How do I 'get a lawyer'?
December 2, 2009 11:03 PM Subscribe
I'm not in any trouble, but how do I 'get a lawyer'?
This is probably a silly question, but I thought I'd ask it anyway. I was watching a TV show a little while ago, and one of the characters was in trouble with the police for something minor (I forget what it was now, but it's not really relevant anyhow). The female character in question refused to discuss whatever it was and said "I want my lawyer". They replied "Okay, what's his name?" and she meekly replied "…I don't have one…".
Before I begin, I'm in the UK, so specific advice tailored to the U.S., while interesting, is ultimately useless to me. :)
Now, while this was funny and all, it made me wonder what I'd do in the same situation — and I realised I'd be in exactly the same boat. I'd go into 'exercising my civil liberties' mode, then have to sort something out afterwards. I'm not in any trouble with the authorities nor, hopefully, am I likely to be, but in the event that I am how does this work? Do I get a personal lawyer in advance, and if so, do you have to pay a 'retainer' or just pay as and when you need to employ said lawyer's services?
Most of my knowledge of the law is based on episodes of Damages, gangster movies and the courtroom scenes of Aaron Sorkin films, so I apologise for any gratuitous misuse of legal jargon or just general stupidity. Also, I know YANML, but obviously neither is anyone else so we're all good.
This is probably a silly question, but I thought I'd ask it anyway. I was watching a TV show a little while ago, and one of the characters was in trouble with the police for something minor (I forget what it was now, but it's not really relevant anyhow). The female character in question refused to discuss whatever it was and said "I want my lawyer". They replied "Okay, what's his name?" and she meekly replied "…I don't have one…".
Before I begin, I'm in the UK, so specific advice tailored to the U.S., while interesting, is ultimately useless to me. :)
Now, while this was funny and all, it made me wonder what I'd do in the same situation — and I realised I'd be in exactly the same boat. I'd go into 'exercising my civil liberties' mode, then have to sort something out afterwards. I'm not in any trouble with the authorities nor, hopefully, am I likely to be, but in the event that I am how does this work? Do I get a personal lawyer in advance, and if so, do you have to pay a 'retainer' or just pay as and when you need to employ said lawyer's services?
Most of my knowledge of the law is based on episodes of Damages, gangster movies and the courtroom scenes of Aaron Sorkin films, so I apologise for any gratuitous misuse of legal jargon or just general stupidity. Also, I know YANML, but obviously neither is anyone else so we're all good.
Response by poster: Isn't legal aid for people who can't afford legal representation? That's not what I asked for — I'm asking whether I need a lawyer in advance or not and if the former how I go about doing that.
posted by jaffacakerhubarb at 11:32 PM on December 2, 2009
posted by jaffacakerhubarb at 11:32 PM on December 2, 2009
Best answer: Getting a lawyer/solicitor can be as simple as finding one in the Yellow Pages and booking an appointment. Once you have a regular lawyer/solicitor, you'd eventually have a relationship with them where you'd be able to hail them when needed (though you'd be paying for the privilege, unless you get into the legal aid route).
posted by wackybrit at 11:33 PM on December 2, 2009
posted by wackybrit at 11:33 PM on December 2, 2009
Best answer: You could put a lawyer on retainer. Of course, that costs money.
Alternatively, you could just keep a lawyer's card in your wallet.
posted by Netzapper at 11:38 PM on December 2, 2009
Alternatively, you could just keep a lawyer's card in your wallet.
posted by Netzapper at 11:38 PM on December 2, 2009
Best answer: A good way (and probably the most typical way) to find a lawyer is by personal recommendation; asking friends and family who have needed lawyers or who are lawyers themselves. It would be unusual to have a lawyer on retainer unless you're quite wealthy or have specific legal issues.
