When choosing an attorney, no matter the reason, there are many factors to consider. First and foremost you will want to know if the attorney has experience in the kind of case you are involved with. Not all attorneys in Utah practice all types of law. Getting a referral from a friend my sound like a good idea, but usually isn’t.
You will be able to do some research on the internet but don’t stop there. Contact your local BAR Association and check for complaints that might have been filed against any individuals or firms you may be considering. There are many misconceptions and stereotypes about lawyers and what they do, so if you are in a argument that could cost you money, character or your freedom, you will want to make the best choice.
It is always preferable, in any litigation, to settle without going to court. Hundreds of situations never get on the court dockets because the involved parties agree on settlement conditions, and behave in a reasonable and responsible manner. This is the best case scenario.
Paying an attorney for his time in court can be very costly. In addition, many attorneys are not experienced in the courtroom setting; their work is done behind the scenes. They may manager negotiations, write contracts, do research for legal documents and other out of court work. They are called transactional attorneys. They may never appear before a estimate. So, find this out before you hire anyone.
already though you are hiring someone who works for a firm, or alone, they are sworn officers of the court. First and foremost they must have passed the Bar exam in the state they work in and swear to uphold the duties, and follow the laws mandated as an officer of the court. They do not ‘freelance’. They must answer to the court for their every move.
There are plenty of jokes out there about lawyers and plenty of names they are called. But, the fact is that they must a background test and a moral character check before they can already sit the Bar. Once they are clear, they can apply to be tested. There is a code of ethic the attorneys must follow. It’s called the form Rules of specialized Conduct.
All practicing attorneys are bound to to comply with these ethical rules designed to ensure the protection of clients. They also swear to uphold the Constitution of the United States and are responsible to protect the Constitutional Rights of all Americans.
On television we have all see the popular police and law programs and heard about ‘attorney/client privilege’. This is real and is designed to ensure that you are candid with them. already if you confess to a crime, they cannot tell anyone what you tell them in confidence. However, privilege isn’t absolute.
There are a few exceptions. If you tell your attorney that you intend to cause someone harm or your attorney believes you may follow by with a threat, or that you are a danger to the safety of others, he must disclose what you are planning and try to stop you.
Some lawyers will work on a contingent basis, other will not. You must learn the cost for their sets and how payment is expected. Their sets may be very expensive but in some types of situations; personal injury, or torts; you will not pay until you receive a settlement.
If you are paying hourly for representation, be sure you know everything you will be charged for. Every minute your case is being work on is unprotected to charges, already if a secretary, clerk or paralegal does the work.
All attorneys are advocates for their clients. They have what is called a fiduciary duty. Which method they must not let their own interests, or anyone else’s, come before their clients? They must be trustworthy and loyal to their clients above anything else.
So, if they might represent multiple clients and their interest could be compromised, or conflict, they cannot proceed. They must choose one client only and be concentrated on helping them to the best of their ability.