             An Older Person's Guide to Finding Legal Help

                   Legal Counsel for the Elderly, Inc



Do I Need a Lawyer?. . . . . . .  . . . . . . . . . . . . .1
What Is "Elderlaw"?. . .  . . . . . . . . . . . . . . . . .3
Do I Need an Elderlaw Specialist?. .. . . . . . . . . . . .4
How Do I Find a Lawyer?. . . . .. . . . . . . . . . . . . .6
Is Free or Reduced-Cost Legal Help Available?. .  . . . . .7
What Questions Should I Ask before I Meet with a Lawyer?  11
Why Should I Interview a Lawyer? . .. . . . . . . . . . . 11
What Should I Look for during the Interview? . .. . . . . 12
What Factors Should I Consider in Choosing an Attorney?.. 14
What Types of Fee Arrangements Are Most Common?. .. . . . 15
Are There Ways to Reduce My Attorney Fees? . . . .  . . . 17
What Should My Involvement Be after I Hire a Lawyer? .  . 20
Resources  . . . . . . . . . . . . . . . . . . .. . . . . 25
Appendices     (1) Legal Help (Table) . . . . . . . . . . 27
               (2) Statewide Legal Hotlines . . . . . . . 29
               (3) Glossary . . . . . . . . . . . . . . . 31


INTRODUCTION


The task of finding the right legal help can be a daunting one. Surveys
confirm that people use a variety of approaches to resolving legal
problems. Some choose to take no action (some noting that the cost of
taking action is greater then the benefits of taking the action). Others
seek assistance from government agencies (such as consumer protection
bureaus or the ombudsman program), attorneys or other professionals.
Still others decide to represent themselves. The choice is up to you and
will vary based on your personal situation, resources and the type of
problem at hand. A recent survey conducted by Temple University for the
American Bar Association noted, in part, that among moderate-income
households just over half (56%) of those who who identified themselves
as having a legal need sought help from an attorney or some type of
hearing body. Forty-four percent chose other approaches.

This guide is designed to offer tips on the broad range of choices--from
representing yourself to locating free or low-cost legal representation
to finding an attorney specializing in "elderlaw." The guide offers
practical information on the public and private resources available to
you as well as tips on reducing the costs of obtaining legal help. No
matter which option you choose, the premise upon which the following
dozen questions are based is that you are the decisionmaker and that the
more information you have about the law and your case, the better
prepared you will be to conduct or oversee the legal work needed.

Choosing the appropriate legal help or attorney for you is a highly
individualized matter. No single set of criteria will work for everyone.
We hope that the questions and tips that follow will provide a useful
general framework for your search.

                         Ayn H. Crawley
                         LCE Elderlaw Support Projects


This manual was developed and published by Legal Counsel for the
Elderly, Inc. (LCE), which is sponsored by the American Association of
Retired Persons (AARP).

The opinions expressed herein are those of the author, and should not be
construed as representing the policy or position of LCE or AARP. No
official endorsement of these materials should be inferred.

ISBN 0-933945-124

First Printing November 1994
Printed in the United States of America

Editor:               Cissie Coy
Research:           J. Peter Nawyn
Cover Design:       Donna Barker
Word Processing:    Keila A. Taylor



FINDING LEGAL HELP

Finding good legal advice and making sound decisions now, can help
prevent difficult and costly problems in the future. As is true when
purchasing any product or service, it is important to be a smart
consumer. The following 12 questions may help you to be a smart legal
consumer.

1. Do I need a lawyer?

Lawyers can assist you in resolving disputes or asserting your rights;
however, there may be many ways in which you can resolve a matter
without the specialized assistance of a lawyer. A number of legal
problems may be solved without having to hire a lawyer. In deciding
whether to hire a lawyer, you should consider the following:

Is the matter a complex legal issue or one that is likely to go to
court?

Is a form or self-help book available that you can use instead of hiring
a lawyer?

Is a large amount of money, property, or time involved?

Are there any nonlawyer legal resources available to assist you?

On one hand, for example, the preparation of a trust or a guardianship
proceeding is generally complicated and requires the assistance of a
lawyer. On the other hand, many sources (including AARP/LCE) can provide
you with a living will form appropriate for your state as well as
information on how to complete the form. Your local bank can assist you
in setting up a joint bank account, while your local long- term care
ombudsman can help you in resolving a complaint with a nursing home. You
can locate your ombudsman through your local office on aging.

Many legal problems can be resolved through letter writing or a
negotiation session. Alternatives to hiring a lawyer include direct
negotiation on your own behalf, mediation, arbitration, using the
assistance of a government agency (such as consumer protection), and
small claims court. In addition, legal self-help manuals and seminars
may give you the tools to handle some or all of the dispute on your own.
You may also want to consider hiring an attorney to review papers or
provide advice rather than seeking full representation.

Negotiating on your own behalf can be the solution to many minor
disputes. There are many books on the general topic of negotiation.
Before negotiating a problem, you can explore the potential legal issues
by calling a legal hotline or consulting other sources of information.


Practical Tips on Negotiating on Your Own Behalf

Keep an open mind and listen carefully to the other side.

Stay calm.

Write up a list of what you want and a separate list of what you would
be willing to settle for.  Consider your other options as you review the
list.

Try to talk to the other side.  If you reach an agreement, put it in
writing.

Write a letter if a discussion does not solve the matter.  Describe the
facts and the settlement (action or payment) you feel is reasonable.
Include a date by which you seek a response.  A reasonable letter may
encourage the other side. Remember that the letter may be used as
evidence if the case goes to court.

Dispute resolution centers have been established in almost all states.
The American Bar Association's Section on Dispute Resolution estimates
that there are currently more than 450 community dispute resolution
centers and more than 1,200 court- related dispute resolution programs
throughout the country. While the centers vary, most specialize in
helping to resolve problems in the areas of consumer complaints,
landlord/tenant disputes, and disagreements between neighbors or family
members. The names, services, and fees (if any) of the centers vary from
place to place, but they generally use two different processes to
resolve problems: mediation and arbitration. Mediation involves a
neutral person who assists the two sides to discuss their differences
and possibly reach an agreement. In an arbitration, the neutral third
party conducts a more formal process and makes a decision (usually
written) after listening to both sides. When both parties are agreeable,
using a dispute resolution center (sometimes called a community justice
center) or a private mediation center can be a low-cost alternative to
bringing a suit in court or hiring an attorney to represent you in a
negotiation. In some areas, the court itself may refer certain types of
cases to a mediation program.

