Before hiring a lawyer, you first must identify your legal problem and then decide what type of legal representation you need. Many lawyers specialize in certain areas of the law, and a lawyer with expertise in one area-for example, divorce-may not be the best choice for another area-for example, criminal proceedings.
A variety of referral programs, listed later in this section, have been established to help individuals find appropriate legal representation. Many of these programs not only provide referrals to lawyers with specific specialties, but also help to determine if other types of assistance may be of benefit to you-for example, a problem that can be addressed, for no charge, by a community or state agency.
SELECTING A LAWYER
If at all possible, select a lawyer when you are not in crisis and in need of immediate legal representation. In many situations, doing some "comparison shopping" of lawyers will help you to find one with whom you can work comfortably and with full confidence. Some considerations in hiring a lawyer include:
Do you and the lawyer have the same goal for the case?
Do you believe the lawyer has the expertise and experience to handle your case?
Do you understand the lawyer's explanation of what your case may involve, including a timetable of the case, when and how often the lawyer intends to contact you, and how closely you will be involved in the lawyer's work?
Do you understand and agree with the lawyer's billing practices?
THE CONSULTATION
Meeting with a few lawyers to discuss your case may help you decide which lawyer to hire. While some lawyers do not charge for an initial consultation, others do. Be sure to ask the lawyer if there is a fee for this visit and, if so, how much it will be. You can expect the first meeting to be short, usually no longer than a half-hour.
Your consultation will be most productive if you are fully prepared. Present your situation in an organized and concise way, being sure to include dates and times whenever possible. It may be helpful to write this information down, highlighting the most important points. Bring the names, addresses, and telephone numbers of everyone connected with the case, along with important documents related to the situation-photographs, accident reports, police reports, court documents, etc. The goal is to present your situation in such a way that the lawyer can determine quickly if the matter is the type that he or she is willing and able to handle.
You should feel free to ask the lawyer questions during this meeting, including what other cases like yours the lawyer has handled and the outcomes of these cases. Ask if the lawyer will work on your case personally (if not, request a meeting with the lawyer who will handle your case). How long can you expect the case to take, and how can or will you be expected to participate? Finally, be sure to understand fully how and for what services you will be charged.
THE FEE AGREEMENT
You always should ask for a written fee agreement from your lawyer. The fee agreement should explain clearly the legal fees charged by the lawyer, including what services the lawyer will provide; the type and amount of fees for these services; and the billing practices of the lawyer. See below for some common fee arrangements used by lawyers for legal services.
In addition to legal fees, you will be charged for the costs associated with your case. Costs include fees charged by the courts as well as expenses incurred by the lawyer to prepare and present your case. Typical costs include court filing fees; consultant charges; witness fees; travel expenses related to the case, among others. You can ask, as part of your written fee agreement, for an estimate of expected costs.
Some other issues to consider when writing a fee agreement include:
Who else will be working on the case (paralegals, legal assistants, and other support staff), and how will that time be billed?
How will costs be paid- directly by you, or by your lawyer for later reimbursement from you?
Are there ways to reduce legal fees and costs?
How will you be billed and can a payment schedule be arranged?
With a completed fee agreement, you will have a concrete sense of the lawyer's estimate of the total charges. However, remember that an estimate is simply a calculated guess and that the total amount may change as circumstances change.
LEGAL FEES
A lawyer's fees can depend on several factors, including the expertise of the lawyer and the complexity of your case. Not all lawyers charge the same fees, although there are a few common fee arrangements.
Fixed fee. Most often used for routine legal matters, a fixed fee is a standard fee the lawyer may charge all clients-for example, drawing up a simple will. Be sure you know what the fee does and does not include and any other charges that may be added to the bill.
Hourly fee. Many lawyers charge on an hourly basis. The hourly rate can vary widely from lawyer to lawyer, depending on the lawyer's year of experience, level of expertise, and reputation. If you will be paying hourly fees, ask your lawyer to estimate the amount of time your case will take.
Retainer fee. Sometimes considered a "down payment" for legal services, legal fees are deducted from the retainer, at the agreed upon hourly rate, until the retainer is used up.
