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What Is an Attorney at Law?

An attorney (sometimes called a barrister, solicitor, counselor, counsel, or lawyer) can be described as a licensed and professionally-trained person who helps people through legal issues. An attorney’s work usually involves the preparation of legal documentation and/or representation of individuals summoned by government agencies and courts.

What responsibilities and duties do attorneys have?

There are a couple of primary duties a licensed attorney has – protecting the rights of a client and upholding the law.

Legal advice: what is it?

When you are given advice by an attorney, you are essentially receiving a conclusion made by extensive study and training (and potentially hours of research combing through volumes’ worth of documentation) to ensure that it covers laws pertaining to your issue. When an attorney prepares a plea, contract, or any other type of document on your behalf, they are using the knowledge and skill of this profession to help you.

When experiencing a legal issue, should an attorney be hired?

Not always. There are several resources that individuals can use. Your situation could possibly be resolved in Small Claims Court or through mediation. An attorney referral program is capable of helping you establish the most objective course to take for your particular needs.

When should an attorney’s services be sought out?

You are encouraged to speak with an attorney well before you’re faced with legal difficulties if you can. Speak with an attorney before any papers are signed. Don’t take any action without consulting a legal expert.
Think about speaking with an attorney whenever you are involved with one of the following scenarios:

  • You plan to enter a written or verbal contract – one that comes with significant financial consequences.
  • You’re involved in some kind of accident, and an injury has been sustained by somebody, or property has been damaged.
  • You’re trying to acquire an account that another person is in possession of, or somebody else is trying to acquire an account that you own, and is questioning your ownership of it.
  • You want a professional opinion about a real estate title.
  • You’re interested in making a will and planning your estate.
  • You’re dissolving or organizing a business.
  • You’re settling someone’s estate.
  • You’re involved in some kind of family situation like child support, divorce, or adoption.
  • Your employee or consumer rights have been abused.
  • You’ve been served legal documentation as part of some kind of civil lawsuit.
  • You’ve been charged with a crime.
  • You sustained an injury or damage to your property from an accident.
  • You’re filing for Chapter 11, or your financial status is changed.

There are several reasons why it would be worth your while to speak with an experienced attorney. Rozhik Law Firm PLLC will help you determine what your options are.

What is the duty of my attorney?

The principal duty of your attorney is to make sure that the legal rights you’re entitled to are given. Attorneys are sworn to go through each case in a professional, orderly manner – one that assures that you’ll be given a fair chance based on their merits. The attorney can’t incur obligations or make agreements without your approval first, especially since they are capable of prejudicing your interests.

What duties do I have?

Your attorney must be given all of the facts about your case. You should give them fair and full disclosure about the whole situation. The attorney needs to know both unfavorable and favorable aspects about the situation for the sake of serving you to the best of their ability.

How can I decide if hiring an attorney will be right for me?

An attorney will familiarize themselves with you during your initial meeting, and you’ll be able to decide if they’re worth hiring. Before committing to this decision, ask the attorney some questions in order to fine-tune your evaluation.

Can I ask the attorney about the likely outcome of my case when meeting them for the first time?

You can. Ask them what their opinion is about the weaknesses and strengths of the case. You can also ask if settling out of court is an option, as opposed to going to trial. Find out how much experience the attorney has, as far as trial work is concerned. Red flags should go up in your head if the attorney tries to guarantee a large settlement and/or assures courtroom success.

What types of fees do attorneys charge?

When establishing their fee, attorneys consider all difficulties that are associated with your issue, the length of time necessary to resolve it, and the potential outcome’s value to them. Be mindful that attorneys charge various expenses that are necessary to help clients better. Attorneys charge fees to cover the costs of office help, furnishings, and rent. They’ll also need to equip their office library, regularly keeping it updated since the law is always changing. To ensure that the relationship you have with the attorney is sound, the fees that they charge should be discussed during your initial consultation. The attorney might not have the ability to let you know what the specific fees will be ahead of time. However, for a majority of situations, they’ll be able to give you an idea of what charges to expect. They’ll also tell you how the fees they charge are calculated. Occasionally, an attorney’s fee may be regulated by some kind of statute and/or fixed court rules. The charge might entail a percentage of whatever amount is recovered, or a small contingency fee. The billing or fee agreements that you make with the attorney should be put in writing. Written agreements go a long way towards helping you bypass potential misunderstandings.

How are services billed by attorneys?

There are a number of ways that an attorney might go about charging clients for the legal services they provide. You are encouraged to sign an agreement about the fees with the attorney that you hire. Such an agreement will go over the services provided by the attorney, as well as the ways that they are compensated.