Small claims court may be appropriate if you have a monetary claim for
damages within the limits set by your state (usually $1,000 to $5,000).
These courts are more informal and involve less paperwork than regular
courts. The filing costs are usually low and the system is often faster
than the other courts. If you file in small claims court, you should be
prepared to act as your own legal advocate, gather the needed evidence,
research the law, and present your story in court.


Should You Choose Small Claims Court?

Check the many "how-to" books in the library for general information.

Check with the clerk in the small claims court, local consumer agency,
or legal aid office for more information in your area.

Are you willing to collect information and do research on your own?

Is there a time limit on when you must file suit?  Ask the small claims
court clerk or look it up in your local law library.  You must file your
case before this time limit (usually within a year).

Are you able to prove that the person against whom you are making the
claim owes you money? You must be able to prove legal liability and that
you have suffered a financial loss as the result of someone else's
action.


2. What is "elderlaw"?

The term "elderlaw" is a relatively new one. Over the past decade, the
legal profession has begun to recognize a cluster of specialized legal
areas as being particularly important to older persons. Elderlaw
encompasses traditional areas of legal practice such as estate planning
and probate, as well as public benefits such as Medicare and Social
Security, and issues such as planning for long-term care placement and
health-care decisionmaking. Some attorneys have begun to identify
themselves as elderlaw specialists. Most of these attorneys do not
specialize in all of the areas covered by the broad term elderlaw
(described below) and therefore you should ask which areas a particular
attorney handles. Many of the attorneys who specialize in the elderlaw
area are also familiar with the networks of other professionals (such as
ombudsmen, social workers, geriatric care managers, or other elder care
professionals) who can provide related services to older persons. They
may also be trained in the mental and physical effects of the normal
aging process.

The broad range of legal areas covered by "elderlaw" includes:

Estate planning including the management of an estate during the
person's lifetime and planning how the estate will be divided upon the
person's death through wills, trusts, asset transfers, tax planning, and
other methods.

Long-term care planning including nursing home issues such as quality of
care, admissions contracts, prevention of spousal impoverishment, and
resident's rights. It also includes life care or retirement community
issues such as evaluating the proposed plan/contract.

Retirement issues including Social Security (retirement and disability
and survivors' benefits) and other public pensions (veterans, civil
service) and benefits as well as private pension benefits.

Health care issues including Medicare, Medicaid, Medigap insurance, and
long-term care insurance.

Housing issues including home equity conversion and age discrimination.

Planning for possible incapacity through choosing in advance how health
care and financial decisions will be made if you are unable to do so
(methods include durable powers of attorney, health-care powers of
attorney, living wills, and other means of delegating the
decisionmaking). The attorney may also be able to advise on
conservatorship and guardianship proceedings in the event that the elder
has not planned for incapacity.

Age discrimination issues including bringing cases under the Age
Discrimination in Employment Act.


3. Do I need an elderlaw specialist?

Not surprisingly, the answer is that it depends on your situation. If
you already have a good working relationship with an attorney, discuss
your particular legal needs with that attorney. Ask about your lawyer's
experience in the issues typical of elderlaw. If the attorney is
experienced in the areas of most concern to you, it is unlikely you will
wish to go elsewhere. If the attorney is unfamiliar with elderlaw
issues, ask the attorney for a referral.

In the medical profession, graduates of medical school all go on to
specialized training and can (clearly) hold themselves out as
specialists in a particular field of medicine; however, in the legal
profession, the issue of specialization is not as clear-cut.
Nevertheless, the American Bar Association has recently authorized the
National Academy of Elder Law Attorneys Foundation to conduct special
examinations leading to a specialization in elderlaw.  The specialty
certification process is very new for the legal profession so not many
lawyers have been certified.  Many attorneys who identify themselves as
elderlaw specialists join groups such as the National Academy of Elder
Law Attorneys and seek specialized training in the legal areas mentioned
earlier.

Another reason you may want to seek out an elderlaw specialist is
because finding the best solution for you in a given situation is likely
to involve a variety of other professionals such as physicians, home
care agency workers, geriatric care managers, bank officers, and
long-term care ombudsmen.  An attorney familiar with this network can be
very helpful. If needed, the attorney can act as a legal representative
(fiduciary) if a client becomes incapacitated. Elderlaw specialists may
work closely with financial planners, social workers, or geriatric care
managers. This can be an advantage for many clients as a number of
elderlaw issues involve both legal and nonlegal solutions.

Today most lawyers limit their practices to a few areas such as domestic
relations, criminal law, personal injury, estate planning and probate,
real estate, or tax issues. Even attorneys who list themselves as
elderlaw specialists are unlikely to be expert in all the areas detailed
under the elderlaw heading in the second question. It is always
necessary to look for someone with the appropriate technical expertise
and experience regardless of how the lawyer identifies himself or
herself.

Finally, within the larger legal community there are relatively few
attorneys who specialize in elderlaw. Choose the best legal expert for
your needs, whether or not the attorney identifies herself or himself as
an elderlaw specialist. Legal expertise is expensive and it is worth
taking time to decide what role you want your lawyer to play and what
skills you believe an attorney should have to fulfill that role.


4. How do I find a lawyer?

Once you have decided you need a lawyer, it is a good idea to shop
around. The first step is to compile a list of names. The recommendation
of someone whose judgment you trust is an excellent place to start your
search. You may want to begin by asking relatives, friends, clergy,
social workers, or your doctor for recommendations. Often those persons
can refer you to someone who has provided similar legal services for
them. Remember that you need to know more about the lawyer than simply
that the person is a good attorney. Ask the persons making the
recommendation for specific information about the type of legal help the
lawyer provided them and how their case was handled.



The following resources may assist you in your search for an attorney:

Bar Association Referral Lists

Many state and local bar associations maintain lawyer referral lists
organized by specialty. You can consult the lawyer referral service for
the name of an attorney who specializes in the type of case you have.
Keep in mind that the referral is not a recommendation nor does it
guarantee a level of experience. Bar associations may charge
participating lawyers and law firms a fee to be included on the referral
list. Also, many bar associations have committees that conduct training
or public service work for the benefit of older people. An attorney
serving on one of these committees could have the expertise you are
looking for. Check the white or yellow pages (under "Lawyers") of the
telephone book for the number of the state or local bar association.


Other Sources

The National Academy of Elder Law Attorneys (NAELA) is a nonprofit
professional association of attorneys specializing in legal issues
affecting older persons. NAELA is not a legal referral service; however,
it does sell a registry listing over 350 member attorneys nationwide
($25 including shipping and handling).

