The need for legal representation has made the search for a lawyer to become generic – people now look for any lawyer with just enough legal expertise and think they have the best person to work for them – wrong.If you have received a notice of probate to be an executor, hire a lawyer early to help answer a few questions or to administer the probate process. Since the issue is such an important one, you need to make sure you have a list ready.
The lawyer won’t be there just for one session; instead, he will be available as a consultant on legal and financial matters for the entire probate period. Due to this, you need someone you can work with properly.
You don’t have to work with an attorney who drafted the will for the will-maker, the mere fact that the deceased person chose a particular lawyer doesn’t force you to hire the same lawyer for probate purposes.
If the original lawyer has a copy of the original will, he needs to turn it over to you so that the new lawyer gets to use it.
Finding a List of Lawyers
Finding candidates to consider for the position is an easy task. It isn’t hard to get a few names of local lawyers in New York that wish to represent your interests in probate court.
Don’t make the list too long because it will consume a lot of time to meet all the lawyers.
You can use lawyer directories to find names or get referrals from friends and colleagues. If you use the index, try and look at the different profiles of the lawyers, especially regarding their philosophy and the experience. Read any reviews left behind by previous customers to have an idea of how it is to work with the lawyer in question.
If a colleague has given you a reference, try to ask him about the experience they had with the lawyer, and what the outcome of the case was.
Don’t Opt for a General Practice Lawyer
The legal profession is akin to medicine – you are better off if you get a lawyer that is specialized in their field to handle your issue than a general one. If you have a list of lawyers, remove those that are in general practice and opt for lawyers that have experience in probate law.
The lawyer you choose should have experience in handling the kind of issue you have at hand.
Interview the Lawyers One By One
Once you have narrowed down the list to a few lawyers, the next step is to meet face to face with them to understand what their philosophy is.
When you meet, let it be known that you haven’t made up your mind yet, and you plan to talk to a few other lawyers before you choose the best for the task. Then inquire about the steps that the lawyer uses to handle probate issues.
Remember that every lawyer wants to handle your case, and the competition between them is fierce. Don’t make it seem that you have accepted the offer of the lawyer because he might start harassing you to give him documents, so he starts working.
Some of the questions you need to ask the lawyer include:
- What is your percentage success rate? The lawyer needs to tell you how many cases he has handled successfully out of all the cases.
- The mode of payment, whether hourly, a flat rate or as per the task.
- If I wish to handle some of the tasks on my own, will you guide me?
- How long will you handle the case through probate?
- What is the cost estimate?
The questions you ask need to relate to your upcoming experience in the case and the outcome of the case.
The responses to the questions will determine who you choose.
Choose the Best
Now that you have interviewed all the lawyers on the list, you need to narrow down to one that is fit for you. Look at a person that is a good fit for your situation, and then prepare your paperwork so that you start handling the process with the lawyer at hand.
Finally
Once you choose a lawyer, tell them clearly that you have chosen him to represent you in the probate process. He will give you his requirements and ask you to sign an agreement letter. Take time to plan for the probate process to make it easy for the two of you.