If you were in immediate trouble, and unable (perhaps because of police detention) to look for a lawyer yourself, you'd contact someone close to you--a good friend, spouse, sibling, etc.--and they would hopefully start reaching out to their contacts for advice on good legal representation. Or they'd do a google search. It's really no more sophisticated than that.
posted by mr_roboto at 11:44 PM on December 2, 2009
If you were in immediate trouble, and unable (perhaps because of police detention) to look for a lawyer yourself, you'd contact someone close to you--a good friend, spouse, sibling, etc.--and they would hopefully start reaching out to their contacts for advice on good legal representation. Or they'd do a google search. It's really no more sophisticated than that.
posted by mr_roboto at 11:44 PM on December 2, 2009
Best answer: You should watch The Bill more, they're always making use of the Duty Solicitor.
posted by gregjones at 11:46 PM on December 2, 2009
posted by gregjones at 11:46 PM on December 2, 2009
Best answer: Yeah, normal people doing normal stuff don't need a lawyer of their own. Hell, I'm a lawyer myself and I don't have "my lawyer" -- I do know the name of a lawyer I'd call if I had a criminal issue, but he doesn't know who I am and hopefully never will.
It's a totally reasonable thing for someone exercising their rights to not know the name of a lawyer and have one chosen for them by a friend or family member. It's also a totally normal thing (in fact, the expected thing) for a criminal lawyer to get a call from a distraught family member in the middle of the night and have to go represent someone they've never met before in an interrogation situation. There's a whole realm of lawyer advertising (in the US at least) that aims to get the lawyer's name and phone number in front of people who've just been arrested - cards to keep in one's wallet, etc.
posted by katemonster at 12:01 AM on December 3, 2009
It's a totally reasonable thing for someone exercising their rights to not know the name of a lawyer and have one chosen for them by a friend or family member. It's also a totally normal thing (in fact, the expected thing) for a criminal lawyer to get a call from a distraught family member in the middle of the night and have to go represent someone they've never met before in an interrogation situation. There's a whole realm of lawyer advertising (in the US at least) that aims to get the lawyer's name and phone number in front of people who've just been arrested - cards to keep in one's wallet, etc.
posted by katemonster at 12:01 AM on December 3, 2009
Best answer: In the UK and New Zealand you'd get the duty solicitor if you don't have a lawyer, or if the police can't get in touch with your lawyer.
posted by rodgerd at 12:08 AM on December 3, 2009
posted by rodgerd at 12:08 AM on December 3, 2009
Response by poster: Thanks for all your answers — basically, worry about it if I need to worry about it. Thanks! :)
posted by jaffacakerhubarb at 12:13 AM on December 3, 2009
posted by jaffacakerhubarb at 12:13 AM on December 3, 2009
Something else to remember when choosing someone for retainer: depends on what you're likely to be caught at, doesn't it? Lawyers aren't "one size fits all". Drunk drivers, embezzlers, spies, tax cheats, wife beaters, liquor store robbers, Ponzi schemers, environmental activists, drug dealers, basketball groupies, whistleblowers: to each his own...
posted by aquafortis at 1:30 AM on December 3, 2009
posted by aquafortis at 1:30 AM on December 3, 2009
>normal people doing normal stuff don't need a lawyer of their own
That, my friend, depends on what you're doing.
The advice to look in the yellow pages is not good advice. The best way to find a lawyer to handle a particular problem is to ask another lawyer for a referral. Most (not all) will do that without a charge.
posted by yclipse at 4:31 AM on December 3, 2009 [1 favorite]
That, my friend, depends on what you're doing.
The advice to look in the yellow pages is not good advice. The best way to find a lawyer to handle a particular problem is to ask another lawyer for a referral. Most (not all) will do that without a charge.
posted by yclipse at 4:31 AM on December 3, 2009 [1 favorite]
Yeah, normal people doing normal stuff don't need a lawyer of their own.
