Choosing the right attorney is critical to the success of your case. But here’s the problem: Not all lawyers are created equal. And if you end up with the wrong attorney, you could find yourself in a compromising situation with no good solutions.
Good Attorneys vs. Bad Attorneys
All attorneys are required to pledge certain oaths that state they will serve the best interests of their clients and manage themselves in a truthful and honest manner. However, as is the case with any profession involving imperfect people, not all attorneys are created equal. There are some great ones, some average ones, and some that you’d be better off never knowing.
Whether you’re facing a small civil matter, a personal injury claim, or a serious criminal situation, you want to do your best to find good attorneys and avoid hitching your legal wagon to a bad one who could compromise your case and/or make the experience miserable.
Avoid These 5 Red Flags
Attorneys don’t hang signs outside their office that say “good attorney” or “bad attorney.” They do, however, typically communicate where they stand based on their track record and interactions with you.
Here are a few red flags that, if spotted, should cause you to look elsewhere for legal counsel.
1. Lack of Transparency
One of the first things you should look for in an attorney is transparency, especially when it comes to fees and billing practices. If an attorney isn’t clear about how they charge or seems to avoid discussing fees until after they’ve started handling your case, be wary. A trustworthy lawyer will be upfront about costs and how they expect to be paid. They should explain everything from their hourly rates to any flat fees or retainers required. If they can’t provide a clear and concise billing structure, it might be time to look elsewhere.
2. Limited Experience
Experience matters in law. If you’re dealing with a specific issue, like a divorce or a real estate transaction, you need an attorney who specializes in that area.
Ask potential lawyers about their experience with cases similar to yours. How many have they handled? What were the outcomes? An attorney with limited experience in the relevant field may not be able to navigate the complexities of your case effectively.
3. Lack of Interest
Your attorney should be as invested in your case as you are. If it seems like they’re not putting in the effort or are always too busy to focus on your needs, this could be a problem.
Speaking of engagement in the case, you want an attorney who is committed to helping you get the most favorable outcome possible – not the easiest or least time-consuming. Some lawyers will aim for a settlement straight out of the gate. Other attorneys, like Steve Foley in New York, prepare every case for trial from the beginning, whether they anticipate a favorable settlement or not. Sure, a settlement might be your preference, but you want an attorney who at least prepares for all outcomes and doesn’t commit to a settlement right out of the gate.
4. Poor Communication
Communication is key in any relationship, but especially an attorney-client relationship. You want someone who will keep you informed every step of the way.
If an attorney fails to return your calls or emails in a timely manner, consider it a red flag. Regular updates and clear, understandable explanations are fundamental. Your attorney should be approachable and willing to explain the legal processes in a way that you can understand.
If you feel left in the dark about what’s happening with your case, it might be time to find someone who values client communication more highly.
5. Negative Reviews or Disciplinary Actions
Do a little digging online. Look up reviews and testimonials from other clients. What are they saying? While one or two negative reviews might not be a dealbreaker, a pattern of dissatisfaction from previous clients can be a serious red flag.
Additionally, check if the attorney has faced any disciplinary actions by the state bar association. This information is usually public and can be found on the state bar’s website. Any history of disciplinary actions should prompt you to consider other options.
Find the Right Attorney
There’s no such thing as a perfect attorney – but there are certain lawyers who are going to be a better fit for you, your case, and your personality. By avoiding the red flags highlighted above, you can increase your chances of finding the right fit.
