FAQ

Jump To One of the Questions Below:

What is the best way to find a good lawyer?
What is a reasonable fee?
Can I fire my lawyer if I don’t like him?
What if I have a complaint about my lawyer?
What is the difference between a civil and a criminal case?
Should I try to settle my own criminal case?
Should I call the bail bondsman as soon as I am arrested?
What should I do if I have a warrant for my arrest?
Should I have a lawyer for my traffic ticket?
If I am stopped for a DUI what should I do?
Can I find out who is in jail and what their charges are?
Does the San Diego Superior Court have a web site?

What is the best way to find a good lawyer?
I get asked this question a lot. But, finding a good lawyer is a lot harder than most people think. What can you learn from an ad in the yellow pages or television commercials? There are literally hundreds of pages of attorney ads in the Yellow Pages. While these types of ads are powerful and reach a lot of people, you still end up with someone you have never seen before and whose qualifications to represent you are completely unknown. If I needed a lawyer I would look the same way I look for a good doctor, dentist or mechanic. I would ask someone else. Usually, a friend has had a good experience with a lawyer (or a bad one) and can make a recommendation. Also, I would look for a lawyer who had a broad range of experience. Often times a person thinks they need a personal injury attorney but not all injuries are the same and some lawyers are better at handling slip and fall cases or automobile cases. Another good way is to call around and see who calls you back or who you can reach on an initial call. Are you treated courteously? Can you get an appointment quickly? Will you be seeing a lawyer or a paralegal? Most importantly, what are the lawyer’s fees? Is he/she reasonable based upon his/her experience?

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What is a reasonable fee?
I can tell you I have heard horror stories about fees that lawyers charge. I don’t think legal fees for doing a divorce between a couple in a 10 year marriage with three kids should be $100,000. Fees in that type of case should not be more than $7,500 for each client unless you, as the client, are on the phone all day and make tons of demands that generate a lot of work for the lawyer. Don’t be afraid to ask a lawyer what he charges. If he has been in practice 10 years or more, it is likely that he has sufficient experience such that he will be able to handle your matter with less work and effort. So he can justify a larger hourly fee. But, he should not charge you for ever second of every phone call. Nor should he charge you for work that his secretary does. If you think his fees are too large for the work he will be doing, say so and ask him to charge you less. Often times he will.

As far as criminal cases go, most lawyers charge a flat fee. They will ask for a substantial retainer up front and some like me, allow for payments. Those fees can be negotiated as well. My Vietnamese clients are never afraid to ask about discounts, lower fees or graduated fees. You can expect that if the charges against you are serious, and you are facing time in prison, the lawyer’s fees will be more. He will spend more time on your case making sure that noting is forgotten, nothing left to chance. In criminal cases, I would avoid the “mills”, i.e. firms that advertise heavily. Most of your fees go towards paying for advertising to get other clients.

In personal injury cases, lawyers usually charge a contingent fee. That means the lawyer gets part of the money paid out in a settlement. You don’t pay him any fees until the case concludes. Usual percentages for contingent fees are graduated: 20% before filing a lawsuit, 331/3 % after filing a lawsuit and 40% if the matter goes to trial or arbitration. This is often an awkward arrangement unless both you and your lawyer are on the same page. Nothing is worse than being divided on what your case is worth and when and if to settle or go on to trial. Often a good mediator will have a better feel for the value of your case since he has seen so many. Also, be aware that contingent fee cases do no mean that you don’t pay anything. Costs such as depositions, medical records and expert witnesses can be very high. Expect to pay $30,000 or more for cases that end up in trial.

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Can I fire my lawyer if I don’t like him?
Yes. The attorney-client relationship is very personal You need to trust and have him/her trust you. If your lawyer does not return your calls, fails to give you updates on your case or simply does not seem to be working on your case, get a new one. It can be awkward but if you delay in making a decision you could lose your case. Also, your new lawyer will do all the contacting of your former lawyer.