This is a silly statement. Isn't it "normal" to have a will?
posted by Jaltcoh at 4:51 AM on December 3, 2009
This is a silly statement. Isn't it "normal" to have a will?
posted by Jaltcoh at 4:51 AM on December 3, 2009
Many lawyers (at least in my U.S. experience) also offer free first consultations over the phone. I found mine by asking friends and acquaintances and then giving her a call. She spent time going over my options with me - for free - over the phone. I've used her and recommended her many times since, and she's always willing to talk to new clients over the phone to help them understand their situation and options before they hire her.
I know a bunch of other lawyers who do this, but you almost never see lawyers in AskMe point this out as an option. I'm not sure why.
posted by mediareport at 5:27 AM on December 3, 2009
I know a bunch of other lawyers who do this, but you almost never see lawyers in AskMe point this out as an option. I'm not sure why.
posted by mediareport at 5:27 AM on December 3, 2009
There's also a "Getting a Lawyer" entry in the MeFi FAQ.
posted by mediareport at 5:36 AM on December 3, 2009
posted by mediareport at 5:36 AM on December 3, 2009
The best way to find a lawyer to handle a particular problem is to ask another lawyer for a referral.
And the best way to find that other lawyer is to ask friends and acquaintances who they use and trust to handle their legal problems.
posted by mediareport at 5:42 AM on December 3, 2009
And the best way to find that other lawyer is to ask friends and acquaintances who they use and trust to handle their legal problems.
posted by mediareport at 5:42 AM on December 3, 2009
This is a silly statement. Isn't it "normal" to have a will?
Yeah, but people who hire a lawyer just to write a will for them aren't likely to keep that lawyer on permanent retainer and refer to them as "my lawyer". It's a discrete transaction. OP was asking about going out in advance of need and signing up with a lawyer, like you might for a pediatrician before your baby is born, and having an ongoing relationship.
It's normal to *have* a will, but it's not a normal event in the course of an individual's life to *write* a will. It's a big deal -- hence the hiring of the lawyer.
To put it another way, since I may not have been as clear as possible at two in the morning, if I as a lawyer heard somebody say "My lawyer blah blah blah", I would assume they had some particular reason to have one (a will, a bankruptcy, buying a house, employment issues, etc). Absent a particular reason to have one, most people do not need a lawyer to go about their daily lives. You have a doctor, you have an accountant, you might even have a gardener and a pool boy, but most of us only have a lawyer when we're doing something out of the ordinary for us.
posted by katemonster at 6:50 AM on December 3, 2009
Yeah, but people who hire a lawyer just to write a will for them aren't likely to keep that lawyer on permanent retainer and refer to them as "my lawyer". It's a discrete transaction. OP was asking about going out in advance of need and signing up with a lawyer, like you might for a pediatrician before your baby is born, and having an ongoing relationship.
It's normal to *have* a will, but it's not a normal event in the course of an individual's life to *write* a will. It's a big deal -- hence the hiring of the lawyer.
To put it another way, since I may not have been as clear as possible at two in the morning, if I as a lawyer heard somebody say "My lawyer blah blah blah", I would assume they had some particular reason to have one (a will, a bankruptcy, buying a house, employment issues, etc). Absent a particular reason to have one, most people do not need a lawyer to go about their daily lives. You have a doctor, you have an accountant, you might even have a gardener and a pool boy, but most of us only have a lawyer when we're doing something out of the ordinary for us.
posted by katemonster at 6:50 AM on December 3, 2009
The best way to find a lawyer to handle a particular problem is to ask another lawyer for a referral.
That's sort of a silly answer to the question, "How do I find a lawyer?" And no, there is nothing wrong with looking in the yellow pages. That's why they exist. There isn't anything magical about law that makes it less susceptible to a yellow-pages perusal than plumbing, extermination, or whatever else you might have one-time need of.
basically, worry about it if I need to worry about it.
That's what most people do. There isn't anything wrong with taking initiative to be prepared, though. For example, where I live, people who operate snowplows will post slips of paper with their phone number on it in local cafes and such. And some people who usually shovel their own driveways will grab a couple of numbers anyway in case of an emergency (a particularly bad storm, an injury, etc.). I've seen lawyers do the same thing with their business cards—post it on a bulletin board, or put a stack on the table at the gym.
