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August 2004
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You have a right to a good attorney

Did you hear the one about the real estate agent who didn’t know if she needed a lawyer? What about the one where the broker wasn’t sure how to hire a good attorney? Neither situation will make you laugh if you’re the person involved.

You’ll likely know it when you require the services of an attorney. The possibility of facing liability or jail time strongly suggests that you could benefit from an experienced lawyer on your side. But if you’re not certain where you stand in a legal matter, you might want to call the Texas Association of REALTORS® Legal Hotline. This free member service gives REALTORS® access to an attorney who can discuss real estate law and related matters. While TAR lawyers cannot represent you, they can discuss whether your situation warrants hiring legal representation. (You will also find a selection of legal reference materials and answers to frequently asked questions on TexasRealtors.com.)

How do you find a good lawyer? Ask around. Getting a referral from another real estate professional can put you in touch with a good attorney. But be specific. A fantastic recommendation may do you no good if that person is a divorce lawyer or even an excellent closing attorney. You will want someone who has handled cases similar to yours.

If you can’t get a suggestion from a colleague
or friend, most local bar associations make referrals. These services recommend a lawyer who has met screening criteria for a specific area of law. You then can set up a 30-minute consultation with that attorney, for which you pay a nominal fee. (Find a list of these referral services on TexasBar.com; look for the Get a Referral link at the bottom-left portion of the page under Find a Lawyer.)

If you want to research that person before making contact, you can look on TexasBar.com for details about a lawyer’s practice, education, and any disciplinary actions. You can also search Martindale.com for similar information plus ratings—submitted confidentially—by other lawyers and judges.

When you talk to the lawyer, the first question you probably want to ask is, “Have you ever handled anything like this before?” The more experience—with favorable outcomes, of course—the better. Don’t discount your instincts, too. If you don’t think the attorney’s approach suits you, you may want to look elsewhere.

Make sure you get a clear understanding of costs. Find out how the attorney charges, and, if by the hour, get an estimate of the number of hours required for your case. Keep in mind that attorneys, like the rest of us, often underestimate how long things will take. An engagement letter or other written document will spell out precisely what and how the attorney charges.

Regardless of the method of compensation, hiring a lawyer is almost always expensive. So, consider investing some time and money to educate yourself or train your agents how to reduce risk and avoid situations where you will need to pay for professional legal representation.

Photo © Getty Images.

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