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What if I have a complaint about my lawyer?
Complaints to the California State Bar are taken very seriously. Each complaint begins with a letter to the lawyer who is asked to respond to the complaint. If the lawyer does not respond or his response is not satisfactory, further proceedings are held until the Bar gets to the bottom of the matter. You can look your lawyer up on the California State Bar web site at www.calbar.org. Just type in his name and you will get lots of information about him including his status, whether he has had any discipline imposed, his address and telephone number, law school and years he has been admitted to practice.

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What is the difference between a civil and a criminal case?
Civil cases are usually filed by a private person or company suing another person or company for money. Divorces are also civil cases asking the court to terminate the marriage and divide the community property assets and to award child or spousal support. Other types of civil cases are probate cases to settle estates, petitions for conservatorships and property disputes. In fact, most cases are civil in nature. Not all civil cases will have their outcomes determined by a jury trial.

Criminal cases are filed by a government entity, Federal, State, County, or City to prosecute persons for crimes. The goal of these prosecutions is punishment. In each and every criminal case, the defendant is entitled to a jury trial.

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Should I try to settle my own criminal case?
No. Serious negative consequences can occur if you go to the victim in your criminal case and try to settle with him/her. This problem occurs in domestic violence cases, too often. You can be charged with a crime of dissuading a witness, another felony if you even try to talk to a witness or victim in your case. Leave it up to your lawyer to make the contacts. He will send his investigator out to interview the witnesses.

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Should I call the bail bondsman as soon as I am arrested?
The answer to this question depends on how wealthy you are. If you use all of your assets to get out of jail, what are you going to use to stay out of jail? If you have limited means to hire a lawyer, wait for a few days. You will be taken in front of a magistrate within 72 hours for an arraignment. If you have hired a lawyer by then he can ask the judge to let you out of jail or to lower your bail. The judge will usually lower the bail substantially. Then you can bail out for a lot less money. Also, as far as bail bond agents go, ask your lawyer. He will usually have an agent he works with and can get a bond for a much lower fee, saving you more money.

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What should I do if I have a warrant for my arrest?
Call your lawyer. The lawyer will arrange for a surrender at a time convenient for you. A bail bondsman can have a bond ready for you to bail out if the judge imposes bail. Also, there is a strong possibility that if you do a voluntarily surrender the judge will lower the bail and even let you stay out on your own recognizance (an OR release). The courts much prefer that you don’t make the cops go out and arrest you.

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Should I have a lawyer for my traffic ticket?
Most people appear in court without a lawyer on their traffic tickets. They do a cost vs. risk analysis and decide that they can play Perry Mason for a few minutes and try to beat the ticket. Unfortunately, even though the trial is less formal in nature and most rules of evidence are not enforced, the magistrate cannot consider much of the evidence the defendant presents unless it is properly submitted so most litigants lose their case. Also, most litigants do not know how to cross examine a police officer and end up asking him the same questions all over again which just support the prosecution’s case. But, I still think it is a good idea to set your case for trial. Many, many times the police officer will not show up for your trial because he has much more important things to do, any way. The court will dismiss your ticket. So, the moral of the story is, take your case to trial and if you don’t have any confidence in your ability to present your case, call a lawyer and see if he will go to trial on your ticket for a small fee.

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If I am stopped for a DUI what should I do?
Cooperate with the police officer up to a point. You don’t have to admit that you were drinking, you don’t have to take the field sobriety test and you don’t have to follow his finger so he can check your eyes. In fact you don't have to do anything except to submit to a breath, blood or urine test and give him basic information required by the DMV. Don’t argue with the police officer, just tell him that your lawyer told you not to talk about your drinking and not to take the field sobriety test. He will threaten you with putting your refusal to do the test in his report. But, if they never file the case because they don’t have enough evidence, what is good is the threat in the long run? Besides, lots of completely sober people cannot do these tests which are really designed to make you fail anyway.

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Can I find out who is in jail and what their charges are?
Yes. The San Diego Sheriff has a web site that has lots of information about where the jails are and what warrants are active and who is in jail. Go to www.sdsheriff.net and you will find a wealth of information.

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Does the San Diego Superior Court have a web site?
Yes. Go to www.sdcourt.cal.gov You can download forms, check court calendars and get lots of useful information about restraining orders, small claims and other public interest information.

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