Attorneys in Arizona
A lawyer (or attorney) is a trained professional who explains and
interprets the law. A lawyer's work can involve counseling clients,
representing you in court, preparing documents and being an
advocate on behalf of clients. To work in Arizona, a lawyer must
have graduated from an American Bar Association-accredited law
school, be admitted to practice law by the Supreme Court of Arizona
and must be an active member in good standing with the State Bar of
Arizona.
Do I need a lawyer?
Lawyers can help people in a wide variety of legal situations.
Lawyers advise business owners, write wills, prosecute crimes,
review contracts, fight for people's rights, help people adopt
children, assist those accused of crimes and much more.
When should I hire a lawyer?
- Before you enter into any contractual agreement with major
financial provisions or consequences
- When making a will or planning your estate
- When you have family changes such as a divorce or adoption
- If you are involved in an accident resulting in personal injury
or property damage
Most people need the advice or assistance of a lawyer at some
point, but the best time to consult a lawyer is
before you have legal problems.
How do I find the right lawyer?
Many attorneys have expertise in specific areas of law, so you
should select a lawyer who has experience in the area of your legal
issue. Choose a lawyer carefully as you would a doctor, dentist,
accountant or any other licensed professional who provides you with
an important service. And remember only a lawyer can keep your
information confidential. Here are a few ways to find a lawyer.
- State Bar of Arizona Web site
The State Bar offers a "Find a Lawyer" feature. This option
allows you to search for Arizona attorneys by name, practice area,
office location, language spoken and more.
One of the best and most frequently used ways to locate a lawyer
is to ask your friends, family, coworkers or professionals in your
community if they can recommend a lawyer who has experience with
your type of legal problem.
The Maricopa and Pima County Bar
Associations offer lawyer referral services and will direct you to
a lawyer for a small consultation fee. For more information call
602.257.4434 in Maricopa County, or 520.623.4625 in Pima
County.
Some lawyers have obtained State Bar certification within eight
areas of law, and are called certified legal specialists. To be a
certified specialist, attorneys must meet minimum requirements
based on experience, training, and written examinations. To obtain
lists of specialists, go to "Find a Certified Specialist."
Hiring a Lawyer
Before you choose a lawyer you may want to do some "comparison
shopping" and interview several lawyers. Be sure to ask the lawyer
questions such as:
- What is your experience in this area of practice?
- How many cases like mine have you handled?
- What are your rates and how will the billing be handled?
- What is the estimated total expense for costs and fees of my
case?
- How can we keep the costs and fees down?
- What are my alternatives in resolving this matter?
- How will you keep me informed of progress and how often will I
hear from you?
- Who else in your office can I contact about my case?
- What documentation do you need from me?
- Approximately how long will it take to resolve my case?
In addition to evaluating their expertise and fees, select a
lawyer with whom you feel comfortable.
What if I can't afford a lawyer?
Depending on factors such as your income and the kind of legal
problem you have, you may be able to get free help for non-criminal
cases from Community Legal Services or a Legal Aid organization in
your area. For a listing, go to "Low Cost Legal
Resources."
If you are accused of committing a crime, you may qualify for
free help from your local Public Defender's Office.
How are lawyers paid?
Not all lawyers charge in the same manner. There are several kinds
of fee arrangements: hourly, contingency, fixed and retainer.
Hourly Rate
The lawyer charges a set amount per hour for the time spent working
on the legal issue. Most lawyers round off their work to the
nearest tenth or quarter of an hour. Members of the legal team with
less experience generally bill at a lower hourly rate. Ask your
lawyer to tell you everyone who is likely to work on your legal
matter and their hourly rate. Some lawyers may require a retainer,
which is a deposit for fees or services to be incurred. Ask whether
any unused portion of the retainer will be refunded.
Contingency Fee
The lawyer agrees to take a specific percentage of the
money you receive if you win the case or settle the matter out of
court. If the lawyer does not collect any money, the client may not
have to pay the lawyer for the time spent working on the case. You
will, however, still be responsible to pay all costs and expenses
incurred during your case. This type of fee is often used in
personal injury cases or other cases when you are suing to collect
money from the person or entity responsible for injury or damage.
Contingency fees cannot be charged in criminal cases, child custody
matters or dissolutions.
Fixed Fee
The lawyer charges a set amount to complete the legal assignment no
matter how long it actually takes to do the job. This fee is for
routine legal matters such as the preparation of a simple will or
filing a bankruptcy. When you agree to a flat fee, be sure you know
what it does and does not include and if there could be additional
charges.
Retainer Fee
This fee is used to guarantee that a lawyer will be
available to take a particular case and could mean the lawyer would
have to turn down other cases in order to remain available. A
retainer fee can also mean that the lawyer is available to handle
your legal issues over a specified period of time. The lawyer must
tell you in writing whether the retainer fee is used to hire the
lawyer or if it will be used as an "advanced fee" from which he or
she will deduct fees as they are earned.
What are fees and costs?
Fees refer only to the money you pay to the lawyer
for the time spent by members of the legal team working on your
case, whereas
costs/expenses are the other
charges, such as photocopying, postage, etc., involved in the
handling of your legal matter. Your lawyer must provide you a
written fee agreement that describes the fees and costs/expenses
that you may incur, and how you will be billed.
What can I do to reduce legal expenses?
- Gather information before meeting your lawyer. Write down
names, addresses and telephone numbers of all the people involved
in the matter.
- Be organized. Bring letters, documents and other important
papers to your first meeting.
- Write down questions you want your lawyer to answer.
- Keep your lawyer informed, but don't make unnecessary calls
about minor details. If you are being charged an hourly rate, it is
likely you are being charged for your call.
- Be on time for appointments.
- Ask if you can reduce costs by obtaining documents, contacting
witnesses or providing other assistance.
- Keep track of all papers sent to you by your lawyer, including
receipts for cash payments and monthly billing statements.
What if I have a problem with my lawyer?
If you are not satisfied with the lawyer you selected, you have a
number of choices, depending on the problem. Tell your lawyer if
you are unhappy with the way he/she is handling your case. Maybe
the lawyer is not aware of the problem and is able to work out a
solution. If not, you are free to change lawyers, but you probably
will have to pay for the work that has already been done by the
first lawyer.
The State Bar of Arizona's
Attorney/Consumer Assistance
Program can help mediate and resolve minor problems in
a friendly manner. Call 602.340.7280.
If you have a disagreement over a fee and cannot settle the
problem, you can submit your dispute to the State Bar's
Fee
Arbitration program by calling 602.340.7288.
If you believe your lawyer intentionally mishandled your case or
has acted improperly or unethically, you can file a complaint with
the State Bar of Arizona. For more information about this procedure
call 602.340.7280.
This information is published as a public service by the
State Bar of Arizona. It is meant only to inform, and not to advise
anyone on a specific legal problem. No one should attempt to apply
or interpret any law without the advice of a licensed attorney.
Laws and regulations change regularly. Please check with the Court
or State Bar to make sure the information contained in this
brochure is the most accurate available.
azbar.org