WORKING WITH A LAWYER

WORKING WITH A LAWYER

This memo will help you learn how to find an attorney and how to work effectively with an attorney. If you need more information about whether or not you need an attorney, you may call the Northwest Women's Law Center's Information and Referral Line or a lawyer referral service (see page 2).

Do the words "lawyer" and "attorney" mean the same?

In common usage, "lawyer" and "attorney" mean the same: a person trained in law, admitted to the bar, and currently licensed to practice in a specific state or federal court. However the word "attorney" does not always mean "lawyer". For instance, a "power of attorney" may be granted to someone who is not a lawyer to act for you in a very specific circumstance. For example, a husband may give his wife a power of attorney to act for him if he is unable to make his own decisions in a health crisis. Another example: you may give your real estate agent a power of attorney to close a real estate transaction if you will be out of the area.

What do the words "pro se" and "pro bono" mean?

Pro se (pro say) is a Latin legal term used to describe a person who does not have a lawyer and who represents herself in a legal action. You have a right to represent yourself in any kind of legal matter.

Pro bono refers to legal services provided by lawyers at no charge to the client. Some pro bono attorneys work at legal services offices. Some are referred through county bar associations. If you find a pro bono attorney in private practice, they will often need you to pay the costs of the case even though they are waiving their fees (see page 3).

Do I have a right to have a lawyer, even if I can't pay, for example, to get custody of my children?

At present, you do not have such a right. If you are accused of a crime, if the state has filed an action against you to take away your children or for contempt of court, or if you are a juvenile, you have a right to a lawyer. Many people believe that the potential loss of custody of a child threatens a fundamental right, but it is not recognized in the present laws or constitution. Your legislators are the ones to approach about this issue.

HOW TO FIND A LAWYER

If you have had a successful working relationship with an attorney who practices in the area of law you are dealing with, it is a good idea to contact that attorney and consider retaining her or him to handle the new matter.

Northwest Women's Law Center ((206-621-7691) - The Law Center provides free legal information and referral services. The Center has a current list of attorneys in many areas of practice and in many counties in Washington. The Law Center can give you a general idea of the attorney's fees, but each client will need to negotiate specific fees with the attorney.

County Bar Association Lawyer Referral Services - These services will help you determine whether you have a legal problem and need a lawyer, and if so, will give you the name of an attorney who has asked for referral of your type of case. If you decide to be referred, you pay the Bar Association $30 for the first one-half hour meeting with the lawyer. If you want to retain (hire) the attorney, you may negotiate fees at that time. Some Bar Associations also have evening clinics that provide a free half-hour appointment with an attorney for information and referrals. These attorneys will not represent you, however, and they don't necessarily have expertise in your type of problem.

Clark/Cowlitz County Lawyer Referral (360) 695-0599
King County Bar Association Lawyer Referral (206) 623-2551
Kitsap County Lawyer Referral (360) 373-2426
Lewis County Bar Association Lawyer Referral (360) 748-0430
Pierce County Lawyer Referral (253) 383-3432
Snohomish County Lawyer Referral (425) 388-3018
Thurston County Lawyer Referral (360) 923-4844

Northwest Justice Project - This legal services office will screen low-income people looking for free or low-cost legal services in Washington and refer them to appropriate services. This service is through the CLEAR line, 1-888-201-1014. They will also provide free direct representation in civil cases, such as landlord-tenant and domestic violence problems. Whether or not you are eligible for these services will usually be determined in the first phone call. Unfortunately, cuts in federal funding have drastically limited the office's ability to take on new cases. At this time, all counties in Washington, except King County, are being served by the CLEAR line. If you live in King County, you may call CLEAR only if you are a senior (over 59), have a mobile home problem, or have an administrative fair hearing pending.

Public Defenders - If you are charged with a crime or with contempt, are a juvenile, or are a party in a dependency action, you have a right to a lawyer, regardless of your ability to pay. The court may assign you a lawyer, or you may obtain one from your local Public Defender (King County Office of Public Defense - 206-296-7662).

FEES

What is a retainer fee?

There are two types of fees often called "retainer fees". The true retainer is a fee paid to the lawyer, often monthly or annually, to retain or keep the lawyer available to the client. This type of fee is often paid by large corporations to make sure they have access to their lawyers whenever they need advice or representation. A true retainer is usually non-refundable.

