Choosing a Business Lawyer

After more than 15 years of practice, we have come to observe that even highly educated and successful business clients often fail to make decisions regarding their selection of legal counsel with the same prudent and thoughtful analysis as they would select a health plan or lease a copy machine. The problem, of course, is that all but the most sophisticated purchasers of legal services simply do not know the right questions to ask. Consider the following before hiring a trial lawyer for your business:

Does the attorney have the skill and experience necessary to handle your dispute?

Simply because an attorney has experience practicing law does not mean he or she has significant experience in handling the particular problem confronting your business. Likewise, even though a law firm might have an excellent reputation, the particular attorney to whom your case is assigned may still be inexperienced and unseasoned. Make sure you enquire about an attorney’s particular experience handling the type of situation for which you are considering the representation. Does the attorney understand the nature and nuance of your business or profession? How many cases has he handled? Does the attorney try cases or just settle them? In what courts does he or she handle cases? Will the attorney discuss the results he or she has obtained?

Will the fee structure meet your business’ needs?

The cost of obtaining legal services has been rapidly increasing for a number of years. Those of us in the legal profession are all too familiar with a common complaint of new clients that, “the last case cost more in legal fees than it would have cost to just pay the claim from the very beginning.” Effective representation should be efficient and cost-effective. Make sure that you compare the rates and charges of the attorneys you consider for the job. Is the attorney’s hourly rate competitive? Is the attorney willing to develop a litigation strategy that is consistent with your business’ budget? Will more than one attorney be billing you for services? If so, how does the firm safeguard against double billing? How can you be sure that you are not paying extra to train an inexperienced associate of the firm? Will he or she give you a written estimate of the legal fees and costs? Will the firm consider creative fee structures, such as contingent fees, flat fees and fee ceilings?

Will the attorney discuss a strategy and vision for the litigation before being retained?

Litigation is art, not science. Two competent attorneys can hear the same set of facts, yet develop completely different strategies for prosecuting or defending your case. Don’t hire a law firm and pay a retainer simply to obtain an evaluation of your case. You should be comfortable with the strategy your attorney intends to pursue before he or she begins to represent you. Do not retain a lawyer unless and until you are satisfied that he or she will prosecute or defend the case in accordance with your goals and vision of the case. Does the lawyer provide a free consultation? Does the consultation include a meaningful review of the substantive facts and discussion of the issues?

Can the attorney bring the case in the forum that best serves your interests?

Choosing the right forum in which to bring (or remove) your case can mean the difference between a positive and a negative result. Yet many attorneys will steer their clients to the forum that is most convenient for the attorney, not necessarily the best forum to maximize the client’s chances of success. The firm you hire for your business’ needs should be able to seamlessly practice in the federal and state courts where you do business. Is the attorney licensed in Pennsylvania and New Jersey? Does he or she routinely handle cases in federal court? Does he try case in Philadelphia and each of its surrounding counties in PA and NJ? Is he or she skilled in handling commercial arbitrations and alternative dispute resolution?