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In my practice, I am often struck by the difference between those clients who know how to effectively make use of my services as a lawyer, and those who do not. The purpose of this article is to dispel some of the mystery around using a lawyer’s services and to suggest some ways for you to save money and to build a good professional relationship.

The best way to find a lawyer is to ask your friends or neighbors for a referral. This allows you to ask questions about whether the lawyer was knowledgeable, how they were treated, and how much it cost. Another referral source is the Yellow Pages, under the “Guide” section. As long as you have a general idea of what your legal question is, you can use the Guide to find an attorney who practices in that area. A third method is just to call an attorney. If he or she doesn’t practice in that particular area, they will generally refer you to two or three other people who can.

Now that you have set your appointment, what happens next? The following is a list of Do’s and Don’ts that should help you get the professional relationship off on the right foot.

Bring all of the documents relating to your question to your meeting. Real estate law is document-intensive. Bringyour original documents with you, and a set of copies to leave behind with your lawyer. Remember, your original documents are your property. Unless your lawyer needs an original for a specific purpose (such as getting ready for a trial), you should keep your originals. This gives you the flexibility of contacting another attorney if you are dissatisfied with your first, and provides a fail-safe should one set of documents get lost or destroyed.
Bring a summary of events. Because you have lived with this situation, you are very familiar with it. Your attorney will not be. To save time, and give your lawyer a road map to follow, put together a brief summary of the situation. I suggest that clients keep their summary to one page. It doesn’t need to be fancy – handwriting on a piece of notebook paper will do.
Don’t be shy about asking questions. You are going to a lawyer for advice. That advice is based upon the information you have given them. The more accurate and complete the information you give the lawyer, the better the quality of their advice. Don’t be shy about asking questions. Because people are often nervous on their initial consultations, write your questions down before walking in the door. That way you don’t have to worry about forgetting something important. Also, ask about fees. Most lawyers charge on an hourly rate basis. Be sure to ask your lawyer what their hourly rate is. Find out if they will require a deposit (often referred to as a retainer) before they start work. If so, find out how much that retainer will be and if you need to have those funds with you for that first interview.
Set reasonable goals and deadlines. Tell your lawyer what your ultimate aim is. Again, this may seem obvious, but it often is not. By talking it over, you may find you have more than one goal, or goals that conflict. Also, discuss when you can expect the first draft of documents to be completed and who will be taking part in the review process. Let your lawyer know your vacation schedule, or any other information that might affect the project. Don’t be the client who calls at 2:00 p.m. on Friday afternoon wanting their Will done by 5:00 p.m. Plan ahead, set reasonable deadlines and discuss your goals.
Stay in contact. After completing your initial interview, remember to stay in contact with your attorney. Unless you and your lawyer have different arrangements, contact your attorney approximately every two weeks. That will keep your case fresh in the attorney’s mind and will keep you up to speed on any new developments. Although most attorneys will charge for the time they spend with you on the telephone, it is a small price to pay for the peace of mind that comes from knowing exactly where your case is. It also helps prevent one of the biggest sources of client dissatisfaction, which is the feeling that you have no idea what’s going on with your case.
Document review. Real estate transactions involve substantial amounts of money and important property rights. Some can be extremely complex (creative financing, boundary line adjustments, conditions and contingencies, title condition, etc.) For those in need of attorney review (and attorney review is being requested much more frequently these days even in standard residential transactions), get drafts of the documents done as early as possible. It is much easier to explain the legal effect of a document and plan ahead than it is to try and unwind a transaction that has already been signed off. An attorney review should not be approached with fear and intrepidation. Lawyers, contrary to popular myth, do not spend sleepless nights looking for ways to kill deals. In fact, they may well be able to save everyone involved both headaches and money by recommending a better way to structure the deal or by eliminating language that could cause problems later.
Keep an open mind. Remember, a lawyer can perform a number of different services for you and your clients. As mentioned above, lawyers can review documents. They can also explain what the document does and how it fits into the grand scheme of your transaction. They can help you research information, draft the documents necessary to make your project work, or can sit down with you and “flesh out” an idea and advise you as to which documents you may need. You have a great deal of flexibility in setting up what you would like your lawyer to do for you, so be imaginative, and again, be clear as to what your expectations are. If your attorney is not able to do everything you ask, they may be able to direct you to other professionals who can assist you.
Always remember, you are the boss. That may sound trite, but truly, you as a client direct the relationship with your lawyer. A lawyer’s role is to counsel and advise you. As the client, you are free to either accept or reject this adv ice, and to make decisions. Your lawyer should not, as a general rule, be making your decisions for you.

Don’t wait until the last minute. Usually, the more time you have to make a decision, the better that decision will be. As a general rule, the same is true of the advice given to you by your lawyer. Consequently, give both you and your lawyer sufficient time to analyze a situation. I always appreciate it when I get a document from a client that states the client has ten days to review the documents with their attorney. That is far preferable to the one that says they have 48 hours to review it. Short time fuses equal short tempers, lost documents, people who aren’t in their office when you need them, insufficient information, and high stress. Allow adequate time.
Don’t be passive. If you feel your questions aren’t being answered, or if your expectations are not being met, say so. Give your lawyer feedback on whether they are doing a good job or a poor one. Each relationship with a client is different and what you may want or need is different than the next person. Consequently, you must be active in helping forge the relationship you have with your lawyer.
Don’t be afraid of your lawyer. It may sound silly, but don’t let your nervousness about your legal question translate itself into a nervousness about your lawyer. Remember, your lawyer is in business to give people advice. Most lawyers will go out of their way to make you feel comfortable if you let them know you are a bit nervous. Also, don’t be intimidated by them. The reason you are seeking out their services is because they know more about the subject than you do. Just remember, you probably know more about some other subject than they do. Thus, don’t feel bad if you don’t know how to prepare a Quit Claim Deed” or don’t know res judicata from nolo contendere. Again, asking questions and seeking advice and information are the essence of your relationship with your lawyer. Don’t be bashful.
Finally, Don’t avoid going to a lawyer if you have serious questions about your rights or obligations. The best analogy I can give you is that of avoiding going to your doctor after you have experienced mysterious aches and pains. It is much easier and far more effective to treat an illness in its early stages than waiting to deal with it after it is entrenched. The same is true with legal matters. Early “prevention and treatment” are a much better use of your time and resources then worrying about it and then trying to untangle it after it has become a major difficulty.

This article contains information of general interest, and is not intended to be, nor should it be relied upon as a substitute for specific legal advice.