Frequently Asked Questions

A lawyer provides legal advice and counsel on behalf of someone involved in a legal dispute or legal issue. Also called attorneys or counselors, lawyers typically represent people before a governing body (such as a court) by conducting legal research, gathering relevant documents and witnesses, drafting written briefs, and presenting oral arguments.

To become a lawyer, a person must complete at least three years of intensive legal education and training, take and pass a rigorous state licensing exam (known as the “bar exam”), and pass a personal and moral fitness test.

Under a state’s bar admission, lawyers must uphold the law and protect the rights of their clients. In addition to actually knowing the law, particularly within their practice area, an attorney must communicate clearly with their clients, work competently to resolve their clients’ needs, and be ethical in performing their duties.

 

No. Lawyers must comply with a state’s bar admission requirements to practice law in that state. However, some states allow out-of-state attorneys to practice law if they have a certain amount of legal experience and receive approval from the state’s highest court. Sometimes attorneys may participate in specific cases in states where they lack a license to do so, referred to as a “pro hac vice” (or “for this one particular occasion”) appearance.

 

If you have not previously worked with a lawyer, you may have questions about what to expect from the process. This will vary according to the specific nature of your legal needs, but this page provides some general information on who lawyers are and what they do.

 

The cost of a lawyer will depend on the type of task that they are handling for you and on the fee structure that they are using. In some cases, a lawyer may charge a flat fee to handle a certain routine task, or they may charge a fee only if you win, which will be a percentage of the money that you receive from the case. Most commonly, though, they will charge according to the time that they spend on the case. You should be aware that your case may involve expenses beyond attorney fees, such as filing costs and travel expenses.

 

You will need to research the applicable law and court decisions in your state to determine if you have a good case. You may be able to do this on your own, or you may need to hire a lawyer to handle the research if the situation is complex. You should not assume that you can sue someone because they did something that was wrong, unfair, or morally questionable. This does not necessarily mean that they violated the law or your legal rights.

You should also recognize that whether you have a strong case and whether an attorney wants to bring your case may be two different questions. If the amount of money at stake is relatively small, an attorney may not want to devote their resources to bringing the case, even if you are likely to win. Common examples are when a business violates wage and hour laws that protect its employees or when a business violates laws meant to protect consumers. In these situations, you may be able to join similarly situated people in a class action, which makes the case more financially worthwhile for an attorney.

A lawyer can conduct legal research on your behalf and help prepare your case for trial if needed. This may involve collecting evidence, retaining witnesses, writing briefs, and arguing for you before a judge. If they are assisting you with a transaction, they can help you negotiate the deal in a way that protects your interests. Your lawyer should advise you on your rights and obligations, communicate with you clearly and promptly, and meet appropriate ethical standards. In addition to representing you zealously, they must follow applicable rules of court and respect judges and adversaries.

Most lawyers in the U.S. follow the client-centered model of representation, which means that the client has control over most or all of the major decisions in their case. The lawyer will devise strategies for reaching the client’s goals, but they cannot substitute their goals for those of the client. An example might be a personal injury case in which the attorney wants to settle, but the client wants to go to trial. Even if the attorney thinks that taking a settlement would be smarter, they cannot do this against the client’s wishes if the client rejects their suggestion

It depends on the situation and the breadth of service, since only lawyers may practice law. Paralegals, for example, can represent you in certain situations involving complaints against a government agency (such as a dispute over Social Security benefits). You may also represent yourself in court, hire a notary public, or work with law students (under the supervision of a lawyer) under certain circumstances.

 

The types of questions you ask may vary, depending on your situation, but here are a few suggestions:

What is your legal specialty?
How long have you practiced law?
How and how often do you bill?
Can you tell me whether I have a strong case without having to spend a lot of money?
How often will you update me on the status of my case?
What are my responsibilities as a client?

Lawyers often advertise their services, and you can typically find one in phone books and online directories. Visit FindLaw’s extensive lawyer directory to search for a lawyer by name, location, law firm, or legal issue.

 

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