However, the more common type of so-called "retainer" fee is actually an advance fee deposit or down payment, usually between $500 and $5000. The retainer can be considered an upfront payment from which the attorney subtracts her hourly fees and costs. The unearned part of this fee is usually refundable. It is important to note that retainer may not cover the entire cost of the case.

Most attorneys require retainers for most kinds of cases. Be sure to ask your lawyer what the retainer covers and whether it is refundable.

What are "fees" and "costs"?

Legal fees are paid to a lawyer for her advice and services. Costs are other expenses, such as filing fees, copying costs, expert witness fees, etc. These costs are paid by the client even if the case has been accepted on a contingency basis.

What is an initial consultation fee?

This is the fee the lawyer charges for the first visit. Usually, by the end of this consultation, you will decide if you want to retain this lawyer, and the lawyer will decide if he or she wants to take your case. You should not expect to get much legal advice, if any, during this visit. Some attorneys charge their usual hourly rate for this visit; some charge a reduced rate; others offer free initial consultations. Be sure to ask what the fee will be when you make an appointment.

Fee Arrangements

Fees for private lawyers vary, and are negotiable. Three types of fee arrangements are common:

Hourly Fee

Rates vary depending on the city, the type of problem, and the amount of experience the lawyer has. For example, the hourly rate for family law attorneys averages $150 per hour in the Seattle/King County area. The attorney may be able to estimate at the first interview the number of hours needed to resolve the legal problem. Often, however, additional issues arise that complicate the resolution. You should thus ask for periodic reviews of the legal costs. Some attorneys will consider reduced rates for low-income people. These attorneys will decide, based on your financial situation, the type of assistance you are seeking, and their current caseload, whether they are willing to lower their fees for you. A reduced rate does not usually fall below $90 an hour.

Set Fee (Flat Fee)

A set fee, regardless of how much time the lawyer spends, is often used when the lawyer is performing a specific service with a predictable time commitment, e.g., reviewing real estate sales documents, drawing up a contract, handling an uncontested marriage dissolution. You and your lawyer should agree on the fee in advance. Be sure to find out whether the fee could change if your case becomes unexpectedly complex.

Contingent Fee

In some legal actions, often personal injury cases, the lawyer agrees to take the case without charging for legal services unless the client is awarded money through a settlement or a trial verdict. The client and lawyer should sign a written agreement at the very beginning stating the percentage of the "recovery" (the money awarded) that will go to the lawyer and the method used to calculate it. For example, the percentage may be one-third of the recovered amount calculated after costs have been deducted (see page 3). Often, a client will need to pay the costs of the case as they are incurred.

Why can't I get a divorce on a contingency basis?

It is a violation of the code of ethics for a lawyer to accept a dissolution (divorce) case on a contingency basis. However, after a divorce has been granted, a lawyer may agree to collect overdue child support or maintenance (spousal support) on a contingency basis.

How do I know what my money pays for?

You should request a written fee agreement with your lawyer. Do not sign the agreement if you do not understand it. The agreement should be clear about how and when you will pay the attorney and what matter the lawyer will handle for you.

The lawyer should provide an itemized accounting to the client on a regular basis. This is usually monthly, but can be on any periodic schedule agreed on by the client and the lawyer.

What is a fee payment schedule?

A fee payment schedule is a monthly payment plan, which allows you to pay a predictable sum every month on the balance of your attorney bill. Normally the attorney will also charge interest on the remaining balance. If you have not arranged a payment plan, you will probably be expected to pay your balance in full every month. Many attorneys will arrange a fee payment schedule after they have received a retainer from the client.

What if I can't afford to pay an attorney?

In some cases, an attorney may acquire a lien, or an interest in property, to secure their fee. In family law cases, especially dissolutions, this is a risk for the attorney, because "substantially all marital property is subject to court division."

An attorney may also be willing to file a motion asking the court for an award of fees; that is, asking the court to order the other party to pay her client's attorney fees. Again, this is hardly an automatic award and even if fees are awarded, the attorney is then in the position of collecting her fees from a possibly hostile party.

