How to Find a Lawyer in TennesseePrepared as a public service by the Community Relations
Committee of the Nashville Bar Association DO YOU NEED A LAWYER? Just about every area of your life is affected in some way by the law. How do you know if you have a legal problem? How do you know if you need legal assistance? When to see a lawyer. Some things may be handled best by a lawyer. You should always talk with a lawyer as soon as possible: • if you are sued, • before you admit or deny guilt for a crime, • before you make a statement to the police, or • if you have been in a serious accident which injured someone or damaged property. You should also consult a lawyer early if: • you are considering a lawsuit, • you are considering divorce or adoption, • someone in your family dies, • you want a Will or need estate planning, • you are considering bankruptcy, • you have tax problems, • you are buying or selling a home, or • you are organizing or dissolving a business. What to do if you don’t know. If you have any doubt about whether your situation requires a lawyer’s help, you can ask a lawyer about it. Consult with one early, before your situation gets worse. Many will do an initial consultation or answer simple questions free of charge. You may also inquire with a lawyer referral service. Representing yourself. You have the right to represent yourself in a civil or criminal case. You should do so, however, only if you completely understand the legal issues and the procedures involved. You should also understand that you may be at a disadvantage if you get too emotionally caught up in the case, and you should represent yourself only if you are willing to accept that risk and others. Other ways to get help. Before hiring a lawyer, you may want to find out if you can get the assistance you need from another source. A local, state, or federal governmental agency may be able to answer your questions or solve your problem. Also, check with your local Better Business Bureau, Consumer Credit Counseling Service, alternative dispute resolution center, television station, or some other private agency to see if they can help. In addition, don’t forget your insurance agent, accountant, banker, stockbroker, minister, state legislator, other local representative, or private counselor. WHAT DO LAWYERS DO? Lawyers provide services or advice calling for their professional judgment. When they practice law, they use the knowledge and skill they have received from their legal education and experience, and relate the law to specific facts. Their activities are many and varied, but include giving advice about what action to take, representing clients in lawsuits or other hearings, preparing legal papers, and lobbying. There are many personal, business, and governmental areas of law practice, including the ones mentioned in the first section of this brochure, as well as adoption, trusts, tax, contracts, crimes, business arrangements and disputes, patents, trademarks, copyrights, landlord and tenant, property, consumer matters, immigration, civil rights, discrimination, marriage and other domestic relations issues, Social Security, VA benefits, and workers’ compensation. HOW TO FIND A LAWYER Once you have determined that you need a lawyer, how do you go about finding one? Here are some of the ways you might try: Referrals. Ask your friends, family, business associates, or other acquaintances about lawyers they have used. Chances are you will come up with at least a few names. Nashville Bar Association Lawyer Referral Service. The Nashville Bar Association has a service which can provide you with the name of a lawyer who practices the type of law you need help in. See the back cover of this booklet for the phone number. Legal Aid Programs. On the back of this brochure are the telephone numbers of the Legal Aid program in this area. This program may only take certain kinds of cases. They also may only help people below a certain income level or have other restrictions. Pro Bono Program. Pro bono programs take people below a certain income level and assign attorneys to handle their legal problems at little or no cost. Consult the back cover of this brochure for the phone number of the Nashville Bar Association Pro Bono Program. Advertisements. More and more, lawyers are advertising--on T.V., on the radio, in the newspaper, and in the Yellow Pages. Although advertising can make it quick and easy to find a lawyer, you should use care in selecting your lawyer--make sure that lawyer is the right one for you. HOW TO CHOOSE A LAWYER Start with those lawyers whose names you have obtained from consulting the resources mentioned in "How to Find a Lawyer." Talk to the lawyer. Schedule an appointment to meet and interview the lawyer. Consider interviewing more than one lawyer before you make your final choice. Many lawyers will do an initial consultation free of charge. Check background, experience, disciplinary record. Tennessee currently requires all lawyers to graduate from college and law school, pass a written exam, pass a character and fitness review, and be licensed to practice law. Also, lawyers are required to take continuing legal education classes each year. You can find out about many lawyers’ backgrounds by checking legal source books) in your local law library or public library. In addition, you may want to check with the Board of Professional Responsibility to see if the lawyer has been publicly disciplined and why. You may want to discuss the discipline with the lawyer. Consider the lawyer’s training and experience. Ask if the lawyer has handled similar matters, and what the outcomes were. Also ask if the lawyer has taken any continuing legal education courses which relate to your problem. Ask about fees. Ask the lawyer what will be charged for the services provided. Even if a lawyer’s fee is higher, that does not always indicate competence. Most importantly, check your feelings. One of the most important things is whether you are comfortable with the lawyer. During the interview, how did you feel? (It’s normal to feel nervous.) Does the lawyer respect you? Inspire your trust? Relate to you? Explain your legal situation and the proposed solution clearly and honestly? Listen to your concerns, needs, and wishes, and then respond appropriately? Will he or she be accessible? If you are comfortable on all these levels, then you have probably found the right lawyer for you. WHAT SHOULD YOUR LAWYER DO FOR YOU? 1. Specifically discuss the fee and other costs. You should fully understand the fees and costs you will be charged. Get your fee agreement in writing. Some common fee arrangements include:
2. Return phone calls and answer letters. Your lawyer should tell you generally how long it takes to respond, and whether the secretary, paralegal, or other staff will return your calls. Your lawyer should always be courteous and considerate. 3. Keep you informed about your case or legal matter. Your lawyer should discuss the strategies for handling your matter, and then let you know what he or she has done as it proceeds. The lawyer should also inform you about any developments as they happen. 4. Not act without your authorization. Your lawyer should tell you what your legal options are, and what is likely to happen based on the option you choose. You have authority to make all important decisions affecting the outcome of your case. 5. Act ethically. Lawyers in Tennessee are bound by the Code of Professional Responsibility to represent you with zeal and competence, keep your confidence and secrets which you reveal as the client, use independent professional judgment, without any conflict of interest, and avoid even the appearance of impropriety. WHAT IF YOU ARE NOT SATISFIED? If you are dissatisfied with your lawyer, the very first thing you should do is try to discuss the situation with your lawyer. Let the lawyer know you are dissatisfied and why. It could be just a misunderstanding. Try to clear it up. If after talking to your lawyer you are sill not satisfied, you can:
RESOURCES IN METRO NASHVILLE (All numbers in the 615 area code) General Sessions Court 862-8311 Traffic Court 862-5222 Juvenile Court 862-8000 Non-emergency Police 862-7400 Traffic tickets (Metro) 862-5222 County Clerk 862-6050 Equal Employment Opportunity Commission (EEOC) 1-800-669-4000 Internal Revenue Service 1-800-829-1040 (Questions and assistance on federal tax returns) American Arbitration Association 256-5857 Better Business Bureau 254-5872
Board of Professional Responsibility 361-7500 Consumer Credit Counseling Service 244-5184 Legal Aid Society of Middle Tenn. 244-6610 Libraries
Nashville Bar Association (NBA) 242-9272
This brochure is provided by the Nashville Bar Association. It contains general information and is not intended to provide legal advice; the facts involved in a specific case determine the application of law. If you have specific questions about anything in this brochure, you are encouraged to consult an attorney. For assistance in finding a lawyer for any legal matter, you may want to contact the Nashville Bar Association Lawyer Referral Service.
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