Suggestions on how to hire a probate attorney

The following are helpful hints to supplement your own due diligence in hiring an attorney and are not a guarantee of success.

It is best to hire an expert.  Probate is a unique form of law with many of its own rules and court procedures.     

Call to interview an attorney.  Ask if there is a charge for the initial consultation.

INFORMATION

Before you interview, go over “Probate questions attorneys will answer.”

EDUCATION

Where did the attorney go to law school and where did he/she rank in his/her class? 

EXPERIENCE (Probate law is a unique form of law.)

What percentage of the attorney’s business is probate law?

How long has the attorney been:

• Practicing law overall?
• Practicing probate?
• Practicing probate locally?
• Familiar with the local court and judges?
• Experienced in cases like yours?

Ask for examples of the attorney’s expertise in probate law.

Does the attorney keep up with latest changes in the law?

Ask about a challenging situation in which the attorney had to apply both his/her legal skills and technical knowledge.

COMMUNICATION

Do you have confidence in the attorney’s ability to communicate effectively with you?

What is his/her policy in regard to returning telephone calls and scheduling meetings?

INTEGRITY

Ask for examples of integrity.

Do you think the attorney will represent you effectively?

REFERENCES

Does attorney provide references?

Questions to ask references:

• 1.     Was the attorney knowledgeable in the law?
• 2.     Was the attorney accessible?
• 3.     Did the attorney return phone calls?
• 4.     Did the attorney explain things clearly?
• 5.     Did the attorney involve the client in the negotiation and decision process?
• 6.     Did the reference feel the attorney listened?
• 7.     Did the attorney go to court unnecessarily?
• 8.     Did the attorney settle too quickly?
• 9.     Did the attorney bill fairly?

MALPRACTICE INSURANCE

Does the attorney carry malpractice insurance?  If they do, get proof in writing.  Be wary of attorneys who are not covered.

FINANCIAL NEGOTIATIONS

Get the following in writing (if desired):

• a.     Who will be doing the work?
• b.    Are any of the actions of the law firm covered under overhead? For example: letters, phone calls, research?
• c.     How does the attorney bill for telephone calls, letters, e-mails, faxes, routine court appearances?
• d.    Does the attorney ever bill two clients at the same time?
• e.     Does the attorney offer the ability to communicate with you via e-mail?
• f.      Does the attorney offer the opportunity to perform menial tasks yourself in order to keep costs at a minimum?
• g.     The attorney agrees to provide a complete and thorough brief, before submission, for any motions to be submitted or responded to with references to any case law, or other research used to make your reply.
• h.    A complete itemized billing of all billable work completed, including research completed, itemizing where the work was done, and what information pertaining to your case was obtained.
• i.      Estimate of length of probate process.
• j.      Estimate of final total costs.
• k.    Agreement of specific periodic updates on all legal costs as they accrue.
• l.      Hourly rate for attorney administrative fees, paralegals for research, meetings, and court appearances.

FINANCIAL COMMITMENT

Remember, the attorney is making an offer. You can accept it, reject it, or negotiate it.

Put every detail in writing. The road to frustration is paved with empty verbal promises.