Contingency fee. When you are suing someone for money (for example, in an accident or personal injury case), a contingency fee agreement means that you will pay your lawyer a percentage of the money you recover. If you loose your case, the lawyer is not paid legal fees. All contingent fee agreements must be in writing, stating what percentage of the money recovered will be paid to the lawyer and whether this percentage is figured before or after costs associated with the case have been paid. Contingency fee percentages of thirty-three (33) percent are common; any percentage in excess of forty (40) percent may be unethical. You should note that, whether or not you win your case, you still have to pay any court costs and expenses related to your case. Also, you should note that, in New Hampshire, lawyers might not charge contingency fees in divorce cases.
Statutory fee. For certain matters, the court either sets or must approve the fee you will pay.
This information has been adapted with permission from "Selecting, Hiring, and Working With A Lawyer," published by the Public Information Committee of the New Hampshire Bar Association. To request a copy of the brochure, free of charge, contact the NEW HAMPSHIRE BAR ASSOCIATION at 603-224-6942.
LEGAL INFORMATION & REFERRALS
The agencies listed below provide legal information-not legal advice or representation-for common issues.
LAW LINE OF THE NEW HAMPSHIRE BAR ASSOCIATION (603-224-6942 or 800-868-1212) is staffed by volunteer lawyers on the second Wednesday of each month between 7:00 and 9:00 p.m.
ADVICE LINE OF THE SENIOR CITIZEN LAW PROJECT (SCLP) (603-624-6000 IN MANCHESTER; 888-353-9944 STATEWIDE), operated by NEW HAMPSHIRE LEGAL ASSISTANCE, is staffed by attorneys to answer the legal questions of seniors regardless of income.
The following lawyer referral services can help you identify the type of lawyer you need and refer you to appropriate legal representation.
LAWYER REFERRAL SERVICE (LRS) (603-229-0002). Created by the NEW HAMPSHIRE BAR ASSOCIATION, LRS will help you define and narrow your legal problem and refer you to a lawyer in your area who handles your type of case. A referral provides callers with a half-hour consultation with a lawyer for $25.00, paid at the time of consultation. If a referral to a lawyer is not appropriate, staff may refer you to other service agencies. Note that LSR is not a legal assistance program and offers no free services.
IMMIGRATION LAWYER REFERRAL SERVICE (ILRS) (800-954-0254). Operated by the AMERICAN IMMIGRATION LAWYERS ASSOCIATION, this service can help you find an immigration attorney in your area that specializes in your type of case. In addition, the INTERNATIONAL INSTITUTE OF NEW HAMPSHIRE (603-647-1500) can provide referrals to lawyers throughout New Hampshire specializing in immigration law and in the representation of immigrants in the legal system.
ALTERNATE DISPUTE RESOLUTION. Overseen by the SUPERIOR COURT and FAMILY DIVISION, Alternate Dispute Resolution includes mediators and neutral evaluators to work with parties in resolving disputed issues in civil cases, including divorce and custody. A list of state-certified mediators and neutral evaluators is available in each SUPERIOR COURT or FAMILY DIVISION or at www.courts.state.nh.us/adrp/index.htm.
COLLABORATIVE LAW ALLIANCE OF NEW HAMPSHIRE. The Alliance maintains a directory of lawyers trained in collaborative law for resolution of civil cases, including divorce and custody. Write P.O. Box 2161, Concord, NH, 03302 or visit www.collaborativelawnh.org.
(800) 639-5290 (in-state only)
(603) 224-3333
A private, non-profit legal service agency staffed by attorneys and paralegals, LARC assists individuals who meet financial eligibility requirements. Staff provides legal information, legal advice, referrals to other agencies and, in limited cases, direct representation. LARC concentrates on four (4) main areas of law:
Family (divorce/separation, unwed custody, child support, guardianship);
Public Benefits and Welfare (local welfare, Chapter 8, SSI, SSD, TANF);
Housing (landlord/tenant disputes, evictions, and fair housing); and
PROCEDURE. Intake for new clients is between 9:00 a.m. and 1:00 p.m., Monday, Tuesday, Thursday, and Friday; between 4:00 and 7:00 p.m. on Wednesdays. LARC speaks with approximately one hundred twenty five (125) people every day, so the lines are frequently busy. The phones are answered by an automated system that directs callers to a line for the area of law they need. A receptionist assists in selecting a line for those who do not know which line to select. Callers with court hearings, or who are in danger, should speak with the receptionist.
