Choosing the Right Lawyer

Choosing the Right Lawyer - Expertise, Experience and Efficiency By David Lubin

Expertise

It goes without saying that your lawyer must have expertise in the specific areas where his input is necessary. If you are in the real estate business, it makes no sense to retain a lawyer who is proficient in the area of trusts and estates. Your lawyer must be fully conversant in the law and how it applies to your situation. When first establishing a business, or when your business is entering a new stage in its growth cycle, the lawyer may have to deal with numerous legal issues. For example, when an entrepreneur first establishes the business, the entity has to be structured properly for management and control purposes. Additionally, tax ramifications, intellectual property rights, labor issues, compensation and benefit plans should also be taken into account. While one cannot be erudite in all areas of the law (jack of all trades master of none), a capable attorney will be able to recognize where other expertise is necessary and advise his client accordingly. Carefully consider the potential damage which could arise if you think the lawyer has an ego (or other personality disorder) which might impede his ability to recommend other counsel where it might be necessary.

Experience

Although you may want to select an attorney for personal reasons (brother-in-law, your wife's best friend and so on), the proper lawyer for your business should have the experience to match your needs. A lawsuit against you for trademark infringement requires a litigator who has had prior experience in a prior lawsuit, particularly in the same business as your suit. Lawyers are expensive enough to begin with-you certainly don't want to be paying for the lawyer to gain experience on a particular matter at your expense. An attorney with experience in your business can also anticipate your needs and anticipated problems.

Thorough representation requires the proper expertise and experience. Do not hesitate to ask potential counsel about his particular expertise and experience with your particular situation. Question him about his experience representing individuals in your situation as well as businesses in the same space as yours. It is one thing representing a sole stockholder who runs this business in the manner he desires; it is a totally different situation if there is a disagreement between two partners.

Efficiency

Since most attorneys will charge by the hour, it is important to locate an experience lawyer with the proper expertise who will be as efficient as possible on your behalf. Lawyers should not slow down the pace of your business, nor take up too much of your resources in reaching the desired result. It goes without saying that your lawyer should be available when you need them. With all the luxuries of modern technology, if your lawyer does not return your phone call within a reasonable period of time, does it mean that you and your needs are not as important to him as they should be?

One way for you to ensure your counsel is efficient is to take the time to educate your lawyer about new developments in your business and upcoming issues. Depending on your needs, it may be beneficially to periodically update your counsel so he can be well-informed about your needs, even if you don't realize what they might be.

Lawyers come in all shapes and sizes. Ensure that your attorney is best suited for you and your needs. If you get the impression that you are not the most important client that your lawyer is servicing, it is time to find a more experiences and efficient lawer.

Published in Empire Magazine September 2002