Helpful Articles
Legal Consulting - Affordable Legal Advice
By Julie Kreutzer
The Recession has hit a lot of people hard. Unfortunately, a shortage
of money and legal problems often go hand in hand. However, many
legal problems get a lot worse unless you have the knowledge to
deal with them. I started doing legal consulting after watching
unrepresented people lose their hearings while I waited for my hearing
to begin. I noted that most of these people did not seem to understand
what the key issues and law were for their hearing, what they need
to prove to win, how to present their evidence and arguments, or
even the strengths and weaknesses of their cases. It was frustrating,
since their opportunity to be fairly heard was ruined because they
lacked the information to communicate their case effectively. However,
I could appreciate the fact that most of those people were probably
not in the financial position to retain their own attorney. Legal
consulting is a means of getting legal advice on an affordable pay
as you go basis, by the hour rather than coming up with a flat fee
or an expensive retainer. So as an example, it is possible to come
in for a one-time consult, pay for an hour of attorney time and
come away with information and advice specific to your case. Likewise,
it's possible to set up a series of meetings depending on your finances
and the complexity of your case. As always, there are positives
and negatives.
Among the positive benefits is that you can be very precise as
to what information you need and how much of it you need based on
your finances and your comfort level with the legal problem. Some
people stay for an hour and lay out the facts and the problem, get
information on how the law works, what the options are and what
to do or avoid doing (this is quite affordable since the first half-hour
is free). Others schedule an appointment to follow-up with additional
information and questions or to get coaching on how to handle a
hearing or mediation. Some might consult throughout a divorce, for
example, as they encounter new questions, different types of hearings,
settlement negotiations, etc. Clients who have consulted with me
say that the strongest positives is that they are relieved to finally
understand how the legal process works and have a better idea how
to proceed. They also have reported their hearings, etc., have gone
well because they understood the strengths and weaknesses in their
case and did a better job communicating with people like judges.
Finally, they often feel calmer and more able to deal with the problem
once they understand how to proceed.
Among the negatives is that I can't go to the hearing or mediation
because I am not counsel of record. I can help draft pleadings if
I disclose to the Court that I have been retained for the limited
purpose of drafting documents, but I can't send correspondence.
I don't have the ability to negotiate or even talk with various
people involved because I am not counsel of record. I don't have
ability to obtain information for the client in a formal way (although
I can do legal research and informal research). And, of course,
I am limited to the information provided to me by the client; which
means if there are missing pieces the advice is wrong or not as
useful. The strongest negatives clients report is that they would
far rather have me with them when they go to a hearing and they
don't feel as able to word the things the way I do. I often feel
frustration that I can't be there in case there are new developments
that the client won't know how to handle or if they get stressed
and need reinforcement.
At this point, I recommend legal consulting in cases where the
case is not overly complex or for those circumstances where there
would otherwise be no legal assistance. I don't view it as ideal
but know that the results are better when people understand their
case and are aware of the rules so that they can present their cases
properly.
If you are considering legal consulting, there are a few points
to determine:
1) How high are the stakes? (for example, if you might lose $200,000
or custody of your children, then you should make serious efforts
to get a loan for representation);
2) Do you want help drafting documents? (If so, you must retain
the attorney for the limited purpose of drafting documents;
3) do you have all the information and documents that you are likely
to need? (If not, it would be better to schedule once you have everything
so as to maximize your time with the attorney);
4) Do you want to pay as you go or have a small retainer so that
you can consult on an ongoing basis by email or phone.
If you are currently experiencing a legal problem, schedule a
consult with an attorney sooner rather than later. There are more
options at the beginning of a legal problem, which might resolve
the controversy. If you wait, some of those options will be gone
and errors might have been made that can't be fixed. When you are
scheduling, be sure to check that attorney's policy to see if they
do a free consult or what their hourly rate is and then budget a
time that fits with what you can afford. Also, check to determine
if they do legal consulting since some do but most expect you to
retain them. This is critical if you might want to have an ongoing
consulting relationship with an attorney.
FAQs ON LEGAL CONSULTING
Do all attorneys do legal consulting?
- No, many don't because they are uncomfortable with the prospect
that they might not have all the relevant information and because
they do not have control over the case. And of course, some honestly
feel that it isn't appropriate to send a party off to represent
themselves.
How do I determine how much time to schedule?
- Estimate how long it would take to explain the problem and show
the attorney your documents. Keep in mind they will have questions
and will need time to explain the law and their recommendations.
For most legal problems, it is appropriate to schedule an hour or
and hour and a half with an attorney. However, if you have a stack
of legal documents or the problem is quite complicated, you might
require more time.
What do I bring to an initial consult?
- It is important to bring court documents (for example, if you
were just served with papers, bring them. If you are part-way through
a case, bring all the pleadings). For other types of problems, bring
documents like leases, agreements, police reports, etc. Official
documents are important to getting good advice but informal documents
might also be important. For example, if you have four emails that
show threats made to you, bring them.
What should I tell an attorney at the start of the consult?
- Precisely what you want. Do you want an overview of the law?
Do you understand the law but need specific answers to questions?
Do you want them to analyze the strengths and weaknesses of your
case? Do you want them to coach you on how to handle a hearing,
mediation, etc.? Do you want a list of options available to you
with their recommendations?
How do I maximize the time I have for a consult?
- If you have a huge stack of documents that you are considering
taking with you, organize it and put it in sections since some of
it may not be relevant to your case. Also, write down your questions
and concerns so that you stay on track and get all the information
you need.
What do I avoid at a consult?
- The three problems are: 1) Being under-prepared; 2) being overly
emotional and going off-track; 3) overwhelming the attorney with
information. The under-prepared people often lack critical information
and have to reschedule. People who are overly emotional may spend
a great deal of time talking about how frustrated, angry or hurt
they are and lose time they could have spent getting information.
Finally, some people show up with a huge volume of information and
have to reschedule because it would take hours for the attorney
to wade through the stack and give them answers.
How do I determine whether one session is enough or how many
I need?
- The first session should give you a sense of how much help you
need. If you feel confident you understand the legal issues, your
options and how to proceed, one session might be fine. However if
you know the case is complex and you will need ongoing help as the
case develops, be aware of information or developments that you
don't understand or feel comfortable with and consider a follow-up
session.
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