  • Hourly fees: attorneys might charge an hourly fee for their time. A retainer (a.k.a. a deposit) is typically paid out to an attorney whenever they are hired. This retainer doesn’t represent all charges. You will still need to cover the costs of hourly expenses, which covers things like filing fees, photocopies, court reporting, long-distance rates for phone calls (if they are needed), or commutes. In some regards, an attorney might not have the ability to gauge the amount of work required, or how costly the whole case will end up being. However, they can give you a basic idea of what to expect, along with a total cost estimate.
  • Contingency fees: the attorney might end up being paid a contingency fee. That means the client won’t have to pay a cent unless the attorney is successful with the case. When it comes to employment law, malpractice, product liability, collection matters, and personal injury cases, attorneys generally prefer to be paid a contingency fee. Based on the arrangement, an attorney might ask their client to cover various expenses, including costs that expert witnesses charge (an “expert” can be defined as an individual who is well-versed about a particular subject because of their specialized experience or education). Expert witnesses will be permitted to testify inside a court of law in an effort to help either the jury or judge understand technical or complicated subjects, especially ones that aren’t within the basic understanding or knowledge of people in the room. Other expenses may also be charged, including the ones mentioned earlier.
  • Flat fees: the attorney might only charge a flat rate. As such, a specific amount will need to be paid to the attorney to handle the case, regardless of how many hours are spent on it. Uncontested divorces, bankruptcies, and property purchases are typically dealt with on the basis of flat fees. Sometimes, attorneys combine several options listed above depending on what the case entails.

Limited scope services: you might want to handle the entire legal process on your own, but you also understand that an experienced attorney’s contributions will be priceless, especially if you want to achieve a specific task. Limited scope representation lets you utilize the services of an attorney for the sake of meeting those needs, while isolating them from work that you want to perform by yourself. Fees involved with this kind of representation may be a combination of the options above. It is imperative for you to understand precisely what kind of fee agreements you commit to. Don’t be shy about asking questions.

Is “shopping around” for a budget-friendly attorney recommended?

As is the case for any service or product you buy, the quality that you get will reflect the amount that you pay. In other words, you’re not going to get high-quality legal advice if you aren’t willing to spend money for it. With that said, you shouldn’t spend an arm and a leg if you’re not going to get your money’s worth. Go over the billing statement with a fine-tooth comb. If you think that certain charges are unjustified, or if a certain item on the bill is something you are not familiar with, request clarification. Further, if you notice differences in fees, don’t be afraid to ask your attorney why such a difference is there.

What steps can I take to minimize legal costs?

Answer the attorney’s questions honestly and fully. If the attorney is told all facts to the best of your ability, you’ll reduce time that would be better spent on more important investigations of the case. Comprehensive information provided to the attorney will help them perform better, as well. Your attorney will be bound by the profession’s ethics to keep everything that you reveal confidential. You may be asked to share records or documentation that are relevant to the matter. It’s important to speak with the attorney about the case’s facts, even if anything paints you in a negative light. These aspects will inevitably be revealed when the trial is taking place anyway.

How can I go about getting things ready for the initial meeting with my attorney?

Go over the initial interview with a completely open mind. Don’t hire this attorney until you’ve considered the responses to the questions you asked. Consider asking the attorney the following questions:

  • How much experience do you have in this particular field?
  • Are matters similar to mine something you’ve handled before?
  • What types of outcomes are possible, as far as my case is concerned?
  • Are there any alternatives on the table, as far as the resolution of the matter goes?
  • What is the length of time resolution of this case will take?
  • Is arbitration or mediation something you recommend?
  • What kind of rates you charge, and how frequently will I be billed?
  • Can you give me a rough quote for the expenses and fees I can expect to pay?
  • Will I be kept informed of how things are going?
  • What sort of approaches do you take when it comes to resolving matters like this? Are you unyielding and aggressive, or are you inclined to try and reach a settlement that is reasonable?
  • Is there anybody else besides you that will work diligently on this case?

Will paralegals or junior attorneys part of your firm handle administrative duties at reduced rates?

Once an attorney is hired, what should I expect?

Once an attorney has been hired, frequent and substantial interaction with you typically isn’t needed. The fees that attorneys charge typically come with nominal contact. With that said, if you would prefer to have consultations with the attorney for the sake of discussing your case’s status or developments, you are encouraged to schedule an appointment. Find out if additional charges are involved for in-person visits. Sometimes, digital correspondence is the most efficient and economical approach to getting questions answered.

What do I do if there is an issue with the attorney?

If there is an issue that you have with the attorney, try to discuss it in detail with them. If any problems can be worked out, make a solid attempt to. If problems can’t be resolved, though, you have the right to find another attorney that can represent you. You might have to pay some of the departing attorney’s fees for the time that they had spent working on your case if this situation transpires before legal issues are settled. That attorney is obligated to return any documentation associated with your case. If you’re having trouble working with the attorney, seek assistance from the New York Bar. If you think that the attorney isn’t well intended, or has done something unethical or illegal, a grievance can be filed against the attorney.

Can an attorney licensed in 1 state practice law inside another state?

No. Attorneys must be in compliance with each respective state’s requirements if they wish to become licensed in multiple states.

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ATTORNEY ADVERTISING. Information presented on this site should NOT be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Using the advice provided on this site without consulting a lawyer can have disastrous results. Prior results do not guarantee similar outcomes. This web site is not intended to solicit clients for matters outside of the State of New York, although we have relationships with attorneys and law firms in states throughout the United States.