As always, before reading this post please review my disclaimer by clicking the link at the top of this page or by clicking on this link. As always, any legal principles discussed apply only to the Commonwealth of Virginia.
Introduction
Since starting this blog, I've spent a lot of time discussing the need for an attorney, when to hire an attorney, how to properly assess your attorney, and even how to hire an attorney. What I have not discussed, however, is once you have decided you need an attorney, but before you hire the attorney, how you actually pick the attorney you plan to hire. Today's post will attempt to rectify that by discussing the various factors to keep in mind when choosing your attorney so you hire an attorney who is right for you.
Before I begin, though, a note of caution. I am clearly biased in this matter - I want you, if you have a legal issue, to hire me. It is likely that this desire is going to influence how I write this post, though I will try not to let it do so. Nonetheless, it is probably worth keeping that in mind when reading my post.
Shopping Around
I know this almost goes without saying, but I'm shocked at how many people hire the first attorney they talk to. An attorney is generally a major investment. Even if you don't end up spending a great deal in legal fees, you are still investing your legal rights with that attorney. If an attorney is not a hire you "shop around" for, what will you shop around for?
I understand the appeal. If you already have an attorney in another matter, asking that attorney to represent you in your new matter seems simple - but what if that attorney doesn't normally handle those matters? Do you really want to be that attorney's guinea pig for that practice area? Similarly, you might like your friend who has a friend he really likes who is an attorney, but does that automatically mean this person is a good attorney?
I strongly recommend you speak to at least three attorneys before hiring one. To be clear, I mean three attorneys from three different firms. You will likely find a range of experience, billing rates, and explanations of how your case will be handled. This should give you an idea of where to go.
Billing Rates
Money is always a factor in a hiring decision, and this should be no different. You will be foolish, however, if you make this the only factor. If one lawyer costs $150 an hour and will lose while another costs $250 an hour and will win, the higher priced attorney may very well be the right way to go. Beware, however, that billing rates do not necessarily equate to experience, skill, or quality of the attorney. Many factors go into a billing rate. For example, an attorney with two years of experience working at a five attorney law firm whose boss has 40 years of experience will likely bill more than a solo attorney with three years of experience. Why? The less experienced attorney not only has his own experience, but a law firm full of experience from which to draw free advice. When you are hiring an attorney, to some extent you are hiring that attorney's whole firm.
Fundamentally, you need to figure out why an attorney's billing rate is so high or so low. Some are high just out of the fact that the attorney sets their rate as high as they think they can get away with. On the other hand, some rates are very low because that attorney handles cases like yours in bulk and will give your case minimal individualized attention (there are cases for which this is fine, though, if your case is extremely uncomplicated). As a result, you need to know the comparative billing rates of your potential attorneys, but this should not be the only factor in your decision.
Experience
My personal opinion is that experience is a double-edged sword and somewhat overrated as a means of evaluating an attorney. More experienced attorneys tend to charge more, spend less time preparing, give less attention to their individual cases, and be less "hungry" to win. Moreover, laws change so frequently that sometimes that experience can be a detriment if the attorney missed a change in the law. On the other hand, experienced attorneys are more likely to know the judges, make fewer technical errors, and be more confident in the advice they give you.
Really, you need to decide what you want. As a relatively young attorney myself (disclosure: I'm not turning 30 until 2015) I've always felt the advantages of a more inexperienced attorney are actually pretty great, especially when that attorney is in a law firm with more experienced attorneys to draw from. Nonetheless, you have to decide what you are most comfortable with.
Ratings
The next way to evaluate your potential attorneys is to look into how they have been rated, either by other attorneys or by other clients. While we cannot allow subjective statements about ourselves on our websites (or blogs), there are sites we do not control which do. You can find law firm ratings on Yelp and you can find individual attorney ratings on Martindale-Hubbell (if you're interested, you can find our firm's Yelp rating here, and my personal Martindale-Hubbell rating here, but note that I do not endorse any of the statements made therein). Those are my two favorites, personally. There are other sites out there as well, however, such as ratemyattorney, Avvo, and similar metrics.
The danger of these sites, however, is two-fold. First, anyone can post. There is no guarantee that the rating is actually left by the person who claims to be leaving the rating. Second, as I say in my disclaimer whenever I discuss case results, every case is different, so the experience of one client may not reflect the experience you will have.
Reputation
To me, the gold standard in evaluating an attorney is that attorney's reputation, both within and without the legal field. Now, you might be thinking "how do I find out an attorney's reputation?" I will admit, it's hard. If you don't have word of mouth sources to go to, you may very well not be able to find out, but there are ways. Once good way if you are interviewing multiple attorneys is to ask the attorney you are interviewing if they know of/about the other attorneys. Remember, we are required to be truthful. Just a couple months ago I had a landlord/tenant client who was having issues with her ex-husband. I asked her who her divorce attorney was, about to make my pitch for why she should switch to us, but I stopped dead in my tracks when she told me who she had. Instead, I had nothing to say but "well, if you can afford his billing rate, you won't do much better than him." If the interviewee doesn't know the other attorney, I wouldn't hold that against the other attorney (there are many reasons we don't know the name of another attorney - I'm still learning about some very experienced, very good attorneys myself), but if they do, that attorney's opinion will be very valuable.
Putting it All Together
So, you've interviewed all of those potential attorneys, gathered their billing rates, experience levels, ratings and reputation, and now you have to combine it into a choice. Ultimately, you have to decide based on your comfort level. Ideally you'll have a reasonably experienced attorney with top-notch ratings, a super reputation, and all with a low billing rate which is low because he just doesn't like charging people money. Realistically, that's not going to happen. Decide your budget, how difficult you think your case is, how much individualized attention you want your case to get and go from there. I cannot say much more than that in this paragraph because really, you have to choose the attorney that works for you, there is no simple formula.
Conclusion
Many factors should go into deciding what attorney you hire, and billing rate should not be the only (or even the primary) one. If you are dealing with a legal issue that warrants the assistance of an attorney, I encourage you to consider giving us a try. You can call (703)281-0134 or e-mail me at sleven@thebaldwinlawfirm.com to set up an initial consultation. Our initial consultations are free for up to half an hour!
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