LARC also screens for and refers clients to the Pro Bono Program of the NEW HAMPSHIRE BAR ASSOCIATION and special programs of NEW HAMPSHIRE LEGAL ASSISTANCE when the case fits that program's criteria or priorities.
NEW HAMPSHIRE PRO BONO REFERRAL SYSTEM
(800) 639-5290 (in-state only)
(603) 224-3333
A statewide public service program of the NEW HAMPSHIRE BAR ASSOCIATION, the Pro Bono Referral Program provides free legal services by volunteer attorneys for civil matters to individuals who cannot afford a lawyer. The Pro Bono Program does not handle traffic violations, criminal cases, or "fee-generating" cases, such as personal injury. Areas of concentration include:
Family law and guardianship;
Landlord/tenant disputes;
Consumer protection, collection defense, and bankruptcies; and
Tax abatements.
PROCEDURE. Screening for financial eligibility to the Pro Bono Program is handled by the LEGAL ADVICE & REFERRAL CENTER (LARC). Intake for new clients is between 9:00 a.m. and 1:00 p.m., Monday, Tuesday, Thursday, and Friday; between 4:00 and 7:00 p.m. on Wednesdays. Depending on the area of the state, and the complexity of the case, the wait for pro bono help can be as short as one (1) week or as long as six (6) months.
NHLA is a non-profit law firm providing legal advice and representation in civil matters to people who cannot afford to pay for a lawyer. Attorneys and paralegals answer questions from eligible callers on a broad range of legal issues, including:
Domestic violence;
Housing;
Public benefits and assistance; and
Disability benefits.
PROCEDURE. Intake for new clients is done Mondays, Wednesdays and Fridays from 9:00 a.m. to 12:00 p.m. Written and walk-in applications also are accepted. Calls are screened for problem type and financial eligibility. If NHLA cannot handle your case, you will be referred to other appropriate agencies.
58 Main Street
Littleton, NH 03561
(800) 548-1886 (in-state only)
(603) 444-8000
MANCHESTER
1361 Elm Street, Suite 307
Manchester, NH 03101
(800) 562-3174 (in-state only)
(603) 668-2900
PORTSMOUTH
Simeon Smith House
412 The Hill
P.O. Box 778
Portsmouth, NH 03802
(800) 334-3135 (in-state only)
(603) 431-7411
SPECIAL PROJECTS OF NEW HAMPSHIRE LEGAL ASSISTANCE (please note: most projects have different intake hours and some have different phone numbers than outlined above):
FAIR HOUSING PROJECT provides legal representation for victims of housing discrimination and conducts educational forums. The Project also helps disabled persons obtain reasonable accommodations for their disabilities and provides referrals to attorneys and agencies, when appropriate. For assistance call Monday through Friday 9:00 a.m. to 5:00 p.m. 800-921-1115 (in-state only) or 603-669-4960 (Manchester).
DOMESTIC VIOLENCE ADVOCACY PROJECT (DVAP) provides civil legal services for low-income victims of domestic violence, focusing on cases involving custody of children. The Project will assist victims in obtaining restraining orders, custody orders, visitation orders, modifications, child support, and divorces. For assistance call Monday through Friday 9:00 a.m. to 5:00 p.m. 800-562-3174 (in-state only) or 603-668-2900 (Manchester).
HOMELESS ADVOCACY PROJECT provides collaboration with homeless service providers across the state, including community action programs and homeless shelters, to provide legal intake, referral, and/or representation in cases involving housing access and retention (public housing evictions, foreclosures, Section 8 denials and terminations); and benefits access (local welfare, SSD, SSDI, health, TANF, Food Stamps, etc. 800-562-3174 (in-state only) or 603-668-2900 (Manchester).
(603) 229-0002
Operates as part of the Legal Referral Service of the NEW HAMPSHIRE BAR ASSOCIATION, the Program is for individuals who need a lawyer but may have trouble paying legal fees. Panel members have agreed to negotiate reduced rates with the client based on the complexity of the case and the financial circumstances of the client. The program does not handle "fee-generating" cases, such as personal injury, and cannot provide referrals when court-appointed counsel is available. There are no free legal services through the Reduced Fee Referral Program.
