Finding an Attorney

How to find, evaluate, and work with the right attorney for your legal situation.

When Do You Need an Attorney?

While you have the right to represent yourself in most legal matters, there are situations where having an attorney can make a significant difference in the outcome of your case. Consider hiring an attorney when:

• You are facing criminal charges, especially felonies that carry prison time
• You are filing or responding to an appeal, which requires specialized legal writing and knowledge of appellate procedure
• Your case involves complex legal issues, such as constitutional challenges or federal habeas corpus petitions
• The opposing party has legal representation
• Significant money, property, or freedom is at stake
• You are unfamiliar with court procedures and deadlines in your jurisdiction

Types of Attorneys

Attorneys typically specialize in specific areas of law. Choosing someone with experience relevant to your case is critical.

• Criminal defense attorney: Represents individuals charged with crimes, from misdemeanors to serious felonies
• Appellate attorney: Specializes in appeals and post-conviction relief; skilled in legal research, writing, and oral argument before appellate courts
• Civil rights attorney: Handles cases involving violations of constitutional rights, including police misconduct, discrimination, and conditions of confinement
• Family law attorney: Handles divorce, custody, child support, and domestic violence matters
• Immigration attorney: Assists with visas, deportation defense, asylum claims, and naturalization
• Personal injury attorney: Represents clients injured due to someone else's negligence, often working on a contingency fee basis

How to Evaluate an Attorney

Experience and Track Record

Look for an attorney who has handled cases similar to yours. Ask how many cases like yours they have taken on, what the outcomes were, and how long they have practiced in this area. An attorney who primarily handles contract disputes may not be the best choice for a criminal appeal.

Reviews and Reputation

Check online reviews, state bar association records, and attorney rating services. Verify that the attorney is licensed and in good standing with your state bar. Disciplinary records are public in most states and can be searched through the state bar's website.

Communication Style

Pay attention to how responsive the attorney is during your initial contact. Do they return calls promptly? Do they explain legal concepts in language you can understand? A good attorney-client relationship depends on clear, regular communication.

Fees and Billing Transparency

Ask for a clear explanation of their fee structure before signing any agreement. A reputable attorney will provide a written fee agreement that outlines exactly what services are included and how billing works.

Attorney Fee Structures

• Hourly rate: You pay for each hour the attorney works on your case. Rates range from $150 to $500+ per hour depending on experience and location. The attorney should provide regular billing statements.
• Flat fee: A single, fixed price for a defined scope of work, such as drafting a motion or handling a plea negotiation. This provides cost certainty but may not cover unexpected complications.
• Contingency fee: The attorney takes a percentage of any money recovered in your case, typically 25% to 40%. You pay nothing upfront. This is common in personal injury and some civil rights cases but is not allowed in criminal cases.
• Pro bono: Free legal services provided by attorneys fulfilling their professional responsibility to serve the public. Many law firms have pro bono programs for clients who cannot afford representation.
• Retainer: An upfront deposit placed in a trust account. The attorney draws from this retainer as they work on your case and may request additional funds as the retainer is depleted.

Free and Low-Cost Legal Resources

Public Defenders

If you are charged with a crime and cannot afford an attorney, the court will appoint a public defender to represent you. Public defenders are licensed attorneys who handle criminal cases daily. While they often carry heavy caseloads, they have deep experience in criminal defense and know the local courts well.

Legal Aid Organizations

Legal Aid societies provide free civil legal services to low-income individuals. They handle cases involving housing, family law, public benefits, and consumer issues. Eligibility is typically based on income, often set at 125% to 200% of the federal poverty level.

Law School Clinics

Many law schools operate clinics where law students, supervised by licensed professors, provide free legal assistance. These clinics handle a range of cases including criminal defense, immigration, family law, and appellate work. The quality of representation is often excellent because cases are closely supervised.

Bar Association Referral Services

Most state and local bar associations run referral programs that match you with attorneys based on your legal issue and location. Some offer an initial consultation at a reduced fee, typically $25 to $50 for the first 30 minutes.

Questions to Ask During a Consultation

Your first meeting with an attorney is your opportunity to evaluate whether they are the right fit. Come prepared with these questions:

1. How many cases like mine have you handled, and what were the results?
2. What is your assessment of my case's strengths and weaknesses?
3. What is your fee structure, and what is the estimated total cost?
4. Who will actually be working on my case? Will it be you or an associate?
5. How will you keep me informed about the progress of my case?
6. What is the likely timeline for my case from start to resolution?
7. What are my options if I cannot afford your full fee?
8. Are there any potential conflicts of interest?

For more background on navigating the legal system, read our guides on how to file an appeal, legal terminology, and court rules and procedures.