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HOW TO FIND AN ATTORNEY...*

By: Michael B. Rizik Jr.
Attorney At Law

Rizik & Rizik
8226 South Saginaw Street; Ste A
Grand Blanc, Michigan 48439
Phone: 810-953-6000
FAX: 810-953-6005
Cell: 810-610-2673
E-mail: lawyers@riziklaw.com

*...without losing your shirt


DICK THE BUTCHER: "THE FIRST THING WE DO, LET'S KILL ALL THE LAWYERS"
-- Henry VI, part 2, Act IV, scene 2, line 68

The common misinterpretation of this famous quote is that even William Shakespeare hated attorneys over 400 years ago--probably because one sued him for a slip and fall at the Globe Theater. Nothing could be further from actual fact, because his real message was that a tyrant, to consolidate his dictatorship, would "...kill all the lawyers". The dictator will also destroy all currency, and the citizenry would eat only at the tyrant's expense – and pleasure. Everyone would dress the same.

The dictator promised everyone would have more bread and beer, and would act like "brothers and worship me their lord."

This chillingly perceptive account of utopia could have been written in the 20th and 21st centuries rather than the 16th. It sounds like Hitler's Germany, Mao's China, Khadaffi's Libya, Soviet Russia, Castro’s Cuba, and Bin Laden’s Al Quaeda. But it wouldn't describe the United States of America.

Lawyers help make the difference between a chaotic society and a civilized one governed by the rule of law. To "kill all the lawyers" would destroy the foundation of people who claim their constitutional rights must be fiercely advocated and their laws applied impartially and fairly. Putting it bluntly, a tyrant would rid society of attorneys when he wants to dispense justice according to his arbitrary sense of right and wrong, and fairness. In return, he promises heaven on earth. In this deal with the devil all you have to do is relinquish your freedom.

It has become somewhat fashionable today to claim that "the lawyers are too powerful", and "the lawyers have too much money", and "there are too many lawyers", and "the lawyers are destroying society and we must reform them". These exhortations remind us of another dictator in this century, Adolph Hitler, who used similar language, but different scapegoats, to grab and maintain his cruel power.

At RIZIK & RIZIK, we believe differently. While some criticisms of lawyers and the legal system are justified, we believe they have turned extreme and somewhat dangerous, because ours is an increasingly complex society demanding equally complex legal solutions. Our legal system is called upon to referee novel and complicated disputes, and plan for the future.

Extreme rhetoric bashing all attorneys is counterproductive. We believe a reasoned approach is consistent with our profession, and must be applied when finding an attorney to represent you. Further, in our society where specialization and division of labor increases efficiency and lowers the cost of doing business, lawyers have become part of the landscape of freedom we have inherited.

The Founding Fathers were so sure that our nation should be founded on laws applied impartially, they created one branch of government, the Judiciary, solely for lawyers, advocates of their clients’ positions.

RIZIK & RIZIK also believes that choosing an attorney requires the same time and knowledge as picking a doctor, buying automobile insurance, or entering into any big contract. Make the incorrect choice and you will remain dissatisfied no matter what you pay and regardless the outcome. Make the correct choice, and money is seemingly no object and the outcome will be right.

A. TRUST

The heart of any attorney/client relationship is trust. Generally indescribable, except to say you know it when you see it, trust involves honesty, confidence and faith ("In God We Trust"). Trust means comfort when anxiety is high -- face it, the usual reason you need an attorney is concern over a legal problem.

We believe reputation, track-record, results and appearances also go into trust.

If you don't have an attorney for a specific legal matter, how do you find one and develop the necessary trust relationship? The answer lies in using your family, friends, business contacts and known institutions of trust.

1. FAMILIES AND FRIENDS

Your family and friends are probably the best source of referral, especially if any of them has faced a similar legal problem. They are the people with whom you are closest and they more than anyone else have your best interests at heart. Family and friends will tell you the truth without the sugarcoating often accompanying a stranger's advice.

2. BUSINESS ASSOCIATIONS

Associations such as Mothers Against Drunk Driving, Compassionate Friends, the National Federation of Independent Businesses (NFIB) or Chamber of Commerce are excellent sources of information and referral. They attract attorneys and law firms who are interested in being of assistance to people and companies with similar interests. These organizations vet the attorneys and know the more reputable law firms.

3. BAR ASSOCIATIONS AND OTHER PROFESSIONAL ORGANIZATIONS

Various bar associations have referral lists of attorneys specializing in the legal problems you face. They'll probably give you three names to contact. (By the way, the "bar" in "bar association" is not a place to get a drink, although by some accounts they are intoxicating. The "bar" in a courtroom is the railing around which attorneys sit. To be "admitted to the bar" means to be able to sit with the other attorneys around the railing, tell “war stories” and practice law.)