You may need to be creative about accumulating the funds necessary to pay the attorney. You may want to take out a home equity or credit union loan, borrow from friends or family, or use your credit card.

What are "limited legal services?"

Some attorneys are beginning to offer "limited legal services" to people who are representing themselves. This service is also called "unbundled legal services" or "pro se assistance". It means that the lawyer will give you legal advice and/or review or prepare documents, but will not be representing you. Most lawyers will ask you to pay the fee for this limited service up front. When you call for an appointment, you should make clear to the lawyer that you are calling for this service, so that they do not give you the wrong information about their fees. Ask the attorney whether your first visit will be an initial consultation or if they will be prepared to give you the limited service you requested when you come in.

You may want to ask the attorney if a paralegal could help you prepare the documents and the attorney could then review the work and make recommendations. This may be appropriate in a case such as an uncontested divorce (dissolution), but if your spouse is contesting custody (primary residential care) or property issues, it would be in your best interests to have an attorney representing you.

FIRST INTERVIEW

Be prepared

Have a list of questions already written out and space to record comments. This will assure that you won't forget your concerns and will help you decide on who to hire if you are comparing attorneys. You may also want to provide a copy of the questions to the attorney. This can show them what questions you have so they can be sure and answer all of them and will also show your preparedness. You can also ask to tape record the session if you have a recorder.

Bring documents related to your case.

What should be discussed during the first interview?

Acquaint the attorney with your legal problem - reveal all facts, both favorable and unfavorable, to your position. Tell the attorney what result you are seeking. Such information is important in determining whether the attorney will take your case. NOTE: verbal and written communications between you and your lawyer are confidential.

Suggested Questions Include:

How long will it take to complete the case?
What role will you have in making decisions about the case?
Will the attorney inform you of plans and problems as the case goes along?
Will the attorney answer questions even when they seem unimportant or difficult?
What is the attorney's experience with cases like this?

Fees

You should raise the subject of fees if the lawyer doesn't. Be open in discussing your ability to pay. Ask your attorney to bill you on a monthly basis so that you are kept aware of how much your legal fees and costs are. It is wiser to agree on fees in the beginning than to have a dispute arise afterwards. Get a written fee agreement (this is required in a contingency case).

Be sure to ask about costs and about the time the attorney estimates the task will take. Clients often underestimate charges because they fail to consider telephone calls and the amount of hours a case may take.

Do Not Be Intimidated

Feel free to refer to your list of questions and take notes. If you don't understand what the lawyer is saying, ask for an explanation. If an attorney will not give you clear explanations or tells you not to worry about legal details, you may want to reconsider if this attorney is the correct match for you.

You may also want to write down your impressions and feelings after the interview. Your instincts will be important in the final selection.

YOUR RELATIONSHIP WITH YOUR ATTORNEY

After the lawyer has advised you on the law and its practical realities, you must make the basic decisions about your case. Any settlement offers must be forwarded to you by your lawyer. Ask your attorney to send you copies of all relevant correspondence and court documents.

Your attorney is not your counselor or therapist. Many legal matters involve stressful situations, and being involved in a legal action can be stressful in itself. Your attorney may be able to refer you to appropriate counseling or support services, such as domestic violence advocates, therapists, or sexual harassment support groups. These people will be more effective (and may well be less expensive) than your attorney at providing this type of service.

Remember, usually each contact you have will cost you money; your attorney may charge for all telephone contacts in 15-minute increments. You can help reduce your legal costs by avoiding unnecessary contacts with your attorney. Providing all relevant information in an organized way can save your attorney much time, and therefore reduce your attorney fees. Problem-solve with your attorney about how to give her information. Consider costs, the attorney's availability, and how the information will impact the case (e.g., does the attorney need to know immediately or can it wait until the next scheduled meeting), among other things.

What if you are having problems with the attorney/client relationship?

If your case seems to be moving slowly, you can ask the attorney for an explanation and occasional progress reports. If necessary, you can write to the attorney and remind her of her ethical duties under state bar ethics and local court rules.

If you are having serious problems with the way the attorney is handling your case, you can file a complaint with the state bar association, particularly if fees are not the problem However, you may want to put this off until you have completed your case or at least retained another attorney.

