspects of your situation – saving you money! Take some time to think things over, and then make an appointment to talk further with the lawyer who seems best for you. Remember to ask what you should bring to your appointment and what the cost of the initial appointment will be.
Deciding to Hire Your Lawyer
At the appointment, ask the lawyer your questions, including specific
information about what he or she will charge you. Feel free to ask
the lawyer for his or her resume or other background information,
such as where the lawyer went to law school, how many years of practice
the lawyer has had, and how much experience the lawyer has had handling
your type of matter.
When you decide to hire the lawyer, make sure that his or her assignment and the fees to complete that work are confirmed for you in writing. Having a written fee agreement will help avoid disagreements about what the lawyer agreed to do for you and what you agreed to pay for that work.
How Does My Lawyer Set Fees?
You and your lawyer should discuss the cost of legal services at your
very first interview. Your lawyer may not be able to forecast the
exact amount of time and effort required, but he or she should be
able to give you an estimate based upon past experience. Most likely,
you will be charged one of the following types of fees:
Fixed fee: Sometimes called a standard fee, this way of charging is used most often for routine legal matters. For example, a lawyer may charge all clients the same set amount to draw up a simple will or to handle an uncontested divorce. When you agree to a fixed fee, be sure that you know what it does and does not include.
Hourly fee: Most lawyers charge by the hour, and the amount can vary from lawyer to lawyer. To know how much your total bill might be, ask the lawyer to estimate the amount of hours your case will take. Remember that circumstances can change, and your case may take longer to handle than the lawyer expected at the beginning.
Typically, under fixed fee and hourly fee arrangements, the lawyer will also ask for a "retainer," which is an advance on future legal work. The retainer is held in a special client trust account. The funds do not belong to the lawyer unless and until the lawyer earns the fee by performing work on the case.
Contingency fee: This kind of arrangement is often used in accident, personal injury and other cases when you are suing someone for money. It means that you will pay the lawyer a certain percentage of the money you receive if you win the case or if you settle the matter out of court. If you lose, the lawyer does not receive a fee. Either way, though, you will have to pay any court costs and other expenses that are involved. Depending on the circumstances, these charges can be quite high. Be sure to ask your lawyer to estimate the costs. All contingency fee agreements must be in writing. If you agree to a contingency fee, be sure that the written fee agreement tells what your lawyer’s percentage will be and whether that percentage will be figured before or after other costs are deducted.
What Other Costs Should I Expect?
Your case might involve costs for certified shorthand reporters, experts
and consultants, investigators, witnesses and jury fees. You might
also be billed for staff time, photocopying, faxes, filing fees,
postage, courier and messenger charges, service of process fees,
telephone bills and travel expenses. You can request that any costs
over a certain amount be approved by you in advance.
When Do I Pay My Lawyer?
If you agree to an hourly fee arrangement, you should expect to pay
a retainer deposit when you ask the lawyer to represent you. Similarly,
flat fees are usually paid up front. However, many lawyers will agree
to payment plans for clients who are able to pay on a regular schedule.
Unless you have a contingency fee agreement, you will likely be billed
monthly for the work done by your lawyer. You can ask your lawyer
for an itemized account of services performed and expenses paid.
Under a contingency fee arrangement, the lawyer’s fees are
billed at the end of the case, but the expenses must be paid during
the case.
Your Lawyer’s Responsibilities
When you hire or retain a lawyer, a lawyer/client relationship is created.
In this relationship, your lawyer’s primary task is to make
sure that your legal rights are fully protected. He or she must also
preserve confidences and secrets that are revealed during the course
of your lawyer/client relationship. You are also entitled to copies
of all correspondence and legal documents prepared on your behalf,
or those that your lawyer receives from a court or the opposing party
or adversary.
Your Responsibilities
In order for your lawyer/client relationship to work effectively, you
must be truthful in all discussions with your lawyer. You need to
give your lawyer all relevant information and documents, and notify
him or her of any changes in your situation.
You should know that your lawyer will not expect to make major decisions about your legal matter. Your lawyer will advise and counsel you; however, as the client, you are responsible for making major decisions on objectives to be pursued in your case, including the final decision regarding any settlement of the case.
You must pay the fees and expenses. In some cases that go to court, a judge may require that some or all of the fees and costs are to be paid by the other side; however, this does not release you from the obligation to pay your lawyer. If you dispute any of the charges in a bill, discuss them with your lawyer immediately.
If You Have a Problem with Your Lawyer
If you are not happy with your lawyer’s performance, the first
step is to talk with your lawyer. Often that discussion will clear
up misunderstandings and alert your lawyer to your concerns. If you
are still unhappy with the service you are receiving, you have the
right to discharge your lawyer and hire a new one.
Can My Lawyer "Fire" Me as a Client?
Just like you, your lawyer also has the right to terminate the lawyer/client
relationship. Your lawyer must give you adequate notice and an opportunity
to find a new lawyer before withdrawing from the case. Your lawyer
must also: promptly return all your papers and property; refund any
unearned portions of the retainer deposit and any unused advances
for expenses and costs; and comply with all applicable laws and rules.
Among other reasons, a lawyer may try to withdraw from a case if he or she does not get along with you, you fail to pay the lawyer’s fees, or you want the lawyer to do something that is unethical or illegal. A lawyer must withdraw from a case if he or she knows that you are harassing or maliciously injuring someone, or if the lawyer’s mental or physical state decreases his or her ability to effectively represent you.
Legal Editor: George Wolff, OSB Lawyer Referral Service, April 2008