               National Academy of Elder Law Attorneys
               1604 N. Country Club Road
               Tucson, Arizona  85716
               (602) 881-4005

There are also a number of lawyer directories. Two of the larger
directories are likely to be available at your local library. The
Martindale-Hubbell Law Directory lists 600,000 American and Canadian
lawyers alphabetically by state and by categories. Each entry has a
biography, which includes information on each lawyer's education,
specialty, law firm, and the date of admittance to the bar. It also
includes a "rating" based on information supplied by fellow lawyers. It
does not include a rating by clients or judges. The Who's Who in
American Law directory lists about 24,000 lawyers and includes
biographical notes. This directory is somewhat difficult to use as the
lawyers are listed alphabetically rather than by state or specific area
of expertise.

Many communities also have other lawyer referral services to assist
people in finding a lawyer. Often the services are for specific groups
such as persons with disabilities, older persons, or victims of domestic
violence. Groups that may be good sources for a local referral include
the Alzheimer's Association and other support groups for specific
diseases, Children of Aging Parents, the Older Women's League, the state
civil liberties union local social services agency, or the local agency
on aging. Other referral services may be run by groups of attorneys
specializing in a certain area. Some services may screen the lawyers who
wish to have referrals in a particular area. If you use a referral
service, ask how attorneys are chosen to be listed with that particular
service. Many services make referrals to all lawyers who are members
(regardless of type and level of experience) of a particular
organization.

Lawyers are permitted to advertise within specific guidelines. You will
be able to gather some useful information from the publicity, however,
like advertisements in general, you should always be careful about what
you read or hear. Many advertisements for attorneys specializing in
certain areas of the law (such as personal injury or medical malpractice
in which there may be substantial fees) offer free consultations. Other
advertisements may list a set fee for a particular type of case. It is
always a good idea to investigate further and to comparison shop. Many
attorneys who do not advertise may also provide free consultations or
offer set fees for a certain legal problem. Also, keep in mind your case
may not be a "simple" one and set fees are usually for routine,
uncomplicated cases.

In addition, the court and your banker may be good referral sources.
Finally, the telephone book often lists lawyers according to their
specialties.

5. Is free or reduced-cost legal help available?

There are a number of options for finding affordable legal help.
Federally funded legal services programs exist in every state and there
are pro bono or reduced-fee attorney panels and legal hotlines in a
number of states.


Free Legal Help for Older People

The Older Americans Act (OAA) requires your state office on aging to
fund a local Area Agency on Aging (AAA) program that provides free legal
help on noncriminal matters to people age 60 and over. Each of the over
644 local AAAs sets aside funds to provide free legal assistance for
those older persons who are in the greatest social and economic need. In
many states, the AAAs contract with the Legal Services Corporation (LSC)
funded programs described below. They may also set up their own programs
or contract with private attorneys to provide legal services to older
persons.

OAA legal services advocates provide representation in court or at
administrative hearings, community education, and self-help
publications. The OAA programs offer other types of assistance and
services as well. For example, an advocate may assist an older person
with a food stamp appeal and arrange for transportation to a nutrition
site. The OAA legal services programs do a great deal of outreach to the
community. Some attorneys spend as much as half of their time speaking
at senior centers or visiting people in their own homes.

There are no income guidelines that clients must meet in order to
qualify for services. However, the legal services provider and the Area
Agency on Aging may set priorities about the preferred type of
representation, such as obtaining government benefits, and may not be
able to provide help in cases the agency considers to be a lower
priority.

Cost:                    No cost to eligible clients.

Eligibility & Access to Service:  OAA legal services providers handle
civil (not criminal) matters for persons age 60 or older regardless of
income. Local offices set priorities for the types of cases they will
handle. Not all cases can be handled.

Locating Local Agencies:  Agencies providing free legal help to older
persons can be identified by calling your local Area Agency on Aging
listed in the government section of the telephone directory.

A national directory of OAA legal services providers (entitled Law &
Aging Resource Guide) lists a state-by-state breakdown of the addresses
and phone numbers of each office and is available from the American Bar
Association Commission on Legal Problems of the Elderly, 1800 M Street,
NW, Suite 200, Washington, DC 20036, (202) 331-2297.  Single state
profiles are free. A complete copy of all state profiles is $20.

Legal Aid Offices (free help to low-income people of all ages)

There is also a nationwide network of legal aid offices (or legal
services) that receive federal funds to provide free legal help to
low-income people of all ages. The Legal Services Corporation (LSC) is a
quasi-governmental entity that receives an annual appropriation from the
U.S. Congress and funds 324 legal aid programs throughout the country.
LSC legal aid programs are designed to provide free legal services to
persons with low incomes, including many older persons.

The legal help provided by LSC-funded programs is substantially the same
as that provided by the OAA-funded programs and, in many cases, is
provided by the same office. Staff advocates provide representation in
court or at administrative hearings, community education, legal clinics,
and self-help publications, as well as helping client groups in the
community such as tenants groups. Many offices also conduct outreach
programs to assist persons in nursing homes, mental hospitals, or others
who cannot easily reach the legal aid office. The legal services offices
have staff who specialize in issues related to older people, such as
Medicare, Medicaid, Social Security, and other public benefits.

There are income and asset guidelines that you must meet to be eligible
for LSC-funded programs. The office can readily explain these
eligibility requirements to you. As mentioned above, some of these
offices also receive special Older Americans Act funding, and can
provide help to people 60 years of age and over, regardless of income or
assets.

Cost:               No cost to eligible clients.

Eligibility & Access to Service:  Legal aid offices handle civil (not
criminal) cases for persons with income below 125% of the federal
poverty guidelines ($12,300 for a couple in 1994). Local offices set
priorities and not all cases can be handled. In some cases (such as
abuse), the income guidelines may be waived.

Locating Local Agencies:  You will find these agencies in your telephone
book under "legal aid" or "legal services" offices or by calling your
local bar association. Before making an appointment, call to make sure
that the services are free. Be aware that some private attorneys have
opened clinics that use the same type of name but don't provide free
services.

Also, the National Legal Aid and Defender Association publishes an
annually updated national directory that lists the addresses and phone
numbers of all LSC-funded legal services offices, by state and county.
The guide can be obtained by writing to: NLADA Directory, 1625 K Street,
NW, Suite 800, Washington, DC 20006, (202) 452-0620. The cost is $30.

Pro Bono or Reduced-Fee Attorney Panels

Most legal aid offices and some bar associations have started special
pro bono panels (pro bono refers to free legal help that private
attorneys provide as a public service). In addition, some private
attorneys are willing to reduce their fees if a client's income is low.
The panels discussed in this section are the listings of the private
attorneys willing to offer some free or reduced-fee legal services. The
panels do not employ the attorneys but simply work to connect the
attorneys willing to offer services with the clients who need them.

