Finding a Lawyer or Attorney

How does an ordinary person find an attorney? There is no reliable print or electronic source for specific attorney referrals. Those well-publicized lists that "rate" attorneys are typically self-published (the attorney pays a fee to be listed and "rated") and the ratings are from subjective sources. The attorneys listed are not judged on objective characteristics by authoritative experts from inside and outside the profession.

The Iowa State Bar Association provides a free, online directory to assist members of the public in locating a private attorney called Iowa Find-A-Lawyer. Iowa Find-A-Lawyer helps to connect potential clients to members of The Iowa State Bar Association who have asked to be listed under particular specialties. This does not mean that the private attorneys listed on Iowa Find-A-Lawyer are the "best" or the most experienced attorneys in certain areas of the law; the members who are included in the online directory indicated that their practices concentrate on select kinds of cases, such as family law, probate, criminal defense, or real estate. Lawyers appearing on the Iowa Find-A-Lawyer online directory have agreed to charge $25 or less for up to a half-hour of initial consultation with no obligation to retain their services. Thirty minutes can be plenty of time to tell your story and ascertain your legal options and your chances of prevailing in court. Alternatively, you might consider hiring an attorney for limited-scope services, meaning that rather than retaining a lawyer to fully represent you and handle all aspects of your case from start to finish, you can pay for specific task-oriented services and limited advice for your self-represented case.

The "best" attorneys are not necessarily those who do the greatest volume of work. For instance, a family lawyer who settled 25 relatively easy uncontested divorce cases last year may or may not be as skilled as an attorney who litigated four very difficult and complicated dissolutions during the same period. An attorney who regularly handles cases on appeal has a different set of skills than an attorney who only litigates at the district court level. Federal or state appellate-level attorneys handle far fewer cases on average than county courthouse litigators.

Generally speaking, these are the guidelines for finding the "best" attorney for any particular case: (1) If you have had a positive previous experience with an attorney (in any area of the law), ask that attorney for a referral to an attorney who would do well with your case. Even if this attorney doesn't personally know of an excellent practitioner, he or she most likely knows someone in a position to make a reliable recommendation. (2) Interview attorneys in your geographical area and ask each how he or she would handle your case. Ask if they've ever litigated a similar case, ask them to tell you about it, and ask to read the judge's or jury's decision(s). (3) Search case law at the appellate level to see who litigated cases like yours. It is indeed difficult to find the "best" attorney, but the attorney who's best for one client could feasibly be the worst for another. Decide what you want to get out of your case, how you want it to be conducted, and interview potential attorneys accordingly. If you want to hire a relentless and merciless "bull dog," then a gentle, smiling, advocate of mediation who wants to compromise and settle out of court is not for you, and vice versa.

America's judicial system is complicated, nuanced and built for professionals--not laypersons--to navigate; effectively presenting a winning case is as much art form as skilled craft. Attorneys spend three years and more than $100,000 earning doctorate degrees in competitive law school programs, and then spend more years honing their skills, building experience and deepening their knowledge under the tutelage of mentors. Navigating our rule-filled courts is a chess game; just because you're good at checkers doesn't mean you can easily jump into a match, especially if your opponent is represented by a seasoned master.

Retaining an attorney can be expensive and like any other unplanned financial outlay, you may have to get creative. Some people borrow money from family, friends, employers, banks or credit unions to fund their lawsuits. Others sell a valuable asset or take a second (or third) job to pay their legal fees. If you can take out a zero-interest credit card, your case-related expenses can be charged. Attorneys who represent clients suing for monetary damages will usually take a percentage of winning awards or settlements rather than charging up-front retainers and hourly rates--if you lose this type of case, you owe only overhead costs. Many attorneys are willing to work with clients to set up payment plans. Always ask your attorney if you can petition the judge to assign attorney fees and court costs to the opposing party.

The vast majority of lawsuits--upwards of 95% by most estimates--are settled out of court rather than by trial, so bringing a suit may actually end up costing much less than you anticipated, especially if your attorney can settle it without stepping foot into a courtroom. Sometimes a strongly-worded letter on law firm letterhead gets the job done. It's always a good idea to consult with an attorney, however briefly, before attempting to find your way in the maze that is our judicial system.