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(单词翻译:双击或拖选)
by Michael W. Flynn
First, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed1 to practice in your jurisdiction2. Further, I do not intend to create an attorney-client relationship with any listener.
Today’s topic is finding an attorney. Several listeners have written questions on the subject including:
Should I have an attorney at all times in case I need one?
Do I need a different attorney for different kinds of jobs?
How can I find an attorney if I do not know one?
These are excellent questions. Finding the right attorney can be a scary task, and choosing the wrong attorney can have serious consequences.
The Quick and Dirty Tip is to choose your attorney the same way you choose any service professional. Do your homework, find out as much as you can about your prospective3 attorney, and communicate your goals and concerns as clearly as possible.
First, it is not necessary to have an attorney just in case you need advice, but it is a good idea. You cannot always foresee what legal problems you will have, and it can provide peace of mind if you have someone ready to call if you should need help. It is sort of like having a family doctor to call in case you get sick.
Second, you will most likely need different attorneys for different jobs. The law is becoming increasingly specialized4, and many attorneys practice exclusively in one area. Imagine you are married, and you and your spouse5 own a small business. The attorney who drew up your prenuptial agreement has very different expertise6 than the attorney who helped you write your will, and that attorney has different expertise than the one who set up your business. Each attorney is technically7 licensed to handle all your needs by virtue8 of being licensed to practice in your state. But, the more complicated your legal needs are, the better off you are hiring someone with expertise in the field.
Third, finding an attorney is easy. Finding the right attorney can be difficult. Many people start by asking friends who are attorneys for help. This can be a great starting point because the legal profession is surprisingly small, and most attorneys have friends or colleagues from law school who practice in diverse areas. For example, I know very little about practicing immigration law. But, if you asked me for immigration advice, I know several people from my law school class who practice exclusively in immigration. I would at least be able to make a referral.
But what if you do not know any attorneys? There are several sources for finding an attorney in your area and with expertise in your field. I recommend that you start with your state bar website or........You can search by area of law and city, and the search engines will provide you with a list of attorneys.
You might also seek referrals from friends, family or other professionals who have had legal issues similar to your own. For example, if you are having legal tax issues, your accountant will likely know an attorney who can help.
But this is just the first step. After you find the name of your potential attorney either by referral or Internet search, do your homework. The first step is to look up the attorney on your state bar website, and check to see if the attorney has any history of disciplinary proceedings9 against him or her. All disciplinary proceedings are public, so if the attorney has been reprimanded or sanctioned, you can find out.
Further, you can find out where the attorney went to law school and when he or she was admitted to practice in your state. Next, run a simple Google search on the attorney to see if there are any news stories about him or her. These stories might be positive or negative and can help you decide if the attorney is the right kind of attorney for you.
Last, and most important, contact the attorney and set up a consultation10. Ask the attorney whether the initial consultation will cost anything. Many attorneys will offer free consultations11, but some do not. Also ask how long your meeting will be, and what documents or other information would assist in assessing your case. Before you go, try to prepare your materials as thoroughly12 as possible by gathering13 any documents that might be relevant. This will save time and focus the conversation.
At the initial consultation, be prepared to tell an attorney everything you know about your legal problem. Even at this initial consultation, an attorney is bound by ethical14 obligations including a duty of confidentiality15, so you should feel free to discuss your issue candidly16. If you withhold17 information, the attorney will not be able to accurately18 assess your situation.
Another important topic to discuss thoroughly and candidly is billing. Ask the attorney what his or her billing schedule is, and ask for it in writing so you can look at it later. Some attorneys bill by the hour and others bill on a contingency19 basis. For a contingency situation, the attorney will collect a percentage of whatever money you win. So, if you win nothing, the attorney gets nothing. If you win $1 million, the attorney might take up to $400,000. The Quick and Dirty Tip is to be as clear and thorough as you can.
If all goes well, the attorney will fit your budget and your legal needs. If so, you are set! You have found a professional who will provide you with the services you need. If not, search again. It might seem frustrating20 to have to start over, but you will save countless21 hours and dollars by finding the right attorney.
Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful22 Life. Be sure to take the short listener survey by clicking on the green 5 to the right of the transcript23.
You can send questions and comments to............or call them in to the voicemail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.
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1
licensed
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| adj.得到许可的v.许可，颁发执照(license的过去式和过去分词) | |
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jurisdiction
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| n.司法权，审判权，管辖权，控制权 | |
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prospective
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| adj.预期的，未来的，前瞻性的 | |
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specialized
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| adj.专门的，专业化的 | |
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spouse
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| n.配偶(指夫或妻) | |
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expertise
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| n.专门知识(或技能等)，专长 | |
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technically
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| adv.专门地，技术上地 | |
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virtue
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| n.德行，美德；贞操；优点；功效，效力 | |
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proceedings
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| n.进程，过程，议程；诉讼(程序)；公报 | |
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consultation
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| n.咨询；商量；商议；会议 | |
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consultations
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| n.磋商（会议）( consultation的名词复数 )；商讨会；协商会；查找 | |
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thoroughly
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| adv.完全地，彻底地，十足地 | |
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gathering
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| n.集会，聚会，聚集 | |
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ethical
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| adj.伦理的，道德的，合乎道德的 | |
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confidentiality
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| n.秘而不宣，保密 | |
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candidly
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| adv.坦率地，直率而诚恳地 | |
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withhold
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| v.拒绝，不给；使停止，阻挡 | |
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accurately
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| adv.准确地，精确地 | |
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contingency
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| n.意外事件，可能性 | |
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frustrating
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| adj.产生挫折的，使人沮丧的，令人泄气的v.使不成功( frustrate的现在分词 )；挫败；使受挫折；令人沮丧 | |
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countless
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| adj.无数的，多得不计其数的 | |
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lawful
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| adj.法律许可的，守法的，合法的 | |
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transcript
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| n.抄本，誊本，副本，肄业证书 | |
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