Question #1: Do you really need an attorney? In many cases, not necessarily. Depending on where you live you may be able to have your "day in court" in the court of a Justice of the Peace, where the maximum amount that can be decided cannot exceed $5,000. If you have been involved in an automobile accident, your automobile insurance may cover the cost of an attorney to represent you. If you're being sued over something related to any real property that you own or occupy, your homeowner's or renter's insurance policies may cover the cost of an attorney.

Question #2: How does someone find an attorney? I hate to answer a question with a question, but you need to answer these questions:

a) Have you ever worked with an attorney in the past? Was it a successful relationship? If so, go to that attorney and see if they can handle your case and if not, can they refer you to someone that's better qualified?

b) Do you have a friend, neighbor, accountant, insurance representative, clergyman...someone that you could ask for a referral? Referrals are always the best way to start the process.

Question #3: What about calling an attorney that advertises? Think twice about it. Although advertising has become a common practice in the legal community, feedback from many of my listeners tell the same story. Many attorneys that advertise are almost like open auditions/casting calls for clients. What sort of personalized treatment could anyone expect when advertising can potentially generate dozens and dozens of new clients? Be wary. 

Question #4: What about these ads that refer to either "certified" or "not certified" by the state board of specialization? If they're certified, does that mean they know more or are better than someone that isn't? The "board certified" notation doesn't mean much in the State of Texas, in my opinion. All it does mean is that the "certified" attorney (passed) a written exam about their particular area of expertise--personal injury, for example--and paid their fees to the State Bar, and can now use that on their business cards, letterhead or advertising.

No oral exam is given, and the specialization certification process has not ended up what was first envisioned when it was created. Proof positive of this...look at all of the terrific attorneys that aren't board certified but are doing great jobs!

By the way, all attorneys that are actively practicing in the State of Texas must have passed the State Bar examination and be a member of the State Bar Association. In addition, all attorneys are required to attend CLE: Continuing Law Education classes on an ongoing basis to make sure they're staying abreast of all developments and changes in the increasingly complex world of law.

Question #5: But don't I need to find someone that has experience in handling my particular type of case? Absolutely! You wouldn't go to a podiatrist if you had lung cancer; make sure the attorney you do decide to meet with has the proper level of experience to handle your type of case. If you're needing help with a divorce, see a family law specialist; it's doubtful a bankruptcy attorney or patents/copyrights attorney would do you much good!

Question #6: Are you considering a large firm vs. a small firm or individual practitioner? Remember, a large firm might be impressive and have an impressive reputation in your particular area of need, but that impressive lobby, nice letterhead and courteous staff add up to big overhead that costs money. Who do you think will be paying for it? I promise, the hourly fees for a larger firm will be measurably higher than for a firm of smaller proportions.

Question #7: What about calling the local or state bar association for a referral? Wouldn't they be a good source for an attorney, since all of the attorneys have to be approved by them? I called the Texas State Bar Association in Austin and they referred me to an 800-number, which I called. Guess how you become a lawyer who is referred on this 800-number? You pay an annual fee! That's it! No checking into background or qualifications. It's just a matter of "who's up next" on the referral list.

In Tarrant County there are around 3,000 lawyers, but only 2,000 belong to this referral service. Oh yeah--minor detail--they have the privilege of paying $100 a year for this referral service. Do the math, folks! That's $200,000 in fees generated by just the lawyers in Tarrant County alone! Just think how the numbers stack up statewide.

Question #8: Does this referral company do any due diligence on the attorneys that they refer? They send out an annual questionnaire that updates their information in their database and allows the attorney to update what type of law he/she's practicing. Of course the attorneys referred through this network have to be in good standing with the state/local bar associations, but that's it.

Question #9: Do attorneys have to carry malpractice insurance in case they make a mistake? No! They can screw up (and plenty do) and leave you holding the bag, but they don't have to have any insurance coverage that would pay if you sued them and won a judgment. Here's a question for you to consider: Why is it that when we drive a car in the State of Texas, we are legally required to have minimal public liability coverage--in case we make a mistake behind the wheel--but attorneys aren't required to carry insurance coverage in the event they make a mistake in the courtroom? (Here's a clue: Who do you think makes the laws in the first place?) 

Question #10: What questions should you ask a prospective attorney when you're interviewing them?

a) What is your area of specialty?
b) How long have you been practicing in Texas? Where did you go to law school?
c) What's your win-loss record?
d) Have you ever been sued for malpractice? What happened?
e) Have you ever been brought before the state bar for disciplinary reasons?
f) How are you paid? Hourly? Flat fee? Combination?
g) Do you carry malpractice insurance? Why not?

Remember, you're the boss, not the attorney. You are paying him (or her) to work for you, so don't be afraid to ask these questions, and then write down their answers!