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You and Your Lawyer

This pamphlet was produced and distributed by the Oregon State Bar courtesy of Oregon's lawyers. It is based on Oregon law and is issued to inform, not to advise. It is not intended to apply to any specific situation. This pamphlet is also available in Spanish.

What can a lawyer do for you?
While a lawyer can 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. You may decide to call a lawyer based on his or her ad. Again, be careful. A paid advertisement is just that; it’s not an official endorsement or guarantee. The Oregon State Bar Lawyer Referral Service is 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. Our online lawyer referral service is available at www.osbar.org. You may also get lawyer referrals by phone at 503-684-3763 from the Portland area or 1-800-452-7636 (toll-free) from anywhere else in Oregon.

Choosing the right lawyer for you
Make sure you feel comfortable with the lawyer’s attitude, responsiveness, stated abilities and experience. Once you have chosen a lawyer to call, make sure you have a list of questions prepared. 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 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 available 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. 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 1-800-452-8260 from elsewhere in Oregon.

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. You probably 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 time your case will take. Remember that circumstances can change, and your case may take longer to handle than the lawyer expected at the beginning.

Contingency fee: This kind of charge 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, copying and 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 have to be approved by you in advance.

When is my lawyer’s bill due?
If you agree to an hourly fee arrangement, you should expect to pay a retainer fee when you ask your lawyer to represent you. Flat fees are usually paid up front. However, many lawyers will agree to payment plans for clients who do not appear to be a risk. 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. A contingent fee case is billed upon completion of the case, except for expenses that must be paid as they are incurred.

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 protected fully. 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 that are prepared on your behalf, or 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. As the client, you are responsible for making decisions on objectives to be pursued in your case, including the final decision regarding any settlement of the case. You are the client and must pay the fees and expenses. In some cases that go to court, a judge may award a partial or full fee to be paid by the other side. 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 of course have the right to discharge your lawyer and hire a new one. Read Tel-Law topic “If you Have a Problem with Your Lawyer” for more information (available at www.osbar.org).

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 refund any unearned advance fees and comply with all applicable laws and rules. In addition, your lawyer must promptly return all your papers and property, unless you owe unpaid fees and the lawyer holds a lien.

A lawyer may try to withdraw from a case if he or she does not get along with the client, the client does not pay fees, or the client wants the lawyer to do something that is unethical or illegal. A lawyer must withdraw from a case if he or she knows that the client is harassing or maliciously injuring someone, or if the lawyer’s mental or physical state decreases his or her ability to effectively represent the client.

Resources

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