Many of you have called me to discuss my articles in Dental Practice Report, and during those conversations you have asked for suggestions on how to select a lawyer. As a result, this article will provide you with some guidance on seeking legal counsel.

One of the first things you will need to do is obtain the names of lawyers in order to research them and determine whether they are appropriate for your legal issue. A very good method of selecting a lawyer is to request referrals from your friends or professional colleagues. You can also telephone the local bar association in your community.

Many bar associations have lawyer referral services that provide the public with the names of lawyers who have experience in various legal areas. You also can visit your local library, which may have a legal directory known as Martindale-Hubbell.

This directory contains the names of most lawyers who practice in the United States. For many of the lawyers included in Martindale-Hubbell there are brief biographies, which may include their area(s) of expertise. You will also be able to obtain the names of lawyers from your telephone directory, and many of these listings will state their preferred area of practice.  

Background research

You are now ready to hone in on the names of lawyers that you have collected which appear to demonstrate the most promise for handling your legal issue. Before you speak with any of the lawyers, it would be prudent to use a computer search engine, such as “Google,” to learn about the attorney’s background. If the lawyer has had experience writing for legal publications, you can check to see what areas of the law the lawyer is interested in researching and writing about.

If the attorney’s published writings have nothing to do with the area of the law relevant to your problem, this is sufficient reason for you not to consider this lawyer. As for the other lawyers on your list, you need to know whether they actually have experience with your legal issue. Thus, your next step is to telephone these attorneys and ask. It is very likely that you will speak with the lawyer’s secretary or paralegal.

If the person who answers is unable to respond to your question, the lawyer you called about, or another attorney in the practice, may telephone you to discuss your legal issue. You also will want to know whether the lawyer charges for the initial interview. If your matter is routine (e.g., establishing a simple corporation), you should ask the lawyer whether he has a standard fee and what it covers.

   Assuming the matter is more complicated, you should inquire as to the hourly rate of the lawyer and an estimate of what it is likely to cost you if the lawyer were to take your matter. You should also determine if the lawyer provides a written agreement that specifies the fees and services that will be provided. Maintain notes of the answers you have received from each of the lawyer‘s offices. Study the responses that you have received, and then decide which of the lawyers you want to meet.

For your initial interview you should prepare a written summary of your legal problem. In addition, you should also take with you the names, addresses and telephone numbers of all of the individuals who are involved in the matter. Likewise, take with you all written instruments such as contracts, receipts, checks, repair bills or any other written document that relates to your legal issue.

Based on your background investigation and your meeting with the lawyer, you should now be in a position to select your attorney

This article is informational only and does not constitute legal advice. Dentists must consult with their own lawyers for such advice.

Peter M. Sfikas served as General Counsel of the American Dental Association from June 1995 until October, 2006. He is a Fellow of the American College of Trial Lawyers, and he has written, taught and lectured on dental issues. He currently practices law in Chicago. If you have any comments or questions about this article he can be reached at 312-802-0476.