Before you can decide whether or not you need a lawyer, it's important to understand what it is that lawyers do. Unless you've had personal experiences with a lawyer, your image of lawyers may come from popular culture. Most TV shows and movies portray lawyers arguing in court. While there are lawyers who are trial attorneys, lawyers do much more than go to trial. A lawyer can help you with starting a business, tax issues, estate planning, real estate, marital issues, and so much more.
During an initial consultation, a good attorney can give you an idea if they will be able to help you with your legal issue. A lawyer can also give you a list of possible options and courses of action. This will help you figure out if they are the best lawyer for your case.
FindLaw's What Lawyers Do section provides articles about how to determine if you need a lawyer and things to think about before you sue a person or a company. You can also find a helpful section that provides a directory of the various legal practice areas that attorneys can choose to focus on.
Requirements for Becoming a Lawyer
A lawyer, also called an attorney or counselor, is a person who provides counsel and legal advice to someone involved in a legal dispute or who is dealing with legal issues.
There are various requirements that a person must fulfill to become an attorney. First, after receiving an undergraduate degree, the person must go to law school, which involves at least three years of intensive legal education and training. After successfully earning a degree from law school, the person must take and pass the bar exam, a rigorous state licensing test. The person must also pass a personal character and moral fitness test.
Once all of these requirements are met, the person will be sworn in by the state and/or federal court, making the person officially licensed and ready to practice law as a member of the state bar. It's important to note that licensing for an attorney is governed by each state, so you need to check your state's rules to determine the exact requirements to become a lawyer in your state.
Attorney-Client Relationship
If you hire a lawyer to help you with your legal issue, that person owes you the duty of attorney-client confidentiality. This means that anything you discuss with your lawyer, even in a first meeting, is confidential. Confidentiality allows you to discuss your case openly and honestly with legal counsel to help determine whether they are the right lawyer for your case. This confidentiality also exists if you hire that lawyer to provide legal representation in your case.
When you meet with an attorney for the first time, they will explain how legal fees will be handled. Some cases, such as a traffic ticket or drafting a will, may be handled with a flat fee. Other cases, such as personal injury or car accident cases, may be handled as a contingency fee, which means the attorney will be paid a percentage of the amount collected for you at the end of the case.
In addition, there may be cases handled with a retainer and hourly rate. This means you pay an amount of money upfront to the lawyer and then they will send you a monthly bill with a breakdown of the work done on your case by the attorney and their paralegal or other staff in their law office. This includes charges for drafting legal documents, phone calls, or other legal work in your case.
No matter the way your case is handled make sure to ask about how costs such as court filing fees and expert witnesses will be billed to you as these are extra costs in any case.
A Few Reasons To Hire an Attorney
Not every legal matter requires the assistance of an attorney. Generally, a person who wishes to fight a minor traffic ticket doesn't need an attorney. Another example of when an attorney is not necessary, or even allowed in most jurisdictions, is when you have a case in small claims court. Even then it would be good to have legal help before going to court so you understand all of the issues.
There are many other legal matters in which hiring a lawyer would be a good idea.
One situation when it's pretty much always a good idea to hire an attorney is when you've been charged with a crime. Crimes carry various penalties, including fines and possible jail time, as well as a mark on your record. Because of the consequences associated with being convicted of a crime, it's in your best interest to hire an experienced criminal defense lawyer to defend you.
If you can't afford an attorney, you can be assigned a public defender. The fact that you have a constitutional right to a defense attorney in a criminal case should tell you that it's in your best interest to hire one when facing criminal charges.
While lawyers generally aren't cheap, having legal assistance while embarking on endeavors with potential legal ramifications, such as starting a business, can save you trouble and money in the future. Lawyers can also be helpful with estate planning, especially if you have a complicated or large estate.
It's also a good idea to retain an attorney if the other party in a lawsuit or business dealing has an attorney, because not having one yourself usually puts you at a disadvantage. When you are involved in a family law case such as a divorce or custody, an experienced lawyer can help you understand all of the complex issues.
Many lawyers often provide a free or reduced-cost first meeting, which can allow you to speak with the lawyer, find out their experience in the type of case you have, and help you decide whether or not you actually need to hire a lawyer.
