Potential clients often seem reluctant to ask about fees, lawyers say, but they agree you should not have to ask in the first place. Lawyers should be upfront in an interview about what they charge, what retainer they require and the total amount your matter is likely to cost. Ask to see the retainer agreement and make sure you understand its terms. Most lawyers will quote you an hourly rate, but hourly rates can be deceiving. A lawyer with a lower rate may take twice as long to do the work. A better measure is to ask for an estimate of the total cost. For Marvin Salenger, asking about cost can serve as a litmus test. When he helps find lawyers for clients with legal problems he does not handle, he always asks what the matter will cost. "If they say, 'I can't tell you,' then I say, 'Do you have experience in these cases or not? If so, what is the average cost?'"

A single interview with a single lawyer may suffice, but interviewing several lawyers will let you compare their backgrounds, demeanors and fee structures. "Shop around," says Salenger. "Do not hire the first lawyer you talk to." You can ask for references, but out of respect for the confidentiality of their former clients, lawyers may be reluctant to give them. If so, ask them to tell you about their publicly reported court cases or business deals.

After all is said and done, your decision comes back to that feeling in your gut. Joel Rose recounts what "a very wise lawyer" said to him many years ago: "Once a client comes to me, that client has to have a feeling of relief, that now it is our problem, that I am part of the client's team." Marvin Salenger sums it up in three words: Experience, intelligence, demeanor. If you are comfortable with those aspects of the lawyer, he says, then your gut is telling you OK.

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See also:
20 Questions for a Lawyer

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