HOUSTON – Been in an accident? Going through a divorce? Need a criminal attorney?
Most of us have been in situations where we needed either advice from an attorney or had to hire an attorney to help with a legal issue.
But how do you know if they’re the right lawyer for you? Here’s a list of red flags you should be aware of before hiring an attorney.
How to spot red flags
1. Lack of communication - communication between a client and a lawyer is vital. If there are more than a few times you are unable to get a hold of your lawyer, whether it’s via email, phone, or paper mail, you may want to seek a different attorney who’s more available.
2. Unorganized/unnecessary delays - feeling like your attorney is all over the place? Late to meetings, unable to find vital documents or information related to your case? Of course, some attorneys have a ton of work to complete, so sometimes things can get a bit hectic, but if you start to notice a pattern, that could be a red flag. Also, if your attorney consistently ignores deadlines or delays important meetings, then it is in your best interest to cease working with them and find new legal representation.
3. No personal connection/not searchable on the internet - if you have friends or family who have had a good experience with an attorney, it may be best to look into that option since you will have an idea of who you’re working with. If not, most attorneys should be able to be found on the internet using Google, a social media account, and a website.
5. Excessive or surprise fees - From the start of the conversation, you want to arrange and get the fee agreement in writing. Your lawyer may ask you to pay money for a deposit, called a retainer, before they start work on your case. Review the bills the lawyer sends to track how your money is being spent. Ask the lawyer to explain any charges you don’t understand. There are different kinds of fee arrangements - flat fee, hourly fee and retainer fee. Visit the Federal Trade Commission for a full breakdown of fees.
6. They’re not listed in the state’s bar association directory - every licensed lawyer must be listed in the state’s bar association directory. To find them, search using a state bar number or their first and last name. The profile should include basic contact information, whether the attorney can actively practice law, and any ethical trouble he or she may have gotten into.
If you notice any of these red flags while meeting with a lawyer, it may be in your best interest to look for legal counsel elsewhere.
How to file a complaint against an attorney
You can file a complaint against an attorney with the State Bar of Texas.
If you’re not located in Texas, visit the directory of lawyer disciplinary agencies prepared by the American Bar Association.
Before filing a complaint, try to work things out with your attorney, if possible. But if not, you will have to follow the state’s procedure to file a complaint.
In Texas, you can submit a grievance against your lawyer online using: https://cdc.texasbar.com/cdc/home/Index
According to the State Bar of Texas, it can take up to at least 30 days from the day of the filing for a decision to be reached.
How to pursue a claim for attorney malpractice
If the State Bar of Texas finds that your complaint has merit, the attorney could face disciplinary action, which could include the attorney losing their license to practice law.
Also, you may pursue additional legal action if you want to recover money you may have lost due to your lawyer’s actions. If so, you can sue your attorney for professional malpractice. You will need to demonstrate their representation was below the acceptable professional standard and that you were harmed by the attorney’s failures to make a successful malpractice claim and receive damages.
How to choose a lawyer/questions to ask
The Texas Bar provided a list of questions clients should ask before hiring a lawyer. After doing your research and finding the best attorney to suit your needs, the Texas Bar says you should ask the following questions:
- Are you specialized and/or experienced in my type of problem?
- Will you or one of your associates be handling my case?
- Will you regularly contact me about my case’s status?
- Will I be provided with copies of all important documents, and will there be a charge for those documents?
- Will I be able to make the final decision on my case?
- What is your estimate of the time needed to complete my case?
- What will be required of you financially to retain the lawyer?
Once you complete your first interview with the lawyer of your choosing, the Texas Bar says you should consider the following things before giving the green light:
- Could you communicate effectively with the lawyer?
- Was the lawyer clear and easy to understand?
- Are fees reasonable in comparison with other lawyers’ charges?
- Did the lawyer give clear explanations of how he or she will keep you informed about progress in your case?
- Am I satisfied with the interview and the information the lawyer provided? If not, do not hire him or her.