Cost: Reduced-fee panels provide legal help at a cost less than the fee
that the private attorney "usually" charges for a case of the same type.
The exact fee varies based on locale and the individual attorney's fee
schedule. Attorneys who agree to handle a case pro bono will not charge
for their services although there may be court costs and other costs
associated with the case.

Eligibility & Access to Service:  Many local bar associations have lists
of attorneys who volunteer for either reduced-fee panels or for pro bono
cases. Some have special panels for elderlaw cases. In many instances,
the local legal services programs (LSC and OAA) are part of this
network. The legal services programs identify cases of persons who
exceed financial guidelines or whose cases they are otherwise unable to
handle. The cases are then referred to pro bono or reduced-fee panels.
Since the OAA and LSC legal services programs often must first screen
the cases for the pro bono or reduced- fee attorney panels, contact with
the legal aid agency is often a good way to identify a program in your
area.

Locating Local Sources:  Local legal aid offices and bar associations
are usually listed in the yellow (under "Lawyers") or white pages of the
telephone book.


Legal Hotlines

Some areas offer special legal hotlines for call-in advice. Often this
telephone advice service is sponsored by bar associations and has
limited hours or covers limited geographical areas. Sometimes the
hotline may be offered for a limited time such as on Law Day, May 1.

The federal government's Administration on Aging (AoA) sponsors
statewide legal hotlines that provide legal advice to all persons age 60
or older, regardless of income or the nature of their problem. The
hotlines are staffed by attorneys who give advice, send pamphlets, or
make referrals to special panels of attorneys or to legal services
programs.

Cost:  Most (including the AoA-funded hotlines) do not charge for the
advice given. Cases which require additional work are referred to
private attorneys or legal services programs (individual hotline
policies will vary).

Eligibility & Access to Service:  Open to all persons age 60 or older.
The services exist only in limited areas of the country. See Appendix 2
for a listing of the statewide legal hotlines as of the date this guide
was published. Plans are underway to expand to other states.

Locating Local Agencies:  See the listing in Appendix 2 or call your
local bar association or Area Agency on Aging.


6. What questions should I ask before I meet with a lawyer?

One way to start the process of hiring a lawyer is to call several
lawyers to whom you have been referred or about whom you have heard.
There are some preliminary questions that you can ask the lawyer or a
staff person before committing yourself to a consultation. The answers
will help you choose the two or three lawyers you wish to interview.
Since this is only a preliminary telephone conversation, ask questions
that can be answered briefly, such as those listed below:

Will the lawyer provide a free consultation for the initial interview on
this matter?

How long has the lawyer been in practice?

What percentage of the lawyer's cases are similar to your type of legal
problems?  (A lawyer with experience in handling cases like yours should
be more efficient and knowledgeable, and that may save you money.)

Can the lawyer provide you with any references, such as trust officers
in banks, other attorneys, or clients?

Does the attorney represent any special-interest groups, such as nursing
homes or senior citizen groups?

What type of fee arrangement does the lawyer require? Are the fees
negotiable?

What type of information should you bring with you to the initial
consultation?


7. Why should I interview a lawyer?

Whether you are seeking a lawyer for a one-time case or to assist you
with a variety of matters over a period of years, you will be sharing
details of your life and relying upon this person's expertise and
advice. Since this person will be acting on your behalf, it is critical
that you feel comfortable with your attorney and have confidence that he
or she will hear your concerns in an atmosphere of mutual resect. A
personal interview is the best way to make this judgment.

Plan to follow up your exploratory phone calls by scheduling interviews
with at least two of the attorneys. Don't feel embarrassed about
selecting only the best candidates or cancelling appointments with some
of the attorneys after you complete all of your exploratory calls.


8. What should I look for during the interview?

Come prepared with a brief summary of your immediate case (including
dates and facts) as well as a list of general questions for the
attorney. The purpose of the interview is twofold:  to decide if the
attorney has the necessary experience and is available to take your
case; and, to decide if you are comfortable with the fee arrangement
and, most importantly, comfortable working with the attorney. Since this
a free consultation, it may not be a lengthy one.  Be concise and
approach the interview in a businesslike manner. Be prepared to take
notes, to listen carefully to the attorney, and to observe the office.

Bring to the interview:
     a brief, written summary of your case;
     a list of questions for the attorney;
     cards or a small notebook;
     a pen/pencil for notes;
     copies of any notices you have
     received.

IN ADDITION TO ANY UNANSWERED QUESTIONS FROM THE TELEPHONE CALLS, YOU
MAY WANT TO CONSIDER THE FOLLOWING QUESTIONS:

How long has this attorney worked on cases like yours?

Based on your brief description of the problem, ask about the range of
outcomes you could expect (rough estimate of length of time, cost for
legal services, and size of the award if any). Ask if the case is likely
to be settled or will it go to trial.

Remember that there are many factors in how a case is decided. Be wary
of any ironclad promises that you will win.

Ask for an opinion as to the strengths and weaknesses of a case like
yours. This should be based on your lawyer's experience with similar
cases.

Ask who will be working on your case. Will this attorney be doing all of
the research, case preparation, negotiation, and court work or will
associates or non- attorney advocates be handling parts of it? What are
the experience and expertise of these other advocates? Will other
experts including attorneys be consulted?  If so, who will they be? If
others will work on the case, what will the fee arrangement be?

These questions are particularly important to ask of attorneys
practicing in large law firms where work is often delegated to
associates and/or paralegals.

Ask about fees and expenses. These are not the same. An attorney's fee
is the payment you make for the attorney's time. Expenses refer to a
variety of other costs including witness fees, filing costs, copying,
messenger service, etc. (See the question on fees below.)

Will the attorney work out a written fee agreement with you? (The
specifics of the arrangement should be in writing.)

How often will the attorney bill you?  Is a retainer required?

Decide what type of involvement in the case you want and ask if the
attorney is comfortable with that. (See the questions below on client
involvement and cutting costs.)

What hours will the attorney be available for meetings?  This may be
particularly important if you must leave work to meet with the attorney.
Will you meet in the evening or on weekends?  Will the attorney make
house calls or visit a nursing home if needed?


OBSERVE HOW THE ATTORNEY RESPONDS TO YOUR QUESTIONS.

Does the attorney seem organized (take notes, etc.)?

Does the attorney respond openly and directly to your questions?

Does the attorney provide you with written background material on the
topics of interest to you?

Are the attorney's explanations clear?


FINALLY, OBSERVE THE PHYSICAL SURROUNDINGS AND OFFICE STAFF.

Is parking or public transportation easily available?  Would you feel
secure coming alone?

If you are seeking a long-term relationship or currently are
experiencing disabilities, consider the following:

             - are there many steps to the office?

