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When Looking for a Lawyer, Go with Your Gut

Another referral source is someone who has been through a similar legal problem or who regularly works with lawyers in the field. Need a real estate lawyer? Call a real estate broker. Others who often have first-hand knowledge of local lawyers are bankers, accountants and insurance brokers. Of course, lawyers themselves can be good referral sources, but try to talk to a lawyer with direct knowledge of the particular field. "I wouldn't call an antitrust lawyer for a referral to a divorce lawyer," says Charles C. Abut, a divorce lawyer in Fort Lee, N.J. He suggests giving greater weight to referrals from people who have seen the lawyer in action, such as other lawyers and former clients.

The notion that it takes one to know one is the idea behind the directory of lawyers, The Best Lawyers in America. Its editors select lawyers to include based on the recommendations of other lawyers who practice in the same field of law. They survey lawyers, asking the single question: "If you had a close friend or relative who needed a real estate lawyer (for example), and you could not handle the case yourself – for reasons of conflict of interest or time – to whom would you refer them?"

In the search for the right lawyer, referrals are only starting points. The next step is to research the lawyer's credentials and background. "It is important for every consumer to do his or her own independent homework," says Stephen Gallagher. Start with a Web search. Look for news reports about the lawyer, articles written by the lawyer, cases the lawyer won or lost. Call the local Better Business Bureau or Chamber of Commerce. One important item many consumers fail to check, Gallagher says, is whether the lawyer is properly licensed. In New York, the court system maintains an online registry of lawyers that shows whether they are properly licensed and whether their license has been suspended or revoked. Connecticut and New Jersey provide similar information online.

If checking the lawyer's license seems overly cautious, consider this: Last November, a Syosset, N.Y., lawyer was sentenced to prison following the discovery that, for more than a decade after losing his law license, he had continued to practice law – maintaining an office and taking on clients. The Nassau County district attorney alleged the unlicensed lawyer stole some $613,000 from his clients.

While the Internet is useful in checking up on a lawyer, legal industry observers say it should never be a consumer's sole source for selecting a lawyer. "The Internet is like the yellow pages," says Charne. "One of the problems is that anyone who hires someone who is skilled in graphics and marketing can look very good."

You have to feel you can relate to that lawyer - it has to be a good emotional fit.

So you have some lawyers' names. You've checked their backgrounds. Now comes what experts agree is the most important step in finding the right lawyer – the interview. "There is no substitute for a face-to-face, eyeball-to-eyeball meeting," says divorce lawyer Charles Abut. "If the chemistry between you is not right, it's not going to work."

Joel A. Rose discovered this in the extreme when he and his wife needed to hire a lawyer to represent them in a shore-town zoning dispute. A Cherry Hill, N.J., management consultant to law firms for nearly 40 years, Rose is no stranger to the legal profession. He wanted a lawyer who knew the law and who knew the local politics. He sought referrals from friends, lawyers and business associates, then set up interviews with several prospective lawyers. When Rose was unable to make the interview with one lawyer who came well recommended, his wife went without him. As she sat in the waiting room, the lawyer came out, saw her, approached and said, "Sorry, we don't have any secretarial positions available." Politely, Mrs. Rose explained the reason for her visit and went through with a brief interview, but nothing the lawyer could say would undue her first impression.

Some lawyers charge for the initial interview, many do not. If you found the lawyer through the city bar's Legal Referral Service, you will pay the lawyer $35 for the first half-hour, which the lawyer sends to the referral service as its administrative fee. At the interview, don't be afraid to ask questions, experts say. Ask about the lawyer's overall practice and experience in handling matters such as yours. Ask who will handle your case – the lawyer or a less-experienced associate. Query the lawyer about answering and returning phone calls. Find out the lawyer's approach to making decisions about your case and how he or she will inform you of new developments. Does the lawyer seem attentive, or is one eye on e-mail?


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