If family, friends and associations cannot help you, go to the State Bar Association of Michigan, the official licensing agency for all Michigan lawyers. Another referral source is your local, county bar association, a voluntary group of local attorneys organized to share information and address mostly local legal concerns. Further, there are specialized bar associations composed of lawyers around a central theme, legal issue or ethnic grouping.

4. SOCIAL & SERVICE ORGANIZATIONS

If you belong to a social or service organization (e.g., Rotary Club, Lions, etc.), then it may have an approved referral list of attorneys. If it doesn't, other organization members no doubt can refer you to someone.

5. ATTORNEYS

If you already have an attorney addressing one set of legal issues, he or she would be a good source for a referral to another attorney for a different one. For example, your family attorney may specialize in estate planning and nothing else. The trust relationship already exists between you and him, so he would be a good start for finding an intellectual property lawyer.

Some attorneys, however, specialize in more than one area of the law. For example, a civil litigator is one who specializes in going to court. He may handle several different areas of the law while there. A corporate lawyer, on the other hand, may handle only “transactional” legal work, like drafting contracts. You need to inquire into the scope and depth of any attorney’s expertise.

6. JUDGES

Judges are chief paradigms of secular trust in the community. Give one a call for an opinion about your attorney or for a referral. He or she may be able to direct you to the appropriate resource to find an attorney. You'll be surprised how approachable a judge will be.

There are other referral sources, but these are a few examples to help you start looking.

B. VERIFY THE ATTORNEY'S CREDENTIALS

Once you have the names of potential attorneys, verify their credentials. Contact the Michigan State Bar Association to insure the lawyer's license to practice is valid, the date admitted to practice, and any specialization which may be on file. Also, check to see if the attorney has ever been sanctioned for unethical conduct.

C. CONTACT THE ATTORNEY

Once you have verified his credentials and have a general background, give him a call. Tell him briefly your problem and ask:

  1. if he handles or specializes in your type of legal matter. If so, how many similar matters has he handled, for how long has he, and how successful has he been?

  2. for character references;

  3. for a curriculum vitae (a.k.a., "C.V."; i.e., a resume or bio);

  4. whether he has malpractice coverage and how much;

  5. business and personal references; and,

  6. if the initial visit is free or involves a charge.


Follow up on the phone as you see fit. Then visit him with an eye toward observing the following:

  1. Is the office neat and clean?

  2. Is the office staff friendly?

  3. Is the attorney friendly, without being unctuous or patronizing?

  4. Does the attorney blow smoke in your face, literally?

  5. Does he display family pictures?

  6. Does the attorney display special awards he has received? If so, what are they for?

  7. Is the office up-to-date with computer technology?

  8. What magazines and other publications does he have in his lobby?

  9. You want a clear thinking attorney with stamina and stability, so ask about his marital status, if he smokes or drinks, and what he does to stay in good physical shape. You don’t want someone with problems that will interfere with your issues.


While the best answers to these don't guarantee the perfect lawyer, they tend to indicate good character--a central consideration to trust and competence.

D. INFORMED CONSENT

Ask about fees:

  1. What is the standard hourly rate/contingency fee?

  2. What is the estimate of costs and fees?

  3. Will you receive monthly computer billing statements to keep you abreast of costs and activities?

  4. When will costs and fees become due?

  5. If you are late paying attorney fees and costs, what action will the lawyer take to collect? Will he charge interest on the unpaid balance?

  6. How do the lawyer's fees compare with others in the community?

  7. Will the fee agreement be in writing, signed by the attorney and you, and will you get a copy?


Also Ask:

  1. if there will be regular meetings to update you on progress in your case;

  2. if you will receive copies of letters, pleadings and other important papers;

  3. how quickly the attorney returns phone calls;

  4. the alternate courses of action the attorney may take in bringing your matter to its proper conclusion;

  5. the probabilities of success or failure in your case (that is, "What is my case worth?); and,

  6. the potential risks, complications and foreseeable results of your case.


E. CONCLUSION

It is important when choosing an attorney to make sure you do your homework. However, when you are faced with an acute legal problem, you probably won't have time to go through all of the above. So, it is probably a good idea to begin checking these things out ahead of time to insure a higher level of comfort and lower level of anxiety when you need one.

Naturally we believe the attorneys and staff at RIZIK & RIZIK will handle most typical legal problems you face in our specialty areas (Please see the Home Page and our biographies).

So, instead of killing all the lawyers find a good one!