             - are the chairs comfortable and easy to get out of?

             - are the forms printed in large enough type to read or is
               a magnifying glass offered?

             - is it difficult to hear what is going on due to excess
               noise?

             - do you look into the glare of the window as you face the
               attorney?

             - most importantly, if you mention problems, is the staff
               responsive to your needs?

        Does the office staff appear to be helpful?

Do people identify themselves on the telephone so you know to whom you
are speaking?

Does anyone explain the relative roles of different people with whom you
may be dealing?


9. What factors should I consider in choosing an attorney?

After the interviews, review your notes. Look at the strengths and
weaknesses of each of the attorneys you interviewed. Decide what is most
important to you. Factors to consider in choosing an attorney include:

Cost - Cost is rarely a deciding factor unless it is a simple case which
will take little time and that is the only contact you plan to have with
the attorney. However, it is always critical that you feel comfortable
and knowledgeable about the financial arrangement. Disputes over fees
are one of the most common conflicts between unhappy clients and
attorneys.

Experience - Does the attorney have the necessary experience for the
case you have?  For a simple will a relatively new attorney may be a
cost-effective choice. However, for a complex estate plan you are likely
to prefer someone with more experience. The higher fee is likely to be
balanced by not having to pay for the attorney to learn on the job.


Availability - Can the attorney accept the case immediately?  Will the
attorney be able to devote the time you want to the case?  This is
particularly important if you prefer a lot of interaction with your
attorney.

Your Comfort Level/Mutual Respect - It is important not to choose an
attorney simply because you share an interest in common or you are
impressed by the firm's reputation. You should be satisfied with the
expertise of the people actually working on your case. Will you trust
them enough to tell them private matters (relevant to the case) that you
may not have shared with others?  Do you believe the attorney treats
your ideas and opinions with respect?


10. What types of fee arrangements are most common?

Fees are one of the least discussed parts of any legal case yet are
often of primary importance to both the client and the lawyer.
Frequently fees are not discussed early enough, candidly enough, or in
enough detail. Why? Generally, because the discussion can be
uncomfortable for both the client and the attorney. Becoming
knowledgeable about the types of fee arrangements can help you to feel
more comfortable about this essential part of hiring an attorney.

The market rate for any given legal service is generally a range of fees
which varies by locality. A "fair" fee is an individual decision and is
likely to be based on the following factors:

     (1) How much can you afford?
     (2) Is it a routine matter or does it require special expertise?
     (3) What is the range of attorney rates for this type of case in
         your area?
     (4) How much work can you do on the case?

The type of fee arrangement that you make with your lawyer will have a
significant impact on how much you will pay for the services. There are
several common types of fee arrangements used by lawyers:

Flat fee

The lawyer will charge you a specific total fee for your case. Ask if
photocopying, typing, and other out-of-pocket expenses are covered by
this flat fee. Often the total bill is the flat fee plus these out-of-
pocket expenses. A flat fee is usually offered only if your case is
relatively simple or routine. While lawyers will not set a flat fee for
litigation, they can usually give a good estimate of the costs at each
stage.

Hourly rate

The attorney will charge you for each hour (or portion of an hour) that
he or she works on your case. If your attorney's fee is $100 per hour,
and he or she works ten hours, the cost will be $1,000. Some attorneys
charge a higher rate for court work and less per hour for research or
case preparation. If you agree to an hourly rate, you need to know how
much experience your attorney has had with your type of case. A less
experienced attorney will usually require more time to research your
case, however, he or she may charge a lower hourly rate. Large law firms
usually charge more than small law firms and urban attorneys often
charge more per hour than attorneys practicing in rural areas.

Again, you should ask what is included in the hourly rate. If other
staff such as secretaries, messengers, paralegals, and law clerks will
be working on your case, how will their time be charged to you?  Costs
and out- of-pocket expenses will usually be billed in addition to the
hourly rate.

Contingency fee

Under this arrangement, the attorney's fee is based on a percentage of
what you are awarded in the case. If you lose the case, the attorney
does not get a fee, although you will still have to pay expenses. The
contingency fee percentage varies and some lawyers offer a sliding scale
based on how far along the case is when it is settled. A one-third fee
is common.  Also, ask whether the lawyer will calculate the fee before
or after the expenses. This can make a substantial difference, since
calculating the percentage of the attorney's fee after the expenses have
been deducted increases the amount of money you receive.

        Fee Paid            Fee Paid
     Before Expenses          After Expense s

      $100,000   award         $100,000   award
     -  33,333   fee*          - 20,000   expenses
        ------                   ------
      = 66,667      vs.        = 80,000
      - 20,000  expenses       - 26,666   fee*
          ------                    ------
      =$46,667 client's        =$53,33 4 client' s
               share                     share

This type of fee is usually found in personal injury cases, accidental
claims, property damage cases, or other cases where a large amount of
money is in contention.

Referral fee

On occasion, an attorney who has accepted your case may refer you to
another attorney who is more experienced. Sometimes the first attorney
will ask for a portion of the total fee you pay for the case. This
"referral fee" may be prohibited under state codes of professional
responsibility unless certain criteria are met. The criteria are likely
to include the stipulation that client fees can only be split if each
attorney does some work, the client knows about the arrangement, and the
total fee is reasonable.  You may contact the state bar association with
questions about the appropriateness of fee arrangements.

Again, regardless of the fee structure you and your attorney agree upon,
the specifics of the agreement should be in writing.


11. Are there ways to reduce my attorney fees?

Yes. Remember that it is your case and that the attorney is an expert
who is assisting you to resolve a problem or prevent a potential
problem.


A Lawyer's Fee May Be Negotiable

Despite the importance of fees to both parties, consumers rarely choose
a lawyer based on price, yet it is important to remember that a lawyer's
fees are often negotiable. Your lawyer is unlikely to invite you to
bargain over fees. However, there are some common-sense tips to consider
that may allow you to negotiate without outright negotiation. For
example, smaller firms usually charge less than larger firms. If your
case is interesting or novel or extremely lucrative, an attorney may be
willing to negotiate. If the firm is actively seeking more work or is
new to your locality, it may handle a case for less as a way to build
its caseload.

There are two general situations in which you may wish to raise the
issue of lower fees. First, if your case has the possibility of
significant attorney's fees, you are likely to be in a strong position
if you are willing to shop around and to negotiate.  It's wise to
negotiate, for example, in personal injury cases. Most lawyers will
propose a standard contingency fee for usually one-third of any damages
that they win for you, nothing if they lose. Bear in mind, the
contingency fee is designed to cover the risk the lawyer is taking yet
some experts estimate that at least one out of every five contingency
fee cases involves virtually no risk.

