How to Find a Qualified Real Estate Attorney
In many states, only an attorney is allowed to prepare documents, verify title and close a real estate transaction. While other states may not require you to have an attorney, you may need to hire one to deal with complex title issues. Either way, if you need to select a real estate or title attorney, you will want only the best representation. Here are a few tips on where to look and what to ask to make sure your attorney is qualified and is with you every step of the way.
Where to Look
- Word of Mouth - Ideally, your family and friends will be able to recommend a real estate attorney. Hopefully someone you know has worked with an attorney before and has positive things to say. Talk to people in your community and ask your real estate agent as well. Don’t settle for the first recommendation you get; what works for one person may not necessarily work for you. You will still need to speak with the attorney to make sure you can get along throughout the entire process.
- Directories - If you still don’t have a trustworthy name or wish to look around further, your next best bet is to look in the directories. Martindale-Hubbel Legal Directory is the most comprehensive and trusted directory of attorneys. In addition to credentials, it has the ratings and reviews for many attorneys as well.
- Lawyer Referral Service - Although the American Bar Association and State Bar associations cannot refer you to specific attorneys or offer legal advice, they can connect you with a certified lawyer referral service. A Lawyer Referral Service is great in that it can help you determine whether or not you need an attorney to begin with. It can make an unbiased recommendation for attorneys in your area who deal specifically with real estate law. You may find out that you can get by without the help of an attorney, in which case the referral service can recommend a different type of specialist.
What to Ask
Attorneys are exceptionally busy people; it’s unlikely that you will get more than a few minutes to speak with one without whipping out your wallet. You need to ask the right questions and write down the answers. Here are a few things to look for in an attorney.
Most attorneys charge their standard rate for in-person meetings but will hear you out and answer a few questions pertaining to your case over the phone. Outline your situation and requirements to the attorney. Ask if their practice has dealt with such transactions or issues before and how long it typically takes. Ask how much they charge. Ask if they have a phone policy. Find out who else will be working on your case and how qualified they are.
What to Look For
- Personality - Go with your gut feeling on this. An exchange of very few words is usually enough to determine whether you do or do not like the person you are speaking with. Chemistry between you and your attorney can be just as important as the chemistry between you and your partner. Good rapport with your attorney can save you lots of time and money.
- Willingness - Many attorneys have so much work on their plate that they do not have room for another case and they will tell you so. Others may be equally busy but will agree to squeeze you in regardless. Pay attention to the attorney’s willingness to take you on as a client. Ask the prospective attorney how long it will take to work on your case, prepare paperwork, etc. If you are hiring an attorney for standard closing, this may not be as important as when there are complex legal issues pertaining to the property. In speaking to the attorney, be clear about what will be required of her and watch for a reaction. If the attorney shows hesitation, you may need to look further.
- Communication - Do not be afraid to ask the attorney about communication policy. Many attorneys don’t pick up the phone under any circumstance. Ask how long it generally takes them to call or email you back if you have a simple question and whether you can page someone in case on an emergency. Make sure the answers coincide with your expectations.
Agreeing on the Terms
You’re positive that you’ve found the perfect attorney so now it’s time to agree on the terms. Agree on the terms verbally before putting anything in writing. If an agreement is not offered to you, ask to have one signed. The agreement should include the fees as well as terms and conditions of your business relationship. If you are tight on money, ask about a payment plan – most offices offer a plan with monthly instalments or payment upon completion of the deal.