So to answer your initial question, "How do I get a lawyer when I don't yet need one?", you could simply grab some such local lawyer's number and pick up the phone. "Hi, I was wondering what kind of law you practice. Great, thanks. I live in the area and was just looking for someone just-in-case, so I'll stick your number on my fridge." Many lawyers would be happy to have that 30-second exchange with you. Now, in your hypothetical situation, you have somebody to call.
posted by cribcage at 6:52 AM on December 3, 2009
That's sort of a silly answer to the question, "How do I find a lawyer?" And no, there is nothing wrong with looking in the yellow pages. That's why they exist. There isn't anything magical about law that makes it less susceptible to a yellow-pages perusal than plumbing, extermination, or whatever else you might have one-time need of.
basically, worry about it if I need to worry about it.
That's what most people do. There isn't anything wrong with taking initiative to be prepared, though. For example, where I live, people who operate snowplows will post slips of paper with their phone number on it in local cafes and such. And some people who usually shovel their own driveways will grab a couple of numbers anyway in case of an emergency (a particularly bad storm, an injury, etc.). I've seen lawyers do the same thing with their business cards—post it on a bulletin board, or put a stack on the table at the gym.
So to answer your initial question, "How do I get a lawyer when I don't yet need one?", you could simply grab some such local lawyer's number and pick up the phone. "Hi, I was wondering what kind of law you practice. Great, thanks. I live in the area and was just looking for someone just-in-case, so I'll stick your number on my fridge." Many lawyers would be happy to have that 30-second exchange with you. Now, in your hypothetical situation, you have somebody to call.
posted by cribcage at 6:52 AM on December 3, 2009
Also, as a general proposition, it is very unlikely that you would want the lawyer who drafted your will to handle a DMCA takedown notice for alleged illegal file sharing, your small business' sexual harrassment suit, the purchase of that small business by Google, AND your speeding ticket.
There are SOME lawyers who purport to do it all. There are many lawyers out there who have successful general practices. But there are also very specialized areas of the law in which specialists are very much required, and in which a general practicioner would be sorely outclassed.
I was at a reception yesterday during which I hung out with a lawyer my age who has a traffic/criminal practice. (I am in a civil litigation specialty niche.) I know almost nothing about what he does on a daily basis, and vice versa. Our clients, our activities before courts, our day-to-day activities -- they are like night and day. And BOTH of us would be utterly useless if we tried to handle complex transactional work by ourselves (which was the realm of another lawyer who joined our discussion circle).
For "run of the mill" individual stuff (wills, minor criminal issues, personal injury) a general practicioner could probably handle the issues fine. But even in the three categories I mentioned there, people specialize and focus. FWIW, for my own friends and family, I have referred PI and estate planning issues to lawyers who specialize in those issues (and not general practicioners).
Caveat: This is the perspective of a specialist lawyer who has practiced in fairly large metropolitan areas in the US. But my understanding is that in the UK, solicitors can be VERY specialized; barristers (theoretically) not so much.
posted by QuantumMeruit at 7:18 AM on December 3, 2009
There are SOME lawyers who purport to do it all. There are many lawyers out there who have successful general practices. But there are also very specialized areas of the law in which specialists are very much required, and in which a general practicioner would be sorely outclassed.
I was at a reception yesterday during which I hung out with a lawyer my age who has a traffic/criminal practice. (I am in a civil litigation specialty niche.) I know almost nothing about what he does on a daily basis, and vice versa. Our clients, our activities before courts, our day-to-day activities -- they are like night and day. And BOTH of us would be utterly useless if we tried to handle complex transactional work by ourselves (which was the realm of another lawyer who joined our discussion circle).
