John F. Phillips, Esq.
John F. Phillips, Esq., an attorney in Fort Lauderdale, Florida, with 30 years of experience primarily in civil litigation. He is coauthor of How & When to Sue Your Lawyer (Square One).
Some lawyers stretch the truth with clients and prospective clients. If your lawyer or a lawyer you’re considering hiring tells you any of the following, it’s reasonable to wonder whether he/she is being totally honest and whether you should recheck his background or even go elsewhere…
What to do: Before you hire an attorney, look him up on the Martindale-Hubble Web site (www.Martindale.com) or the state bar association’s site. These should list his actual areas of practice, background and training.
What to do: Get the attorney’s direct e-mail address, but don’t contact him unnecessarily. While attorneys are notoriously bad at taking clients’ calls, most do respond fairly promptly to e-mails. Communicating with your attorney via e-mail also creates a virtual paper trail, which could come in handy if the attorney botches your case and you pursue a malpractice suit against him.
What to do: If your attorney has moved slowly throughout your case, ask him to e-mail you a copy of the documents that he says he has filed. If he hesitates, it could mean that he hasn’t really completed the paperwork yet. Contact the court clerk’s office to confirm that the documents are on the docket sheet. Some state and county courts now make it possible to check docket sheets online.
What to do: The executor of the estate should ask an attorney how much he charges for probate services and try to negotiate before hiring him.