It makes sense to sit down with several different lawyers before
choosing one. Ask each to assess the merits of the case and the
likelihood that you will receive money if you are successful. The
consultations will be free and you will come away with a more realistic
sense of what fee arrangements you should agree to.  Generally, the
higher the likelihood of success in a case, the lower the contingency
percentage you may be able to negotiate. Some clients also prefer to pay
their lawyers on a sliding scale. For example, 33 percent for the first
$100,000 in damages, 25 percent for the next $100,000, and 15 percent
above that.

Second, other fee arrangements that you may be able to negotiate and
which may save you money include flat fees instead of hourly charges,
hourly rates up to a prearranged maximum for the entire project, and
fees based partly on the outcome.


Comparison Shop for Flat Fees on Simple Cases

When you need a simple transaction like a will, a real estate closing,
or a power of attorney, you can comparison shop. Contracting for legal
services is like any other consumer transaction in that the prices and
the work product vary. Call several attorneys and compare their answers
to the questions listed above. Only after you get a sense of the range
of fees will you be able to determine which rate and which attorney best
suit you and your budget.


Ask about the Billing Method for Hourly Rates

A written agreement specifying the fee arrangement and the work involved
is the best way of assuring clear communication between you and your
attorney about the total cost of the case. For example, if your attorney
charges by the quarter hour, you will know that if you call and speak to
your attorney for five minutes, you will be charged one- quarter of the
attorney's hourly rate. Knowing that, you may choose to give the
information to his secretary or write a brief note. Asking a lawyer to
bill at 6- minute instead of 15-minute intervals can save you hundreds
of dollars. For example, if a lawyer's minimum billing unit is 15
minutes, each 5-minute phone call will be billed at one-fourth of the
hourly rate. At 6-minute phone intervals, a 5-minute phone call costs
just one-tenth of the hourly rate.


Choose a Lawyer with the Appropriate Qualifications

Most legal work is relatively routine. It often has little to do with
complex legal theory or constitutional analysis, and much more to do
with knowing which form to fill out and which county clerk will process
it most quickly. Smaller firms, attorneys charging lower rates, and less
experienced attorneys are often well suited for the broad range of legal
work needed by many consumers. Recently graduated attorneys may offer to
work for a somewhat lower price to compensate for the extra risk and
time involved in becoming familiar with the specific area of law.
Lawyers who charge $300 an hour and up are appropriate for very
sophisticated trusts and estate work, corporate litigation, or complex
criminal defense work.

Be wary of big law firms where you may be offered the illusion that the
young associate who has been assigned to your case (at a lower rate) is
being supervised closely  by the senior partners listed in the firm
name. The associate may take three or four times as long as an
experienced lawyer to draft the necessary papers. You might want to meet
with the associate and the supervising partner before work begins to
ascertain who is going to do what, and to get an estimate as to how much
the work should cost. Such a meeting is likely to encourage the firm not
to charge you for the associate's on-the-job training.


Offer to Perform Some of the Work

Discuss ways that you can help the attorney on the case. For example, if
the attorney needs copies of birth certificates or other records, you
can write the letter to request them and save your attorney the time
needed to dictate and process the letter.

Splitting the work with an attorney also can cut the cost of writing a
will or health-care power of attorney or setting up a trust. You can
draft the document, using a standard form as a guide, and then present
it to your lawyer for reviewing and finalizing the work. Make sure that
your attorney is willing to do this kind of work and discuss the fee if
major rewriting is needed.


Hire the Attorney to Act as Go-between

Some lawyers are open to negotiating a lawyer fee if you are only
looking for their legal expertise to write a letter to the other side to
settle. You may wish to hire the attorney for this type of limited
assistance initially and follow up yourself. If you are unsuccessful,
you may wish to retain the attorney to further pursue the case.


Hire the Attorney to Act as Your Pro Se Coach

If you want to represent yourself in court (called appearing pro se),
hire your attorney to act as a pro se coach who will review documents
and letters that you prepare and sign. The attorney may also help you
prepare for a hearing in which you represent yourself. Examples of when
this might be appropriate if you want to appear in small claims court or
if you want to enforce a lease or collect bills owed to you.


Choose a Lawyer Who Specializes in What You Need

You are likely to save money by choosing someone who has the knowledge
and office systems set up to handle cases like yours cost-effectively.
That attorney is also more likely to be knowledgeable about specific
procedures relating to your case, expert witnesses in the area, and
other attorney experts for consultation.

Prepare for Your Attorney Meetings

Come prepared with all of the necessary information and papers. Ask
questions to make sure that you are providing everything the attorney
needs. Think about your legal problem and gather the information your
attorney will need. Write down the names, addresses, and phone numbers
of other people involved in the case. Write down the important events or
facts. Bring any relevant papers such as contracts, letters, court
notices, or leases. Keep copies of this information and provide it to
your attorney. The more work that you do to prepare, the less time your
attorney needs to spend (and charge you) for finding the information.

Answer Your Attorney's Questions Fully

Your communications to your attorney are confidential. Pay close
attention to the questions your attorney asks you and offer complete and
honest answers. If you are not sure if a piece of information is
relevant, ask your attorney. If your attorney knows all the facts as
early as possible in the case, it will save on time (and money) that
might be spent later on further investigation or misdirected case
development.

If the Situation Changes, Tell Your Attorney as Soon as Possible

You are a primary source of information about your case and your
attorney will act based on the information you have provided. If
something happens or if you find out new information which may affect
your case, give the information to your attorney quickly. It may change
what he or she is doing on your case. It may save the attorney's time
(and your money) or save the attorney from heading in the wrong
direction on a case.


Maximize the Value of Your Contacts with Your Attorney

Keep in mind that you will pay for virtually every minute you spend with
your attorney.  While a friendly relationship can facilitate the
handling of your case, limit the phone calls and meetings to the
business of the case. You will not want to pay for a long, friendly
conversation about other matters.

Consolidate your questions or information giving into a single call.
Pass on information in writing or to other office staff rather than
speaking directly with the attorney unless you have a specific reason to
do so.


Examine Your Bill

Request that your attorney bill you on a regular basis. Even if you have
agreed on a contingency fee and will not actually pay the expenses until
the case is settled, you should periodically examine the expenses.
Question any items that you do not understand or that are not covered in
your fee agreement. For example, your attorney may list the cost of
attending continuing legal education seminars in the area of your case.
Unless you have agreed to cover these costs, you may wish to question
this entry.


Candidly Describe Your Financial Limitations

Finally, if you have extremely limited funds, discuss the situation with
your attorney. If you have a long- standing relationship, you may be
able to work out a payment plan. If the situation is compelling, some
attorneys may be willing to help someone who genuinely needs it.


