6. Decide whether you need or want a “big law firm” lawyer or a “small law firm” lawyer. The public perception is that “big equals good,” but the reality is that big usually only equals expensive.

Big law firms are a pyramid scheme with senior attorneys sending work to more competent younger attorneys who are at a lower level on the pyramid. Usually these lower level attorneys, if they are competent and ambitious, get fed up with the pyramid and they split off from the large law firm to create specialty or boutique law firms.

For example, a mid-level partner who headed the “non-profit and tax exempt organization” section of a large Houston-based law firm recently left the firm with all of the attorneys who worked for him. The resulting law firm was able to lower its fees because it was no longer paying the “tax” to the attorneys who were part of the pyramid and the new firm only provides non-profit and tax exempt legal services.

That is not to say that all “big law firms” are bad and all “small law firms” are inexpensive. You should just recognize the issue in determining which type of law firm you need or want to hire.

Contacting the surviving lawyers

7. Try calling the lawyer directly. Does the lawyer return you phone call promptly? If not, they are either too busy, and probably too busy to handle your case, or they provide poor client service. In either event, you should immediately cross unresponsive lawyers off of your list, as you can expect the same treatment from these lawyers once you are a paying client and nothing is more frustrating or detrimental to your case than having unresponsive legal counsel.

8. When you speak to the attorney, you must get exact examples of cases that they handled that are similar to yours. Can the lawyer, in general terms, describe these cases off of the top of his or her head? If so, what was the outcome of the cases? Can the lawyer provide references (many lawyers do not provide references, but a few do).

Also, do not be afraid to ask what the lawyer how he or she charges and what he or she thinks a case like yours will cost. Some lawyers charge flat fees for certain types of cases. For example, the lawyer may charge $1,000 for a basic estate plan or for a Chapter 7 bankruptcy. Other lawyers may charge hourly rates. You should understand that the hourly rate attorneys will almost always underestimate the time and the costs involved in your case, so you may want to ask the lawyer if he can put his “estimation” of the cost in writing (and realize that the end bill will be at least double what was quoted). Other attorneys charge contingent fees for certain cases. This means that the lawyer is paid a percentage of what you recover. For example, a tax attorney may charge 33.33% of any tax savings that results from his or her efforts.

9. When you speak to the attorney, try to gauge their personality. Is there anything in their demeanor that you like or dislike? If so, what and why? Is the lawyer gruff, short and to the point or is the lawyer friendly and amicable? Is that what you want or need? Remember that, if hired, this attorney will be dealing with the other parties involved in the case.

Hiring the right attorney

10. Do not cave to pressure to hire the first or even second attorney that you talk to, even if you have a pressing case or legal matter. Instead, get assurances from the lawyers that they will be able to take the case if you contact them back in _______ number of hours, days or months. That way you can think about the lawyers that you talked to and made a decision as to who you think will best represent you with your particular legal matter. If the lawyer cannot handle your particular matter, ask the attorney if he or she can refer you to another attorney who might be able to help. Many lawyers participate in formal or informal lawyer referral networks (such as the lawrex.com lawyer network) and they can use those networks to help you find other lawyers.

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