Civil lawsuits

If you need an attorney it is either for a criminal or civil case (all non-criminal). Attorneys specialize and this is the first and fundamental division to whom you should be working. If you are being tried for a concealed weapons charge you don't want an attorney that specializes in trusts and estate planing. And if you are in a contract dispute you don't want a criminal attorney.

If you are the defendant (the one being sued) then you are probably going to be paying by the hour for services. But for a big case it is sometimes possible to negotiate a flat fee for services until the job is done. This usually means paying the attorney up front but is worth discussing with the attorney.

If you are the plaintiff (the one suing another) and your case looks promising then your attorney may consider taking your case on contingency. This means that he/she gets a percentage of the gross settlement plus his expenses back when you win and collect from the judgment. If you lose the case the attorney gets nothing back.

A small percentage of attorneys representing a plaintiff on contigency will require the client to pay as you go for the expenses. This may be a warning sign for you. Perhaps the expenses are going to be very large (for example you need to hire several expert witnesses) but it may also mean that this attorney is not very well capitalized and simply can not afford to front the expenses(not a good sign).

Your agreement with your attorney will be memoriaized in writing via an enagement letter (which we will discuss further in other posts). And keep in mind that most of the terms and conditions (what percentage contingency you will pay for example) are open for negotiation. Most attorneys will tell you that this is their rate and their terms and take it or leave. But it is always worth asking and some attorneys will negotiate more than others. This is also the kind of advice that blogs and sites run by attorneys and law firms never seem to mention.