Frequently Asked Questions

Frequently Asked Questions

Q: Should I try to find a lawyer near my location?
A: Not if the lawyer will come to you and not charge for travel time. Normally there is little need to meet the lawyer once you have hired him or her. Lawyers are in the service industry and should be willing to meet you at your office - at least for the initial meeting. Lawyers of wealthy clients are treated this way. With the prices lawyers charge, this service should be available in most circumstances where legal fees are expected to exceed $2,500.

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Q: Should I hire the least expensive lawyer I can find?
A: Yes, if the skills, experience, and support tools available to the lawyer are the same. Through Internet subscriptions, even sole practitioners can have the research resources formerly available only to the largest law firms. Ask the lawyer what library resource are at his or her disposal. Ask whether there is a separate charge for online research.

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Q: Is the lawyer with the lowest hourly rate less expensive?
A: Not if the lawyer is inefficient or does not have expertise with your legal issue. Often a more experienced lawyer with a higher hourly rate will cost less overall than a young lawyer with a lower rate. Beware of law firms that have your legal work done by associates. Often the associates must bill a minimum number of hours and could bill your file just to meet their assigned billing quota.

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Q: How much money must be at risk before I hire a lawyer?
A: Usually it takes the same amount of legal work to handle a $100 problem as a $100,000 problem. Most law offices must perform elaborate procedures to take on a new client. There are conflict checks and the work required to set up the file and the electronic database. Many law firms expect a new file to be worth over $5,000 in billing. An alternative is to have a lawyer on a retainer agreement. See "Retaining a Lawyer" below.

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Retaining a Lawyer

Q: Should I retain a lawyer?
A: If your are likely to need a lawyer every year or so, if could be a good idea to have a lawyer or law firm on a retainer agreement. That way, your file is already established at the firm and you can call for advice at an hourly rate. It is helpful to have a lawyer on call who knows you and your situation. It is often difficult to educate a lawyer quickly in an emergency. See Tollefsen Law Office PLLC retainer policies.

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Q: What is a retainer?
A: A pure retainer is a fee paid to a lawyer or law firm to be available to represent you. Some retainer agreements include a contracted amount of work per year. Others charge normal fees in addition to the retainer. Others are hybrid and can be designed to meet your objectives.

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Q: How much does a retainer cost?
A: Costs vary widely depending on the reputation of the lawyer and market conditions.

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Fraud Questions

Q: What is "fraud?"

A. Fraud is the technical term for a legal cause of action that is difficult to prove because it has nine elements. More information on the definition of fraud.

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Q: I was cheated. Should I sue for fraud?

A. Usually there is another cause of action available that is easier to prove. Consumer protection and securities fraud cases have fewer elements to prove which have been defined by statute. More information on litigation.

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