If you feel that a bill is too high, you should ask for an explanation from your attorney. If you are not satisfied, you may request a fee arbitration through the Washington State Bar Association. An arbitration is a process where a third person will listen to both sides of the story and then make a decision about how to resolve the disagreement; the arbitrator's decision is final and can be enforced like a court judgment.

There is an implied promise that a client will pay the fees if the client accepts the services performed by an attorney. If you are not able to pay your attorney, the court will usually allow your attorney to withdraw. The attorney must give notice to all parties at least 10 days prior to the effective date of withdrawal and notice to the client must be made prior to that.

You are free to consult with a second attorney on the same matter for a "second opinion". If you choose to have the second attorney handle your case, your first attorney will have to withdraw, which she will do at your request. If a client discharges an attorney, the attorney may file a collection action to recover costs and fees rendered for her services. However, if the attorney abandons or neglects the case for no good reason, the attorney may lose the right to compensation; what constitutes good cause is a question only the court can answer. You will also have to pay the new attorney a retainer and pay for her time to review the case and get up to speed. The first attorney must return papers and property to the client, cooperate with the new attorney, and minimize possible harm to the client. Not all papers that an attorney uses in the matter are returnable to the client.

ADDITIONAL CONSIDERATIONS FOR WOMEN
IN ABUSIVE RELATIONSHIPS

Collecting Important Information
Before actually proceeding with a divorce or separation, attorneys will often advise a person to have as much financial information as possible about themselves and their spouse. This is to ensure that the attorney and judge have adequate information in order to ask for and decide what is reasonable to expect in the case of child support payments and/or possible monetary compensation to you following the divorce. Washington is a community property state; therefore, it is your right to know your spouse's income. The following information items are things you can begins gathering even before you have decided to leave your partner.

Information Often Requested:

Brief pre-written chronological outline of abuse
Information regarding financial needs - monthly expenses
Information regarding the care of children - proposed schedule and why
Information regarding the cost of care of children
Breakdown of the parenting functions and which parent performed the task
Copies of anything that has been previously filed, including separation or prenuptial agreements or dissolution or parenting plan documents
Police reports
Medical reports
No Contact or Protection Order paperwork
Assets (things you own - car, furniture, properties)
Liabilities (things you owe - debts, loans, credit card bills, creditor names, etc.)
Birth date and Social Security Numbers for all family members
Union your spouse belongs to, if any
If your spouse is independently employed, what trade name is used? (i.e. carpenter, plumber, journeyman electrician, mechanic, etc.)
Proof of spouse's salary like a copy of a paycheck, tax return, a financial statement for a bank loan or credit card application
Information about your own salary
Name of bank branches used and all account numbers
Employment benefits
If spouse is working under the table, document how much the hourly wage is, how often work is done (hours, days per month) and the name of the person paying for the work
Make copies of as much financial information as possible
If there were witnesses to the abuse, list their names, addresses, and phone numbers

Looking for an Attorney
Not all attorneys are educated about the issues and dynamics of domestic violence. As a consumer seeking to buy legal representation, there are many things to consider before hiring an attorney to represent you.

Compile a list of attorneys to contact

Consider if you want a male or female attorney
Ask a DV agency for possible names of attorneys to contact
Ask other women who are in DV situations for their attorney recommendations and why they would recommend them
Ask trusted friends for attorney recommendations and why they would recommend them
If you have had a successful working relationship with an attorney who works in the area of family law, you may want to hire them again
The Northwest Women's Law Center asks family attorneys on their referral list whether they have expertise in domestic violence matters and whether they welcome referrals in this area (see page 2).

Interviewing the Attorney

Call for an initial exploratory interview appointment. See page 6 for some tips on this subject. In addition, be sure to ask the attorneys about their experience in handling cases where domestic violence has occurred.

Tell the Attorney Immediately Any History of:

Domestic violence
Your safety concerns and current living situation
Any orders that are in place (Protection Order, No Contact Order, etc.)
Drug/alcohol abuse for partner and/or yourself
Sexual abuse
Child abuse
If CPS is involved with your family
If there are criminal charges pending or criminal convictions
If abuser has access to weapons

revised 7/2000 Cathie Caldwell, Zan Manning; 2/2001 jk