Nolo on TenantNet
Return to: Nolo on TenantNet Index
Legal Coaches: Getting Affordable Help From Lawyers
by Paul Bergman and Sara Berman-Barrett
Copyright © 1993 Nolo Press
Even if it does not make economic sense for you to turn your entire case
over to an attorney, consulting a lawyer along the way may be a big
help. You may
want to hire one on an hourly basis as a legal coach to give you
occasional
advice, but not to actually represent you. Instead of turning your case
over to
the lawyer, you pay--usually by the hour--for limited help and advice.
This
arrangement can be an affordable way to get the help you need.
Your legal coach may simplify your legal research, suggest evidence you
should
look for to prove your legal claims, explain a confusing rule of
evidence, inform
you of deadlines, alert you to courtroom procedures peculiar to your
local court
system or suggest ways of making your arguments more persuasive.
Traditionally, attorneys have either taken on overall responsibility for
a
client's case or declined to get involved. And many lawyers will not go
for the
legal coach arrangement, because they do not want to get involved in
what they
see as the messy world of self-representation or risk being legally
liable if you
make a mistake.
However, these days, many lawyers need work. And lots of lawyers are
sympathetic
to the fact that the average person cannot afford full-service
representation in
many lawsuits, given that lawyers' fees can run upwards of $25,000 in
even fairly
uncomplicated trials.
Why Consult a Lawyer?
A lawyer acting as a legal coach can help you in several important
ways.
To Confirm That You Have a Good Claim or Defense
Not every wrong amounts to a valid legal claim that is worth pursuing in
court.
For instance, if a home appliance breaks, explodes and burns your hand,
causing
painful injuries that require medical treatment, you likely have a good
case
against the product's manufacturer and the store where you bought it.
But if the
appliance breaks after its warranty has expired and does not do any
damage to
anyone or anything, you may be inconvenienced but do not have grounds to
bring a
lawsuit.
To Find Out the Law That Applies in Your Case
To determine what evidence to look for and eventually present in court,
you must
know what law controls your case. You can research this on your own, but
it is
likely to be more difficult for you, a non-expert, than for an
experienced
attorney.
To Assist With Preparing Documents
Your legal coach may be able to help you make sure any legal document
you prepare
is correct, logical and persuasive. A legal coach can help you draft or
respond
to the initial pleadings--the complaint or answer--or check pleadings
you have
prepared.
To File and Serve Legal Documents
Legal documents often have to be written in certain ways--sometimes even
on a
specific kind of paper--and filed and served according to detailed
rules. Your
legal coach, or assistants in his or her office such as paralegals or
legal
secretaries, may be able to assist you a great deal by typing court
documents
into final form and filing and serving them on your opponent for you.
To Answer Questions Along the Way
Ultimately, what to say and do at trial will be your judgment call. But
preparing
and trying a case necessarily involves maneuvering within a complex and
impersonal system. You not only need to understand legal rules, but also
to plug
them into a winning strategy--a strategy you will typically have to
fine-tune as
your adversary reacts to your actions. It can help you a lot to run your
general
plans by an experienced lawyer. You may also come to particular points
of
confusion where some expert legal advice can save you much time and
frustration.
For example, you may want help planning a deposition, subpoenaing
documents or
deciding whether to accept a settlement proposal from your opponent.
It may be especially helpful to have your coach review your outlines of
what you
expect to testify about and what you plan to ask witnesses on direct and
cross-examination. Your coach may spot areas where you reveal
information you are
better off keeping to yourself or questions that are likely to get you
into
trouble.
To be on Call During Trial
It may help to have a knowledgeable attorney who is familiar with your
case
available for last minute consulting in case something happens at trial
that
throws you for a loop. If your coach agrees to be available by phone,
you can ask
the judge for a five-minute recess, even during the middle of trial if
necessary,
and make a quick call for advice.
To Take Over If Things Get Out of Control
You may know that there is no way you can afford to hire a lawyer and
that you
will try your whole case from start to finish no matter what. But do not
rule out
hiring a lawyer to take over if you really need help and can afford it.
If you
have consulted a legal coach from time to time in preparing for trial,
that
lawyer may be in a good position to step in for you if feel you are
unable to
continue representing yourself.
