A Dentist’s Guide to the Law. American Dental Association

HIPAA and regulatory matters.

      Interview

      For an important legal matter, you will likely want to meet with the attorney for an interview before engaging him or her. Depending on the matter and on your level of comfort, you may wish to interview more than one attorney. Many attorneys will be willing to meet with you at no cost to discuss the possible engagement, but you should make sure that you have agreed upon whether or not you will be charged for this initial meeting.

      Considerations as You Prepare to Interview the Attorney

      Fees. Advertisements can be misleading. An attorney might advertise a low price that does not include other costs (such as filing fees, copying and fax charges, etc.). Be sure you know whether the attorney will be charging you on a flat-fee basis or by the hour. You will want to have an estimate, in most cases, of how much the attorney’s services will cost for your particular matter, and when you will be expected to pay before you hire him or her. You may wish to request a written engagement agreement with the attorney that details the engagement, including fees.

      • Be aware that some lawyers charge for an initial interview. As previously noted, you should know ahead of time whether there will be a charge for this initial visit and, if so, how much it will be. The initial meeting by itself does not mean you have committed to hire the attorney.

      • There are several types of fee structures:

       Hourly rates: A fee calculation based on cost per hour for the attorney’s services

       Fixed fee: A flat fee charged for a simple service, such as the review of an agreement, a real estate closing, or an uncontested divorce

       Contingent fee: A fee consisting of agreed-upon percentage of money the client receives from a settlement, which may include the out-of-pocket costs or expenses incurred in the transaction or lawsuit

       Miscellaneous fees: Filing fees (physical and e-filing), photocopying, transcription, phone calls, messenger services, serving papers, witness fees, travel expenses, etc. Some lawyers also charge for work done by their paralegals/legal assistants

      Practice Record. Though online reviews can be misleading, there are several ways to check an attorney’s online reputation. One method is to check your state bar association’s website, which may provide information as to whether any complaints, misconduct charges, or malpractice accusations have been filed against the attorney.

      Experience. You may wish to ask the prospective attorney to describe the level of his or her experience. Based on the nature of the case, you may not always need the most experienced attorney. A relatively inexperienced attorney might be sufficient for a small matter (such as a residential real estate closing), and hiring such an attorney may save you money. More complex legal matters may call for a more experienced attorney, whose fees are likely to be significantly higher.

      Communication. Legal matters require clear, consistent, and reliable communication between client and attorney, especially in a complex or extremely important matter (such as where your dental license may be at risk) which may last for several months or more. You should choose an attorney who commits to respond to calls and emails in a timely manner. You might attempt to test this by sending an email to the law office after an initial visit, detailing a few questions you might have. A delayed response might indicate that the attorney is too busy to give your matter the attention you would want.

      Personality. An attorney’s personality may be important to you, since you should feel comfortable in his or her presence and working with him or her. You may need to openly share private information so that he/she can effectively represent you to achieve the best outcome. If you withhold information because you do not feel comfortable with your lawyer, that decision could negatively impact your results.

      Preparing for the Interview

       When you go to the meeting with the attorney, it may be helpful to bring the following:

      • A written summary of the issues. For example, for review of an employment agreement, this may consist of a summary of what you believe should be the terms of the agreement (what has been orally promised), concerns that you have with the proposed agreement (e.g., with what is stated, or even omitted, from the proposed agreement), and any other concerns related to the employment.

      • In other types of matters, you might bring the names, addresses, and phone numbers of all people or entities involved. The lawyer cannot represent you if he or she has a relationship with anyone who is adverse to your position.

      • All documents related to your matter. If you are involved in a lawsuit, bring anything you’ve received from a court or any person or entity involved in the dispute. Some lawyers might request that you send them the materials ahead of time so they can prepare to meet with you. Provide copies, not the originals. For review of an agreement such as an employment agreement, you should provide a copy of the agreement.

      Attorneys often charge by the hour. The more focused and well organized that you are (e.g., all documents supplied to the attorney and well organized), the less work for the attorney and the smaller your legal bill will likely be.

      You should also prepare some questions to ask the lawyer. You are essentially conducting a job interview. Depending on the matter, the some or all of the following may be helpful questions:

      • Are you experienced in this kind of matter?

      • Will you be the lawyer handling this matter, or will an associate be handling this?

      • How long do you estimate it will take to complete this matter?

      • How much do you estimate your services will cost me?

      • What is your fee structure?

      Your New Attorney

       Once you have hired your lawyer, there are certain expectations for that relationship. You should expect your lawyer to:

      • Prepare a written fee agreement, including information about what expenses you will be required to pay and the reasons behind those charges

      • Be straightforward and honest in giving you advice

      • Tell you the strengths and weaknesses of your case or position

      • Keep you informed of the status of the matter and of actions that he or she is taking

      • Follow your instructions (as long as they are legal, ethical, and reasonable)

      • Protect your interests and consult you when making important decisions regarding your case

      • Refrain from representing any other client with interests that conflict with yours during the time that she or he is representing you

      • Provide you with copies of all letters and documents related to your matter

      • Provide you with an itemized periodic bill of all work done and expenses related to your case

       In turn, your lawyer will likely expect the following of you:

      • Be present and on time for all appointments and court dates (if applicable)

      • Give him or her reliable contact information for you and update him or her whenever your contact