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General Questions

Find a short list of our most frequently asked questions.

If you need legal assistance but do not have a lawyer‚ there are several sources that you may use to help you locate and select an attorney:

1. Recommendations from friends‚ family members‚ and co-workers can be helpful‚ particularly if you ask an individual who has had a legal question similar to yours.

2. The Federal Bar Association will begin offering a free “Need an Attorney” search listing to the public this summer. The general public will be able to search for an attorney in their local area. The directory includes participating FBA members. This is not a referral service and the FBA does not endorse the services of any of its members.

Many people believe they need an attorney’s services only to solve a problem or to get out of a difficult situation. Often‚ the best time to see an attorney is not when you are in legal trouble but before that trouble occurs. Preventive law is one of the most valuable services that a lawyer can perform. By eliminating potential problems, preventive law can save you time‚ money‚ and needless worry.

It is not illegal for you to represent yourself in court or to handle your own legal matters. There are also "kits" and "forms" which some people use for such matters as getting a divorce or making a will. Judges and court personnel are not allowed to give you any legal advice as your case proceeds. Attorneys are trained to provide professional legal assistance to you‚ to be aware of all court procedures‚ filing requirements‚ deadlines‚ and other details that a non-attorney easily could overlook.

You may discharge you attorney simply by informing him/her of your wishes. Giving notice is a matter of courtesy and may be necessary so that if a lawsuit has been filed‚ the attorney may ask for the court for permission to withdraw. Even if you discharge your attorney‚ you are still obligated to pay for any services which have been performed already on your behalf‚ and costs which have been incurred.

Upon being retained as your legal counsel‚ your attorney should expect that you will:

Be completely honest about all facts concerning your case‚ whether or not they are favorable to you.
Be on time for appointments and not take up an excessive amount of time with visits or phone calls relating to minor details or petty matters.
Take his/her advice.
Understand that no lawyer can guarantee results in a contested matter.
Be patient and understand that legal matters are rarely "open and shut" cases; they require time and research.

You are hiring an attorney to work for you‚ as your advocate. You should expect your attorney to:

Confer with you to pinpoint the problem.
Research and analyze all available facts and information relating to your problem.
Interview those involved.
Negotiate a settlement if both sides can reach a fair agreement.
Keep you informed about what is going on in your case and answer your questions.
Discuss fees with you at your first visit‚ and come to an agreement about the way in which the fee will be paid.
Be candid with you about your problem, your prospects for success‚ the time it will take‚ and the advisability of accepting any settlement offered.
Keep in confidence anything you say.

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Some of things that you should look for in an attorney‚ include:

The attorney’s reputation in the community.
The attorney’s experience with your type of legal problem (don’t hesitate to ask about this during your initial meeting.)
The attorney’s communications skills – willingness and ability to talk to you in a language you understand and to keep you informed about the progress of your case‚ responsiveness to your questions and concerns.

Legal fees are set and determined by an agreement or contract between the attorney and the client. The agreement as to what the attorney is to do and how much the client is to pay may be oral or in writing. The amount of the fee and the basis for the charge are determined by a number of factors:

The amount of time spent on your problem
The attorney’s ability, experience, and reputation
The results obtained
Overhead costs such as secretarial and para-professional assistance‚ investigators‚ and other personnel
Your ability to pay 

A witness plays an important role in a court proceeding, providing valuable information about the matters under consideration. If you are subpoenaed as a witness in a trial‚ it is your duty to appear and testify. The lawyer who asks you to come to court can provide you with more specific information about your court appearance.