For "run of the mill" individual stuff (wills, minor criminal issues, personal injury) a general practicioner could probably handle the issues fine. But even in the three categories I mentioned there, people specialize and focus. FWIW, for my own friends and family, I have referred PI and estate planning issues to lawyers who specialize in those issues (and not general practicioners).
Caveat: This is the perspective of a specialist lawyer who has practiced in fairly large metropolitan areas in the US. But my understanding is that in the UK, solicitors can be VERY specialized; barristers (theoretically) not so much.
posted by QuantumMeruit at 7:18 AM on December 3, 2009
That's sort of a silly answer to the question, "How do I find a lawyer?" And no, there is nothing wrong with looking in the yellow pages. That's why they exist. There isn't anything magical about law that makes it less susceptible to a yellow-pages perusal than plumbing, extermination, or whatever else you might have one-time need of.
A bad plumber or exterminator might be annoying; a bad criminal lawyer could be devastating. There's an enormous range of skill, talent and experience among lawyers, and some of the lawyers in the phone book are likely to be pretty bad. (And some very good.) Other lawyers can tell you who's good and who's bad, thus the recommendation to ask another lawyer for a referral. If you don't know a lawyer personally, it is likely that you have a friend or acquaintance who does know a lawyer that you can ask for a referral.
posted by pitseleh at 7:37 AM on December 3, 2009
A bad plumber or exterminator might be annoying; a bad criminal lawyer could be devastating. There's an enormous range of skill, talent and experience among lawyers, and some of the lawyers in the phone book are likely to be pretty bad. (And some very good.) Other lawyers can tell you who's good and who's bad, thus the recommendation to ask another lawyer for a referral. If you don't know a lawyer personally, it is likely that you have a friend or acquaintance who does know a lawyer that you can ask for a referral.
posted by pitseleh at 7:37 AM on December 3, 2009
Seconding pitseleh.
I'm a criminal defense lawyer. I would NEVER tell someone to find their lawyer in the yellow pages.
If you absolutely have to resort to some general database approach (as opposed to a personal referral), there's the Martindale lawyer locator:
http://www.martindale.com/
Generally, you can rely on the AV peer review ratings.
posted by mikeand1 at 9:04 AM on December 3, 2009 [1 favorite]
I'm a criminal defense lawyer. I would NEVER tell someone to find their lawyer in the yellow pages.
If you absolutely have to resort to some general database approach (as opposed to a personal referral), there's the Martindale lawyer locator:
http://www.martindale.com/
Generally, you can rely on the AV peer review ratings.
posted by mikeand1 at 9:04 AM on December 3, 2009 [1 favorite]
The advice to look in the yellow pages is not good advice.
That depends how many lawyers are in your area. There are three main legal companies within a 30 minute drive of here, so they're all well known and the Yellow Pages is a good way to get their number. Even if they all sucked, if you live in this area you're almost guaranteed to use them due to lack of choice.
posted by wackybrit at 9:42 AM on December 3, 2009
That depends how many lawyers are in your area. There are three main legal companies within a 30 minute drive of here, so they're all well known and the Yellow Pages is a good way to get their number. Even if they all sucked, if you live in this area you're almost guaranteed to use them due to lack of choice.
posted by wackybrit at 9:42 AM on December 3, 2009
"My lawyer" doesn't have to be a single individual. Many smaller (local) law firms will cover a range of practice areas and if over the course of your life you go that the law firm for all your legal needs (your will, home sale, traffic ticket, the silly dispute about the neighbour's fence, the employment contract question, etc.) - then that firm is "your lawyer".
They'll have a file with your name on it, you'll be in their computer and they'll do more to help an existing client than a cold-calling stranger. Referring you to a specialist, for example.
posted by Xhris at 10:43 AM on December 3, 2009
They'll have a file with your name on it, you'll be in their computer and they'll do more to help an existing client than a cold-calling stranger. Referring you to a specialist, for example.
posted by Xhris at 10:43 AM on December 3, 2009
This thread is closed to new comments.
posted by tiamat at 11:07 PM on December 2, 2009