12. What should my involvement be after I hire a lawyer?

The bottom line is that you are deeply involved and that the outcome of
the case will inevitably affect you to a greater degree than your
attorney. No matter what role you envision for your attorney, you should
be the decisionmaker on all major points in your case. You hire an
attorney for experience on legal procedures and familiarity with the
appropriate court system, but the more fully informed you are, the
better prepared you will be to make the necessary key decisions and to
oversee the work of your attorney.

At a minimum, many consumer advocates recommend that you educate
yourself about the general area of law relevant to your case by
reviewing one of the many self-help legal manuals and gathering
information from the attorney interviews you conduct. You can find out
about courtroom procedures from staff at the court (although they may be
reluctant), legal aid staff, or the law library or your public library.
Beyond that level of involvement there is a fairly broad range of
possibilities. The three general choices are:

Attorney as pro se coach. As described in Question 11, you may choose to
hire the attorney as a legal advisor to a case which you handle
yourself. Not all attorneys will be comfortable in this role but many
attorneys, especially in smaller firms, may be interested in empowering
consumers.

Client supports the attorney through gathering documents and other
agreed upon tasks. It may be wise both financially and in terms of your
attorney's time for you to volunteer to undertake certain tasks to
support the work on your case. There are a number of tasks in the
development of any case which do not require specialized legal
expertise. You may be able to compile information, research regulations
or company policy, obtain birth certificates or other documents, review
the factual portions of documents prepared for court, or take other
actions that you or your attorney identify as helpful for the case.

Traditional approach to the attorney/client relationship. Under the
scenario often presented in films or television, a client simply informs
the attorney of the problem and the attorney, without regard for
expenses or further consultation, "solves" the case. In real life, it is
much more of a partnership. It is critical for you to expressly detail
at the outset your expectations regarding consultation and
decisionmaking on both the outcomes and cost of the case.

No matter what role you and your attorney agree upon, maintain your own
copies of all files and original documents in a fireproof box or bank
vault. Do not rely upon your lawyer's file system as the only repository
for these important papers.

Your relationship with your attorney can fall anywhere along the range
of options described above. In making the decision about the degree of
your involvement, ask yourself the following questions:

How much time and effort can I realistically contribute?

What are my needs to control (monitor) the day-to- day direction of the
case?

How familiar am I with this area of the law?

How much is this case worth to me (financially)?

How important is the outcome?

The final step in deciding the level of your involvement is a clear
agreement and understanding between you and your attorney about your
relative roles and expectations. On the one hand, your involvement
should not hinder the attorney from exercising the expertise for which
you hired the attorney. On the other hand, all options should be
explained to you in clear language. Ask questions about the relative
merits of a proposed step until you understand it. Be wary of an
attorney making strategic decisions without you or presenting a proposed
next step as necessary without explaining the merits and costs of the
option.


Client Involvement - Decisions to Be Made

Do you want your attorney to act as pro se coach or as your
representative?

What work can you provide on the case?

How frequently do you want to receive a billing (or a list of expenses
in the event of a contingency fee)?

Do you want to review copies of pleadings (court papers) before they are
filed?  Receive copies after they are filed?  Review some but not all
documents?  Which ones?

How often is it appropriate to meet?  What benchmark should trigger a
meeting?

How often do you want to talk to the attorney or receive a case update?
Can staff convey the message?  Will a short note be sufficient?

Are there spending limits or benchmark figures for expenses or fees
which should trigger a client consultation before going ahead on the
case?

Resources

AARP/Legal Counsel for the Elderly
601 E Street, NW
Washington, DC  20049
(202) 434-2125

American Bar Association
Commission on Legal Problems of the Elderly
1800 M Street, NW, Suite 200
Washington, DC 20036
(202) 331-2297

National Academy of Elder Law Attorneys, Inc.
1604 N. Country Club Road
Tucson, AZ  85716
(602) 881-4005

Nat’l Citizens' Coalition for Nursing Home Reform
1424 16th Street, NW, Suite 202
Washington, DC  20036-2211
(202) 332-2275

National Legal Aid and Defender Association
1625 K Street, NW, Suite 800
Washington, DC  20006
(202) 452-0620





APPENDIX  1
                               Legal Help
Legend
----------------------------------------------------------
SOURCE OF LEGAL ASSISTANCE:
TYPE OF ASSISTANCE:
COST:
----------------------------------------------------------
SOURCE OF LEGAL ASSISTANCE:
     Private attorney working individually or in a law firm
TYPE OF ASSISTANCE:
     Full Representation
     Legal Information
     Assistance with Legal Matters
COST:
     Fee
     May be able to Reduce Cost
----------------------------------------------------------
SOURCE OF LEGAL ASSISTANCE:
     Legal aid offices (LSC or OAA-funded)
TYPE OF ASSISTANCE:
     Full Representation
     Legal Information
     Assistance with Legal Matters
COST:
     No Cost
----------------------------------------------------------
SOURCE OF LEGAL ASSISTANCE:
     Prepaid legal services plans (often based upon
     employment or union membership)
TYPE OF ASSISTANCE:
     Varying Representation
     Legal Information
     Assistance with Legal Matters
COST:
     Varies by Plan
----------------------------------------------------------
SOURCE OF LEGAL ASSISTANCE:
     Legal clinics (free clinics staffed by students usually
     in law school)
TYPE OF ASSISTANCE:
     Full Representation
     Legal Information
     Assistance with Legal Matters
COST:
     No Cost
----------------------------------------------------------
SOURCE OF LEGAL ASSISTANCE:
     Pro bono attorney panels
TYPE OF ASSISTANCE:
     Full Representation
     Legal Information
     Varying Assistance with Legal Matters
COST:
     No Cost
----------------------------------------------------------
SOURCE OF LEGAL ASSISTANCE:
     Reduced-fee attorney panels
TYPE OF ASSISTANCE:
     Full Representation
     Legal Information
     Varying Assistance with Legal Matters
COST:
     Reduced Cost
----------------------------------------------------------
SOURCE OF LEGAL ASSISTANCE:
     Legal hotlines
TYPE OF ASSISTANCE:
     Legal Information
     Varying Assistance with Legal Matters
COST:
     No Cost
----------------------------------------------------------
SOURCE OF LEGAL ASSISTANCE:
     Self-help books & seminars (often available through
     legal aid offices or the courts)
TYPE OF ASSISTANCE:
     Legal Information
COST:
     Fee
     No Cost
----------------------------------------------------------
SOURCE OF LEGAL ASSISTANCE:
     Local ombudsman programs (limited to nursing home and
     board and care issues)
TYPE OF ASSISTANCE:
     Legal Information
     Assitance with Legal Matters
COST:
     No Cost
----------------------------------------------------------

