Your lawyer may not automatically tell you everything you need to know about legal services. If you don't ask questions, you may be in for some surprises. Here are eight things your lawyer may not tell you – unless you ask.
I've never done this before.
You've found some new space for your expanding business. After stumbling through the dense verbiage in the landlord's lease, you decide to have your lawyer review the lease before you sign. Smart move. But what if your lawyer has never reviewed a commercial lease before? Will he or she volunteer that information? Maybe not.
Legal ethics don't require a voluntary disclosure. They only require a lawyer to become competent in a legal matter before proceeding. In theory, a lawyer can get up to speed by consulting with a colleague, reading professional books and attending seminars. But given a choice between a novice and a lawyer who's checked out 50 commercial leases, wouldn't you be more comfortable with the more experienced one? If so, find out how much work of this type your lawyer has done.
You don't need a lawyer to do this.
There are many law-related tasks you can do yourself – like getting a tax assessment reduced or suing in small claims court. There are other things that can be accomplished by hiring non-lawyers who can work more effectively and charge less than a lawyer. For example, an accountant may be better and cheaper at sorting out a financial mess. A real estate broker may be better at negotiating a land purchase. Some lawyers won't tell you about less expensive options unless you ask.
I charge for faxes, photocopies and postage.
When you're paying a lawyer $250 or $300 an hour – or even more – you may be shocked to find yourself nickeled and dimed as well. Some lawyers bill for the faxes they send or receive, for the photocopies they produce, and for postage and long-distance charges. Don't assume your lawyer will be absorbing these expenses as a part of doing business. Get a clear understanding upfront about whether you'll be hit with these incidental costs.
I'm about to go away for six weeks.
Terror can grip your heart when you call your lawyer to ask a follow-up question, only to be told: "I'm sorry, Ms. Jones is on a long trip to Asia and can't be reached." Reasonable access is a reasonable expectation – especially in today's digital world. You'd like to know in advance if your lawyer will be out of touch for an extended period. To avoid rude surprises, inquire about your lawyer's travel plans, and who will be handling their work while they're gone. Ask to meet the backup person and make sure that he or she will be fully briefed about your legal situation.
Fighting for a principle is expensive.
If your chances of getting any real money in a lawsuit are zero, you'd like to know before spending thousands of dollars. You'd like to get even with the scoundrel who scammed your business, but it may cost you a bundle to duke it out in court – and you may wind up empty-handed. Ideally, your lawyer will give you a frank assessment of your odds of winning, odds of collecting, and how much all this will cost you. Sometimes the best advice is to put the matter behind and forget about suing.
I don't like this kind of work.
A lawyer who enjoys drafting corporate documents may dislike appearing at zoning hearings. A lawyer who likes to litigate may not like to take a matter to mediation. You need a lawyer with a zest for your type of legal work. Someone who finds a certain kind of work distasteful may just go through the motions – not very comforting when you need someone to aggressively champion your legal position. Lawyers may be reluctant to refer you to someone else. They worry that if they do, they may never see you again.
I'll do this for a flat fee.
Most lawyers work on an hourly basis – but may be willing to do particular tasks for a flat fee. Trouble is, they may not volunteer this information. They worry that clients may take advantage of a flat fee by making endless demands on their time. Still, they may be willing to draft a business document or attend a meeting at City Hall for a flat fee. If you don't ask, you'll never know.
I bill in quarter-hour increments.
That five-minute phone call to your lawyer may cost you $75. Why? Because your $300-an-hour lawyer bills in increments of 15 minutes. That's something you need to know and discuss in advance. Billing is not a precise art, but increments of five or six minutes seem much more reasonable than quarter-hour segments. To avoid getting burned, ask about the units the lawyer uses in billing. Maybe you'll decide not to call the lawyer's office quite as often.