PROCEDURE. Referrals are done by phone from 9:00 a.m. to 4:30 p.m., Monday thru Thursday, 9:00 a.m. to 1:00 p.m. on Fridays. The staff will do a brief financial screening by phone, and ask you for information about gross annual income, household size, and liquid assets. If eligible, you will be referred to an attorney based on your legal problem and geographic location. Each case is limited to three (3) referrals. The program does not establish fee schedules. It is up to the client to negotiate a fee with the attorney that is mutually acceptable.
(603) 225-3350
Primarily serving Merrimack County, students of the Franklin Pierce Law Center provide legal services to low-income clients under the supervision of lawyers and center faculty. Cases handled by the clinic include consumer fraud, foreclosure and debt collection, landlord-tenant disputes, bankruptcy, and issues of small, nonprofit organizations.
(800) 834-1721
(603) 228-0432
DRC provides representation to individuals with disabilities in legal and administrative matters that arise because of their disabilities. Low-income persons are provided with free legal services; and others with higher incomes may be asked to pay for some of the cost. DRC does not charge for brief assistance of less than two (2) hours. For assistance, call 800-834-1721 or 603-228-0432.
SENIOR CITIZEN LAW PROJECT (SCLP)
(888) 353-994 (in-state only)
(603) 624-6000 (Manchester)
Operated by NEW HAMPSHIRE LEGAL ASSISTANCE, SCLP provides legal counsel, advice, representation, and referral in non-criminal matters to New Hampshire residents who are at least sixty (60) years old. SCLP also operates a toll-free statewide Advice Line. Services are free to seniors regardless of income.
This state agency is dedicated to eradicating discrimination based on age, sex, race, religion, color, marital status, familial status, physical or mental disability, national origin, or sexual orientation. The Commission is mandated to investigate complaints about and to enforce statutes relevant to employment discrimination; housing discrimination; interference, coercion, or intimidation; disability discrimination; public accommodations; retaliation; complaint procedures; judicial review and enforcement; and criminal penalties.
This non-profit organization is dedicated to assisting abused and neglected children through the New Hampshire child welfare and juvenile court system. For more information, contact a CASA office near you:
The New Hampshire Coalition Against Domestic and Sexual Violence is the umbrella organization of the fourteen (14) crisis center programs throughout the state established to provide services to victims and survivors of sexual assault and domestic violence. Services through the centers are provided free of charge and are available twenty-four (24) hours a day, seven (7) days a week to all people regardless of age, race, gender, sexual orientation, national origin, religious or political beliefs, physical or mental ability, or immigration status. Crisis center services include:
Twenty-four (24) hour crisis lines;
Emergency shelter;
Emergency transportation;
Legal and court advocacy;
Hospital advocacy; and
Information and assistance in getting public assistance.
Individuals do not have to be in crisis to obtain services. A full listing of New Hampshire centers can be found on the inside back cover of this Handbook.
(603) 647-1500
IINH offers comprehensive resettlement services to refugees and immigrants in New Hampshire, including English-as-a-second-language instruction; citizenship classes; employment and training opportunities; information about health and social services; and community orientation and outreach. Legal services focus on immigration and refugee issues.
(603) 224-7005 V/TDD
(800) 947-7005 (in-state only)
The Parent Information Center provides referral, support, resources, workshops and training to parents of children with disabilities. Their mission includes increasing quality of life; promoting community awareness; and promoting parent/professional collaboration.
(603) 669-3030
One of the state's largest non-profit social service agencies, New Hampshire Catholic Charities provides counseling, parenting classes, support groups, temporary or permanent homes for children and the elderly, job training, immigration assistance, sign language classes, maternity and adoption services as well as referrals and connections to other service agencies.
(866)-634-9412
ServiceLink provides information and referrals to a network of community-based services for the elderly and their families.
NEW HAMPSHIRE DOMESTIC VIOLENCE HOTLINE
(866) 644-3574
(800) 735-2964 (TDD/VOICE)
Offers assistance twenty-four (24) hours a day, three hundred sixty five (365) days a year. Services include twenty-four (24) hour crisis lines, emergency shelters, transportation to emergency shelters, and court advocacy.
NEW HAMPSHIRE SEXUAL ASSAULT HOTLINE
(800) 277-5570
(800) 735-2964 (TDD/VOICE)
Offers assistance twenty-four (24) hours a day, three hundred sixty five (365) days a year. Services include twenty-four (24) hour crisis lines, accompaniment to hospital emergency rooms, and court advocacy.
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