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Comparing attorneys means evaluating experience, communication style, fee structures, and fit before selecting representation. The right attorney depends on the specific situation, complexity, and desired level of involvement. Consultations with multiple attorneys help identify the best match.

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What to Compare

Relevant experience Attorneys should have direct experience with your type of matter. Transaction experience differs from litigation experience. Residential differs from commercial. Communication style Some clients want frequent updates and detailed explanations. Others prefer minimal contact unless decisions are needed. Match communication expectations. Fee structure Flat fees, hourly rates, and retainers each work for different situations. Understand total expected costs before engaging. Availability Real estate transactions move quickly. Attorneys need capacity to respond within reasonable timeframes. Local knowledge Attorneys familiar with local courts, title companies, and practices navigate issues more efficiently.

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Essential Questions

“How many matters like mine have you handled?”Look for specific experience, not general real estate background. A transaction attorney may have limited litigation experience and vice versa.“What’s your experience in this geographic area?”Local knowledge matters. Familiarity with county recording offices, local courts, and area title companies streamlines processes.“What percentage of your practice is real estate?”Attorneys practicing primarily in real estate stay current on laws and practices. Those handling real estate occasionally may miss developments.“Have you encountered situations similar to mine? How did they resolve?”Specific examples demonstrate relevant experience and problem-solving approach.
“How will you keep me informed throughout the process?”Understand communication frequency and methods. Some attorneys provide regular updates. Others communicate only when action is needed.“Who will actually be handling my matter?”At larger firms, partners may delegate to associates or paralegals. Know who will do the work and their experience level.“What’s your typical response time?”Real estate transactions have deadlines. Attorneys should respond within 24 hours for routine matters, faster for urgent issues.“How do you prefer to communicate?”Email, phone, text, or portal. Match your preferred communication method.
“What is your fee structure for this type of matter?”Common structures:
  • Flat fee: Fixed price for defined scope (contract review, closing)
  • Hourly: Billed for time spent (better for uncertain scope)
  • Retainer: Upfront deposit against hourly charges
  • Contingency: Percentage of recovery (litigation only)
“What is the total estimated cost?”Get written estimates. For hourly work, ask for low and high range estimates.“What’s included and what costs extra?”Some flat fees cover limited scope. Revisions, negotiations, or complications may cost additional.“Are there additional costs beyond attorney fees?”Filing fees, recording costs, title search fees, and other expenses may be separate from attorney fees.
“What’s the typical timeline for matters like mine?”Sets expectations for how long the process takes.“What do you need from me to get started?”Understand documentation and information requirements upfront.“What could complicate or delay the process?”Experienced attorneys identify potential issues early.“How do you handle unexpected issues that arise?”Understand approach to problems and additional costs for complications.
“Do you have capacity to take on my matter right now?”Attorneys with full caseloads may not provide timely attention.“Will you be available during critical periods?”For transactions, ask about availability around anticipated closing dates.“Do you have backup if you’re unavailable?”Illness, vacation, or emergencies happen. Know who handles urgent matters in the attorney’s absence.

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Red Flags vs Green Flags

Red Flags:
  • Cannot provide clear fee estimates
  • Vague about experience with your specific situation
  • Slow to respond during initial consultation process
  • Unwilling to provide references
  • Pressures quick decisions without explanation
Green Flags:
  • Explains process clearly in understandable terms
  • Provides written fee agreements before work begins
  • Shares specific experience with similar matters
  • Responds promptly to inquiries
  • Identifies potential issues proactively

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Comparison Process

1

Identify 2-3 attorneys to consult

Referrals from trusted sources, online directories, or bar association referral services. Look for relevant specialization.
2

Prepare your situation summary

Write down key facts, questions, and concerns. Consistent information allows fair comparison.
3

Schedule consultations

Many attorneys offer free or low-cost initial consultations. Ask about consultation fees when scheduling.
4

Ask consistent questions

Use the same questions for each attorney. Document answers for comparison.
5

Request fee estimates in writing

Written estimates prevent misunderstandings. Compare total expected costs, not just hourly rates.
6

Evaluate responsiveness

How quickly did they respond to your inquiry? Communication during the sales process indicates future patterns.
7

Check references and reviews

Ask for references from similar matters. Check online reviews for patterns in client experiences.

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Fee Structures Explained

Flat fees Fixed price for defined services. Common for:
  • Contract review: $200 - $500
  • Closing representation: $500 - $1000
  • Deed preparation: $150 - $400
  • Lease review: $200 - $600
Best when scope is clear and predictable. Hourly rates Billed for time spent. Common for:
  • Complex transactions
  • Negotiations with uncertain duration
  • Litigation
  • Matters with unpredictable scope
Rates vary by location and experience ($150 - $500+/hour). Retainers Upfront deposit against future hourly charges. Common for:
  • Ongoing representation
  • Litigation
  • Matters requiring significant work
Unused portions may be refundable depending on agreement. Contingency fees Attorney receives percentage of recovery. Used primarily for:
  • Litigation with potential damages recovery
  • Not common in transactional work
Typical range: 25-40% of recovery.

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Engagement Letters

Before work begins, attorneys should provide written engagement letters covering:
  • Scope of representation
  • Fee structure and rates
  • Estimated costs
  • Billing practices
  • What’s included and excluded
  • How to terminate representation
  • Conflict of interest disclosures
Read engagement letters carefully. Ask questions about anything unclear. The engagement letter is a contract defining the attorney-client relationship.

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When to Move On

Consider finding a different attorney if:
  • Communication consistently falls short of expectations
  • Bills significantly exceed estimates without explanation
  • Work quality doesn’t meet professional standards
  • Attorney misses deadlines or appointments
  • You lose confidence in their guidance
Clients can terminate attorney relationships at any time, though fees for work completed are typically still owed.

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