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Vegas Beat Magazine - March/April 2025

Finding the Right Attorney

February 26, 2025 | Vice President Scott Nicholas

Corrections Officer Scott Nicholas
Vice President

Choosing the best attorney is an important decision that can have a significant impact on the outcome of your case — and your wallet. Here are some key steps to guide you.

1. Define Your Needs 

Area of expertise: Attorneys often specialize in specific areas of law, such as family law, criminal defense, personal injury, estate planning or business law. Identify the type of lawyer you need. Stay away from one-stop-shop law firms.

Complexity of your case: If your case is particularly complex, look for an attorney with extensive experience in similar situations. If you need a criminal attorney, you shouldn’t be using a family law attorney, and vice versa.

2. Research Potential Attorneys 

Ask for recommendations: Start by asking friends, family or colleagues for referrals. Personal recommendations can be valuable. Don’t let an attorney talk or scare you into using their services. Instead, ask people who have recently used them about their overall experience, including cost, communication and outcome.

Use online resources: Platforms like Avvo (avvo.com), Martindale-Hubbell (martindale.com) and state bar association websites can provide attorney ratings and reviews.

Check credentials: Look for an attorney’s educational background, years of experience and any certifications or accolades from the area of expertise you are hiring them for. You wouldn’t use a hip doctor to do your heart surgery, so think about that when looking for an attorney.

3. Evaluate Reputation and Experience 

Read reviews: Look for client testimonials and peer reviews. Pay attention to patterns in feedback, especially regarding communication, professionalism and billing practices. For example, will you be charged a flat rate or billed by the hour? Billing by the hour can get very expensive if your attorney starts with a high hourly rate, and even more so when they charge by a quarter of the hour instead of a tenth of the hour. Other factors to consider include whether your attorney handles their own cases or relies on consulting with a team member. These could lead to additional charges you weren’t expecting, such as being billed for “consulting with co-counsel.” This was my experience a few years ago, and it amounted to a lot of unexpected costs because I was paying my attorney to talk to another attorney about my case. My expectation was that my attorney could navigate all aspects of my case without consulting with his partners or researching what he said he already knew.

Track record: Consider their success rate in cases like yours. Look for recent success and track records, not just old hearsay. I’ve experienced a law firm that once had a great reputation in a very specific field, but times have changed, and what was, in my opinion, a great place to send friends and family is no longer the same recommendation I give to people who ask. Look at the last three to five years of wins and losses, successes and failures. Success changes from law firms as their staffing changes, and sometimes their reputation suffers because of it. But your goal is to win your arguments in court, and that’s what you pay an attorney to do. No one likes to lose, especially when it costs you a lot of money — not just for the attorney, but also if they don’t get you the outcome you wanted. That could end up costing you even more money, or, in a criminal case, even your freedom.

Professional standing: Verify with the state bar association that the attorney is in good standing and has no history of disciplinary actions. Look for any past malpractice suits or bar complaints that might involve due care.

4. Schedule Consultations 

Initial meeting: Most attorneys offer free or low-cost initial consultations. Use this opportunity to discuss your case and evaluate their expertise. How many years have they worked in this field? Ask about wins and losses — no attorney wins every case, and a good one will discuss losses along with victories. Make sure your attorney is a regular at the courthouse. Whether it’s family court, criminal court or workers’ comp cases, find an attorney who has a regular presence in the courtroom and can get you the best deal fast! When an attorney is paid on a lump sum or contingency basis, there is zero incentive for them to drag out your case year after year. Here are some questions to ask:

  • How many cases like mine have you handled? How many have you won in court and not just settled?
  • What are your fees, and how are they structured (hourly, flat rate, contingency)?
  • Who will be working on my case (the attorney or their team)?
  • What is your strategy for my case?

5. Assess Compatibility 

Communication style: Do they listen to your concerns and explain things clearly? You’ll want an attorney who is responsive and approachable.

Availability: Ensure the attorney has enough time to dedicate to your case.

Trust and comfort: You need to feel confident in their abilities and comfortable sharing personal details about your case. If an attorney uses scare tactics and makes you feel bullied, run! This is a sign that you will not be happy down the road when you need questions answered but are too afraid to ask. Attorneys who use threats, scary tactics or are belligerent will only give you excuses if they lose your case. You must feel comfortable from the beginning — it’s your money, and they work for you. Remember that.

6. Consider Costs 

Understand fee structures:

  • Hourly fees: Charged based on time spent on your case. Remember, when an attorney bills one-tenth of an hour (six minutes) at $500 per hour compared to one-fourth of an hour (15 minutes), you will pay $50 for an email or quick phone call versus $125 for the same email or phone call, even if it takes them two minutes to read or respond. This can add up fast, so be careful.
  • Flat fees: A set amount for specific services (e.g., drafting a will).
  • Contingency fees: The attorney only gets paid if you win, usually as a percentage of the settlement. A confident attorney who really believes in your case will represent you on a contingency fee.
  • Retainer fees: An upfront payment to secure their services.

Compare quotes: Don’t just choose the cheapest option — consider the value and expertise you’re getting. Look at how long your attorney takes to settle cases. One may charge a little more per hour but resolve your case in six months, while another attorney charges less per hour but takes three years to settle — draining your bank account, only to lose in the end or settle the case.

7. Make Your Decision 

After meeting with attorneys and comparing their credentials, experience and approach, choose the one you feel most confident in. If you don’t feel 100% comfortable, don’t hire them.

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