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
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
- Personal recommendations
- Lawyer Referral Services
- Certified Specialists
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?
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.
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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.
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.
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