Shopping for a Coach
When you have narrowed your list to a few possibilities, call to make an
appointment. Briefly describe the facts of your case, explain why you
think it is
a good case and state your reasons for representing yourself. Be as
specific as
you can about what you want. Explain, for instance, that you want the
attorney's
help with locating the law that governs your case, and, if possible,
you need
him or her to be available by phone or fax during your trial in case you
need
help pulling yourself out of a legal hole. Be sure to ask how much the
initial
interview will cost.
Paying the Price
Most likely, your legal coach will charge you by the hour. Rates for
lawyers who
do personal legal services work typically run from $100 to $250 per
hour. Certain
experts and big firm lawyers charge even more. It is important to find
out
exactly how the lawyer will calculate the bill. For example, some
lawyers who
charge by the hour bill in minimum increments of 15 minutes, and others
bill in
increments of five or six minutes. That means that a five-minute phone
conversation, for which you are billed the minimum amount, could cost
you
different amounts, depending on how the lawyer figures the bill.
Of course, you want to get good value for your money, but that does not
always
mean looking for the lowest hourly fee. Hiring a more experienced
attorney--even
if his or her hourly rates are high--may cost less, since he or she may
take less
time to review and advise you on particulars of your case.
Many lawyers routinely ask clients to pay a retainer--a deposit or
advance
fee--which is kept in a trust account and used as services are provided.
If your
legal coach asks for a retainer, it probably should not be more than
about $500,
since you do not plan on running up high legal bills and do not yet know
whether
the legal coach relationship is really working out.
It will benefit both you and your coach to sign an agreement that makes
clear
that the lawyer is merely advising you, that you are making your own
decisions
and are responsible for the results in the case.
Keeping Lawyer Bills Down
Hiring a competent, supportive lawyer as a legal coach will likely be
well worth
the expense. But here are some ideas on how to get the most for your
money.
Prepare for Meetings
Prepare for all sessions, including phone calls, by sending the attorney
copies
of all key background documents, such as the contract if you have a
contract
dispute. Whenever possible, put your questions in writing and mail, fax
or
deliver them to your coach before meetings.
Consolidate Your Questions
Because hourly charges are divided up into parts of an hour, you may be
charged
for more time than your coach actually spends with you. So it pays to
gather your
questions and ask them all at once, rather than calling every time you
have a
question.
Beware of Other Costs
Always ask if there will be any incidental fees, such as photocopy and
fax
charges. If there are, you may be able to find ways to cut them down.
For
example, if the law office charges $3 for each page it faxes, pick up a
document,
or ask that it be mailed to you instead of faxed.
Try to Answer Questions on Your Own
Remember that you are hiring a legal coach, not a full-service lawyer.
That means
doing as much as you can by yourself and turning to the coach only when
you are
really stuck.
Side Bar--Finding a Coach
Finding a good legal coach is likely to require some searching. You
want a
lawyer with trial experience and familiarity with the legal issues
involved in
your case. Many beginning lawyers, and some very experienced ones, have
no more
experience trying a case in court than you do. You also want someone you
are
comfortable with--someone who understands, respects and agrees to
perform the
role of legal coach. To develop a pool of potential legal coaches to
interview,
try these sources of lawyer referrals.
Friends and Family
Law practice is increasingly specialized, so an attorney who handled
your
friend's divorce may not be able to help coach you through a lawsuit
against your
former employer. But lawyers tend to know lots of other lawyers; even if
a lawyer
to whom you are referred cannot help, he or she may be able to recommend
another
lawyer who can.
Legal and Community Organizations
Ask to speak with a lawyer at a local legal aid center--the nonprofit
law office
that handles cases for lower income people--the local chapter of a
national legal
organization such as the ACLU, or a community organization focusing on
the issues
in your case, like a tenants' rights group for landlord-tenant disputes
or a
women's organization for sex discrimination cases.
Paralegals
Independent paralegals--non-lawyers who help people complete and file
court
papers but do not give legal advice--frequently refer clients to lawyers
and get
feedback on the lawyers' work. Check the Yellow Pages under Paralegals
or Typing Services.
Related Products:
Books
The above links are connected to Nolo's on-line store where you will
find a detailed description of each product.
The selected articles originally appeared in the Nolo News and are Copyright © Nolo Press 1996 and reproduced here with permission.
If you find them of value, we encourage you to visit Nolo Press at their web site http://www.nolo.com.
If you wish to post them on-line or otherwise distribute them, first read Nolo's copyright policy.
|