Ask questions, research when hiring a civilian attorney

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SHEPPARD AIR FORCE BASE, Texas --  A great benefit Airmen receive by serving in the Air Force is access to free legal advice and assistance, such as drafting of free wills and powers of attorney and advice on a variety of general legal matters.

Capt. Todd Swensen, an assistant staff judge advocate and the chief of legal assistance at the Sheppard Law Center, said there might be circumstances that require the services of a civilian attorney. If that's the case, he said getting a referral and asking the right questions are important.

"To find the names of reputable lawyers, ask a friend or neighbor, or co-workers about lawyers they have used," he said.

Another avenue to research potential lawyers, he said, is by calling (877)-9TEXBAR, the state's Lawyer Referral service. Captain Swensen said many libraries also have toll-free law directories that provide a brief biography of each lawyer.

Personnel at the Sheppard Law Center cannot make civilian attorney recommendations.

Perhaps the most important aspect when selecting an attorney is the amount of research before actually sitting down in an office.

"Remember, you will not know whether or not you can afford a lawyer until you have called a lawyer's office," he said. "Before making an appointment, call the offices of lawyers on your list and ask whether the lawyer will charge you for an initial consultation. The initial consultation is an opportunity for you and the lawyer to get to know each other.

The initial consultation is the lawyer's opportunity to explain what he or she can do for you and how much it will cost. You should not hesitate to ask about the attorney's experience in handling matters such as yours. Also, do not hesitate to ask about the lawyer's fees and the likely results.

There are a few questions to ask when calling or meeting with an attorney, such as does the attorney have experience with your particular circumstance? Does he or she charge for an initial interview, and if so, what is the cost? Does the attorney have a standard fee if it is a routine circumstance and what does that fee cover? If the issue is more complicated or the attorney doesn't have a standard fee, do they charge an hourly fee? Is there a written agreement that describes the fees and services?

After choosing an attorney, Captain Swensen said clients should prepare a written summary that outlines the circumstances. Documentation such as names, addresses, phone numbers, receipts, contracts, bills, etc., should also accompany the summary.

"Some lawyers may ask you to deliver written materials in advance of your first interview," he said. "If so, it would be best to provide copies and keep hold of the originals."

Clients should also prepare a list of questions for their attorney that addresses the attorney's experiences, who will handle your case, frequency of contact regarding the status of the case, availability, and the estimated time it will take to complete the case.

"Don't forget that when you hire a lawyer, the lawyer will be working for you," Captain Swensen said. "He or she should be genuinely interested in your problem, but realize that the lawyer may not be able to accomplish everything you wish."

The captain said that in most cases, attorneys will advise their clients to avoid court and settle through some other method such as mediation.

Another concern facing those looking to hire a civilian attorney is how much it will cost. There are different types of fee arrangements, but whichever type is agreed upon, the best way to protect yourself and avoid misunderstandings is to obtain a written fee agreement that states not only the client's obligation of payment, but also exactly what services the attorney will provide.

The "flat fee" is a set amount for your type of legal problem. Lawyers usually expect you to pay court costs and to reimburse them for out-of-pocket expenses, such as travel or copying expenses.

The "hourly fee" is billing by the hour. Such fees may vary widely depending upon the complexity of the legal work, the skill of the lawyer, and whether there are time deadlines, and may cost anywhere from $150 to $300 per hour. However, the hourly rate could be negotiable. Provisions can also be added that limits the amount of time or money spent on the case.

Clients should also insist that they be kept advised every month of the number of hours the lawyer is spending on the case. They also have the right to ask for a written explanation of what the lawyer did during the hours he or she worked on the case.

The "retainer" is an advance fee. Ask the attorney what this covers. Occasionally, the retainer is a flat fee that will cover the lawyer's services regardless of the amount of time the lawyer spends working. It's important to ask whether there will be a refund if the attorney does not spend as much time on the problem as provided for by the retainer.

For those unsure whether they need to hire a civilian lawyer, call the Sheppard Law Center at (940) 676-4262 or DSN: 736-4262 to schedule an appointment with one of our attorneys.