APPENDIX 2
Statewide Legal Hotlines
(as of November 1994)

Arizona HOTLINE
Legal Hotline for the Elderly
64 East Broadway
Tucson, AZ  85701
Hours: 8:00 - 4:00 MST
In-State  (800) 231-5441
Tucson & Out-of-State (602) 623-5137


California HOTLINE
Senior Legal Hotline
Legal Services of Northern California
1004 18th Street
Sacramento, CA  95814
Hours: 9:00 - 5:00 PST
In-State (800) 222-1753
Sacramento & Out-of-State (916) 442-1212
Administration (916) 325-4913
Voice mail (916) 557-2307


District of Columbia HOTLINE
Legal Counsel for the Elderly
601 E Street, NW
Washington, DC  20049
Hours: 9:00 - 4:00 EST
In-State  (202) 434-2170


Florida HOTLINE
Legal Hotline for Older Floridians
P.O. Box 370705
Miami, FL  33137
Hours: 9:00 - 5:00 EST
In-State  (800) 252-5997
Dade County & Out-of-State (305) 576-5997

Maine HOTLINE
Legal Hotline for the Elderly
P.O. Box 2723
72 Winthrop Street
Augusta, ME  04338-2723
Hours: MTW 9:00 - 5:00 EST
THF 9:00 - 4:00
In-State (800) 750-5353
Augusta & Out-of-State (207) 623-1797


Michigan HOTLINE
Legal Hotline for Older Michiganians
115 West Allegan Street, Suite 720
Lansing, MI  48933
Hours: 9:00 - 5:00 EST
In-State  (800) 347-5297
Lansing & Out-of-State (517) 372-5959


New Mexico HOTLINE
State Bar of New Mexico
Special Project, Inc.
Lawyer Referral for the Elderly Program
P.O. Box 25883
Albuquerque, NM  87125
Hours: 8:00 - 5:00 MST
In-State  (800) 876-6657
Albuquerque & Out-of-State (505) 842-6252


Ohio HOTLINE
Pro Seniors Hotline
Legal Hotline for Ohioans
Enquire Building, Suite 900
617 East Vine Street
Cincinnati, OH  45202
Hours: 8:30 - 4:30 EST
In-State (800) 488-6070
Hamilton County & Out-of-State
(513) 621-8721

Pennsylvania HOTLINE
AARP/Legal Counsel for the Elderly
Legal Hotline for Older Pennsylvanians
Law & Finance Building
429 4th Avenue, Suite 1706
P.O. Box  23180
Pittsburgh, PA  15219
Hours: 9:00 - 5:00  EST
In-State (800) 262-5297
Allegheny County & Out-of-State
(412) 261-5297

Puerto Rico HOTLINE
Island-wide Seniors Legal Hotline
Puerto Rico Legal Services, Inc.
Calle Herminio Diaz Navarro Number 6
Apartado 2390
Guaynabo, PR  00970
Hours:  8:00 - 4:30  EST
In-State (800) 720-3432
Out-of-State (809) 720-3432
FAX: (809) 731-6505


Texas HOTLINE
Legal Hotline for Older Texans
815 Brazos, Suite 1002
Austin, TX  78701
Hours: 9:00 - 5:00 CST
In-State  (800) 622-2520
Travis County & Out-of-State
(512) 477-3950



APPENDIX 3
GLOSSARY

Arbitration

Method of settling disputes in which the two sides submit arguments to a
neutral third party or panel. After listening to both sides and
considering the evidence, the neutral party makes a decision. The
neutral decisionmaker may be an attorney or another person. The two
sides may agree that the decision will be binding (or final) or one side
may pursue the matter in court.


Code of professional responsibility

Rules that govern a lawyer's right to practice law in a state. Each
state has its own code based on the American Bar Association's model
code. If a lawyer violates the code, he or she may be reprimanded or the
lawyer's license (right to practice) can be taken away or suspended.


Contingency fee

An attorney's fee which is based on a percentage of a monetary award to
a client. If the case is lost and no money is awarded, the client does
not owe the attorney a fee. However, the client will be required to pay
expenses which can be substantial and include witness fees, filing
costs, photocopying, messenger services, etc.


Expenses

Charges to a client for a lawyer's work other than fees, typically
including long distance telephone charges, photocopying, court filing
fees, and expert witness fees.


Fee arbitration

An out-of-court forum for settling fee disputes between attorneys and
clients. Fee arbitration committees have been established by many state
and local bar associations.


Flat fee

A lawyer's flat fee is based on a fixed amount for handling a legal
matter regardless of the time spent or the difficulty of the tasks
involved. Flat fees are most common for routine matters such as simple
wills, uncontested divorces, or powers of attorney.


Litigation

The formal process of resolving a dispute in a court by presenting
evidence before a judge or jury.


Mediation

An informal process in which a trained neutral mediator assists the two
sides in defining the issues in a dispute, helps to clarify
communication between the two sides, helps the parties develop possible
solutions, and aids them in reaching mutually acceptable agreements.

Pro se

The term refers to representing yourself in court without an attorney.
Also called in pro per. A person representing him or herself may ask an
attorney to help with the preparation of some of the documents or to
offer advice on the case. However, the attorney will not enter his or
her appearance (notify the court that the attorney is representing you)
or sign the documents.

Retainer

An advance of money paid by the client to the attorney before work
starts on the case. It is often considered a deposit for some or all of
the work to be done. The money is usually put into a trust account and
the attorney will draw upon the account to pay for his/her fee and
expenses. It may also be used to reserve the lawyer's services for a
particular time period or lawsuit. The retainer agreement should specify
whether any unused portion will be refunded as well as the conditions
under which the attorney will draw from the retainer. Retainers are
usually used by businesses or individuals with a great deal of ongoing
legal work.


ANSWER 12 QUESTIONS BE A SMART LEGAL COMSUMER

Do I Need a Lawyer?

What Is "Elderlaw"?

Do I Need an Elderlaw Specialist?

How Do I Find a Lawyer?

Is Free or Reduced-Cost Legal Help Available?

What Questions Should I Ask before I Meet with a
Lawyer?

Why Should I Interview a Lawyer?

What Should I Look for during the Interview?

What Factors Should I Consider in Choosing an
Attorney?

What Types of Fee Arrangements Are Most Common?

Are There Ways to Reduce My Attorney Fees?

What Should My Involvement Be after I Hire a
Lawyer?


LEGAL COUNSEL FOR THE ELDERLY
601 E Street, NW
Washington, DC  20049

