Finding An Attorney

Self-representation, which is discussed in Part II of this book, is not for everyone, and is often ill-advised. Some general advice, to which there will be exceptions:

Avoid representing yourself when:

• losing could mean jail or the loss of a valuable license or privilege;

• in a divorce if you and your spouse have property and/or children;

• before a jury;

• where your claim for damages exceeds the Small Claims limit;

• in Federal Court proceedings;

• when your opponent is represented by an attorney;

• in a case that is complex and difficult to prove.

The process of hiring a lawyer is also called retaining a lawyer. People retain lawyers in three basic ways: 1) pay the lawyer a fee up-front, without agreeing to split the potential recovery; 2) enter into a contingent fee agreement with the lawyer, under which the lawyer will receive a percentage of your recovery (if any) in lieu of a retainer fee; 3) obtain free legal representation through a legal services organization such as the Legal Aid Society, or a public advocate such as the New York State Attorney General. As you know, you will need no help locating an attorney to represent you for an up-front or a contingent fee: they advertise in the Yellow Pages. Legal services, which are more in demand, are scarcer and harder to obtain than private representation.

Legal services organizations usually work on a "luck of the draw" system, where a lawyer is assigned to you at intake, but in the private sector, you are responsible for choosing your lawyer. The decision to hire an attorney should be your independent and informed choice, based on an investigation of the attorney's professional credentials and reputation, an in-depth, face-to-face interview in the attorney's office, and preferably, a comparison with one or more other qualified candidates willing to represent you. To avoid a potential conflict of interest, your attorney should not be hired or paid by another person, and you should not permit your attorney to simultaneously represent another person in the same case. Publications like Martindale-Hubbell, which assign letter grades to the lawyers they list, can be helpful in assessing an attorney's legal skills and reputation. The Office of Court Administration can confirm whether the attorney is a registered member in good standing of the New York Bar.

All things being equal, choose an attorney who suits your personal style and your legal agenda. If you want an amicable divorce, for instance, resist hiring a pit bull litigator whose humiliating ways may push your spouse into a divorce hearing you will never live down.

With some exceptions, real-life law practice has none of the glamour of movies or TV. The private practice of law, in my experience, is about economics as much as it is justice. If the lawyer's door doesn't stay open, after all, no one can walk in. If an attorney jumps at the chance to represent you, he probably sees financial promise in your case. If two or more attorneys turn you down, using phrases like "long shot" in the interview, they probably fear that their fee, by the time its earned, will have been eaten by their costs.

Private clients resent being "bottom lined" by attorneys, not realizing that the lawyer who turns them down may serve them better in the long run than the attorney who, due to inexperience, poor judgment, risk-compulsion, negative cash flow or idealism, gives them false hope by accepting an unwinnable case. The unsuspecting client, initially elated to have found representation, later regrets his decision, as a long losing court battle exhausts both his and the attorney's resources -- and the court's patience.

The degree to which you are dependent upon Federal, State and Local government assistance often determines your eligibility for legal services. The problem with that, from my perspective, is that working families with incomes too modest to afford private representation usually earn too much to qualify for legal services, one of the myriad of factors alienating working people in this society from both the economically dependent and the independently wealthy.

Referral Information by County
-from the New York State Bar Association

Bronx County
URL: http://www.nysba.org/Content/NavigationMenu/
Public_Resources/Legal_Information_by_County/Bronx.htm

Kings County (Brooklyn)
URL: http://www.nysba.org/Content/NavigationMenu/
Public_Resources/Legal_Information_by_County/Kings.htm

New York County (Manhattan)
URL:http://www.nysba.org/Content/NavigationMenu/
Public_Resources/Legal_Information_by_County/New_York.htm

Queens County
URL: http://www.nysba.org/Content/NavigationMenu/
Public_Resources/Legal_Information_by_County/Queens.htm

Richmond County (Staten Island)
URL: http://www.nysba.org/Content/NavigationMenu/
Public_Resources/Legal_Information_by_County/Richmond.htm