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Elder Law
> Elder Law: Meeting With A Lawyer
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Elder Law: Meeting with a Lawyer
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elder law
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Treat your first meeting as a business consultation. Dress well and be prompt. Be polite and courteous. You will want to impress the lawyer, just as he or she will be trying to impress you.
Give a lawyer the chance to get to know you. Don't feel compelled right off the bat to blurt out everything you want to tell the lawyer about your legal issues or needs. Many times, a lawyer will want to get some background on you and even shoot the breeze a bit. This opportunity will provide both you and the lawyer with the chance to evaluate each other on an informal basis
Let the lawyer lead the discussion. You will have all sorts of information that you will want to relate, and the lawyer may want you to talk at length about your situation. However, the lawyer may also want to ask you questions in order to hone in on the background facts that he or she feels are relevant or important. The more prepared you are in this regard with completed questionnaires, documents, and your own questions, the easier this process will be, and the more you will impress the lawyer.
During your initial consultation, you will want to share all relevant information with the lawyer. Even if you don't end up hiring the lawyer, everything you tell him or her during your meeting is subject to the attorney-client privilege, so candor is in your best interests. You gain nothing by not revealing information to your attorney. Since it is relevant to many elder law matters, you should answer honestly and completely the lawyer's questions about your financial information.
The lawyer may give you alternatives as to what you can do, and you should discuss relevant considerations with respect to each option. Look for practical legal advice that in your own mind translates into good sense.
Depending up on how well prepared you are, the lawyer may even be able to give you advice and counsel on how to proceed with respect to your situation. This could be especially important when time is of the essence. For example, if your spouse is in a nursing home, it may be important to get started right away on protecting your assets.
By the end of your meeting, you should leave with a clear understanding of what you have accomplished. If the lawyer is willing to take your case, you should be told how he or she charges for services. You may be presented with a contract that is called a retainer agreement or a legal services agreement. The lawyer should explain it to you. Read and understand the document before you think about signing it. At that time, or before services are rendered, you may also be asked to provide a retainer or deposit up front. Make sure you understand the basis for the fee being charged (hourly? Fixed fee?) and how often you will be expected to make payment. Will you get monthly statements? Periodic requests to make retainers or deposits?
Be clear on what is to happen next and then be sure to follow through on whatever you have been asked to do by your new attorney. The attorney will insist on cooperation from your end. If it is not clearly spelled out in a retainer agreement, also be sure to ask the lawyer how he or she would prefer to communicate with you, and then keep in contact regularly with your attorney.
You probably wouldn't be meeting with the lawyer in the first place if you weren't ready to hire somebody. While you may still change your mind at almost any point, be prepared to proceed forward by bringing a check book and/or a credit card to pay a retainer to the lawyer if he or she asks before proceeding forward. Keep in mind that lawyers cost money and you will be expected to pay for their services. From the lawyer's perspective, a client who is unwilling to agree up front on terms of payment may not be willing to pay for it down the road.
Your lawyer has an obligation to account to you for the activities he or she performs on your behalf. If you are being charged on an hourly basis, you have a right to an itemized bill or statement showing what the lawyer did and how much time was spent doing it. Don't be afraid to question a service that appears to be unnecessary or time spent that appears to excessive for the services rendered.
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