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5 mistakes to avoid when hiring an attorney

To make sure that you are getting the best legal counsel for your investment, make sure you avoid the following mistakes when hiring an attorney.

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By
Latisha Catchatoorian
, WRAL Digital Solutions
This article was written for our sponsor, Whitley Law Firm.

If you find yourself in a situation where you need an attorney, it can be overwhelming to know where to begin when making your choice. For example, if you've ever received a speeding ticket before, the influx of letters in your mailbox from lawyers offering their services is reflective of how many options you have for legal representation.

To make sure that you are getting the best legal counsel for your investment, make sure you avoid the following mistakes when hiring an attorney.

1. Not speaking to an actual attorney before you hire someone

While advertisements and referrals may be a great way for you to find a lawyer, having a conversation with the attorney you plan to hire is essential before you proceed with retaining their legal services.

As a client, you have a right to speak directly with the attorney who will be handling your case. This gives you an opportunity to vet them before you hire them and allows you to see if the attorney-client relationship is a good fit.

Additionally, an intake specialist is often mistaken for an attorney when they are actually employed professionals whose job it is to answer client calls and take down important information related to the case. When inquiring about legal representation, especially via the phone, make sure you are speaking with an actual attorney or that you are able to schedule a time to speak to one.

"The number one question you should consider when hiring a lawyer is asking them how accessible they will be. If it's a struggle to get them on the phone or schedule a conversation with them from the get-go, then that's probably not a good sign," said Ben Whitley, partner and attorney at Whitley Law Firm in Raleigh. "You want someone who is going to be there for you throughout the legal process from start to finish. In my experience, getting to know your clients personally is the best way to adequately represent them."

2. Not doing your homework

As mentioned, there are a lot of lawyers in the local area and it can be challenging to sift through them all to determine the best option for you and your case. As you would with any major or important investment such as purchasing a home, a vehicle or a new appliance, you should do your homework.

Researching an attorney may include looking up information on their website, reading online reputation reviews from past clients, investigating whether there have ever been any bar complaints against the attorney or their firm, and determining if they are qualified to represent your best interests.

3. Hiring an attorney without experience on cases like yours

Attorneys work on all kinds of cases from personal injury and criminal defense, to divorces and immigration.

It's important you hire an attorney with a proven track record of experience handling cases that are similar to yours, or at least in the same wheelhouse. Afterall, you wouldn't go to a sporting goods store to find a cocktail dress even though they're both clothing stores, now would you?

"When you're trying to find a lawyer for an automobile accident claim, for example, I always recommend that you find lawyers who do that kind of work," said Bob Whitley, founder and attorney at Whitley Law Firm. "You might already have a family lawyer or estate lawyer — someone who the family knows. You might be inclined to go to him or her with a serious automobile claim, but I think that's clearly a mistake. You want someone who has experience handling auto claims cases."

Attorneys who have handled cases like yours will have a background litigating on behalf of those in similar situations and you should hire a lawyer who can go to bat for you with that type of experience under their belt.

4. Not hiring an attorney with a contingent fee

A contingent fee is a fee charged for an attorney's services only if the lawyer handles the cases successfully or it is favorably settled out of court.

As explained by the American Bar Association, "lawyers and clients use this arrangement only in cases where money is being claimed — most often in cases involving personal injury or workers' compensation."

If you have a case of this nature, hiring an attorney without a contingent fee can leave you with additional financial obligations on top of money you have lost due to injury, medical bills or being out of work.

It is also important to note that many attorneys offer free consultations to go over your case to see if you have a strong case or not. If an attorney does not provide a free consult or does not offer a contingent fee arrangement in cases with financial claims, then there are probably better options for you to consider.

"I have seen so many people get financially taken advantage of over the course of my career when hiring an attorney," Ben Whitley said. "If you are getting nickeled and dimed for every minor thing, such as being billed for an email correspondence with your lawyer and things of that nature, I suggest you find someone who is more interested in achieving success for your case, rather than from your wallet."

5. Not reading the fine print

We live in an era where most of us just hit "accept" to all the terms and conditions, rarely taking the time to read the fine print. When it comes to hiring an attorney, it's imperative to make an exception.

When outlining an employment contract with your hired attorney, be sure that there are no hidden fees, that you're cognizant of what you will have to foot the bill on, and that you're aware of any other disclosures or important information before you sign your name on the dotted line. It would be unfortunate to be tied up in a legal agreement that you did not know all the details of.

If you're in a situation where you need an attorney, it can be a stressful time. While avoiding these five mistakes will hopefully help you enlist the legal counsel of someone who has your best interests at heart, you should feel seen and heard from your attorney above all else.

Make sure that you hire someone who wants to work with and for you.

This article was written for our sponsor, Whitley Law Firm.

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