Best Practices in Selecting Legal Counsel Part 2: Get Experience and Expertise

New companies with limited financial resources seemingly must choose between two bad options: engage legal counsel who has little applicable experience and perhaps practices a mix of criminal and civil law and occasionally drafts a will or files some articles of incorporation, but has relatively modest hourly rates; or select a major law firm with department upon department and multiple offices across the country or the world, filled with highly specialized lawyers charging unimaginable hourly rates to cover lavish overhead structures. The good news is, these are not the only two choices—but to find a good third choice the client must work at it. Here are some simple steps in helping to make the right choice:

• Get referrals from people you know who have had similar needs for legal services. These are your “expert witnesses” as they can explain exactly what their experience has been. A good target is to get references for at least three lawyers.
• Interview the lawyers being considered. In this age of electrons it is tempting to rely on Facebook, LinkedIn, e-mails or anything other than actual contact. Selecting a lawyer is a very personal decision (see below), and the interviewing process must involve personal interaction, preferably in person, but by telephone at a minimum.
• Ask good questions. And, ask the obvious questions: “Do you have experience doing exactly the thing I am considering hiring you to do.” A not-too-funny joke among lawyers is that when a client says “do you do ______” the lawyer always says “well yes, of course I do ______.” One would never select an orthopedist to do a heart transplant. Be just as exacting in selecting a lawyer.
• Ask the prospective lawyer to provide references. Then, actually contact the references. Of course, the lawyer will give names of the lawyer’s best clients ever, but even the best clients will give important information, such as availability, responsiveness, demeanor, and reasonableness of fees charged relative to services performed.

In this era of mega-firms, the selection of a lawyer is still a very personal decision—does the client think that the specific person selected understands the client, has sound judgment, has the necessary experience and expertise, and gives good advice. Don’t be distracted by fancy offices, huge numbers of attorneys or firm offices, premium office locations, or clever marketing catch phrases. Ultimately, the attorney-client relationship is a personal relationship, and so the selection process should be personal too.