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How do you choose a lawyer?

justginger

Ideal_Rock
Joined
May 11, 2009
Messages
3,712
My poor brother has his hands full with the process of probate. It is crystal clear that he will need a lawyer for estate matters, including the determination of what qualifies as joint assets, debts, etc -- and what to do about them all. He's completely lost and I'm determined to get a very good plan in place before leaving here.

How does one go about picking a lawyer? Obviously in this case we need a probate and estate lawyer, but it seems that all firms all claim they do EVERYTHING. Are there any specific questions I can ask to separate out one that is more specialized in this area? And how do you know you're getting a good one? I actually checked Yelp for reviews, lol - there aren't any (no surprise). I have no doubt that, like with any other profession, there are the good and the not-so-good - it is very important that I get him into a business relationship with a good one, as he is in such a sore place now, emotionally and financially.

Do you have any tips for questions to ask, or red flags to watch for, during an initial consult?
 

JewelFreak

Ideal_Rock
Joined
Sep 3, 2009
Messages
7,768
I'm sorry you all need to go through this. It's tough enough. Much dust for you.

I found the following on Forbes Magazine website. They suggest asking your employer -- some apparently provide legal references -- but from my own experience as executor of 2 different wills, if your brother has an accountant, that's a good place to start. Accountants work closely w/lawyers often & are a source. Other advice from Forbes:


"You can try your state or local bar association’s lawyer referral service. This will at least provide you with local attorneys who practice in the area that you need. You can find your local site through the American Bar Association’s national Lawyer Referral Directory.

Once you’ve found some prospects, don’t just hire one because they happen to be first on the list. Choosing the wrong attorney can end up costing you a lot of time and money so you’ll want to interview at least 3. First, make sure the attorneys actually offer the service you’re looking for. Second, check your State Bar’s website to see if any disciplinary actions have been placed against them. You can then ask them some questions:

Who exactly will I be working with? You don’t want to find an attorney you really like only to discover that you’re handed off to a junior associate who you don’t like so much.

What are your credentials? Every lawyer admitted to the bar in your state is technically qualified to practice law but they may have also obtained a specialization, a credential like the AEP designation (Accredited Estate Planner), or an LLM (Master of Laws) in an area like tax law.

How much experience do you have working with clients like me in similar situations? You don’t necessarily want your son’s friend’s DUI lawyer drafting his first trust for you.

How would you be paid? If you’re paying a fixed fee or an hourly rate, you’ll want some idea of what this would cost you and whether it’s worth it.

Do you have any questions for me? A good attorney will be focused on your situation and needs rather than theirs.

Finally, you’ll want to work with someone you like and trust so don’t discount the importance of personality and personal chemistry. In any case, I hope these tips help you choose a good attorney."

Good luck!! Hope this helps.

--- Laurie
 

Efe

Brilliant_Rock
Joined
Aug 8, 2006
Messages
774
I am sorry for your brother's loss. The suggestion of a referral through his accountant is a good one. You can check www.martindale.com for education, areas of practice, and peer ratings of licensed attorneys in his state. Hope this helps.
 

missy

Super_Ideal_Rock
Premium
Joined
Jun 8, 2008
Messages
50,583
Ginger, what city does your brother live in? I could ask my dh if his firm has any recommendations if you would like. Thinking of all of you and keeping your brother and his children in my prayers.
 

justginger

Ideal_Rock
Joined
May 11, 2009
Messages
3,712
Thank you, JF and Effe - birth tips were very helpful. I did a lot of Googling in the early hours this morning and found who I thought would be good. He has no disciplinary action via the Bar, and his peer review on Martindale is 5/5 (client review is 4.9/5). He seems great. His initial consult is $200, while others are free -- but my gut feeling is the others will get that extra $200 one way or another, you know? For estate matters after the initial consult, the woman said 90% of the cases are just a set, flat fee - not hourly. It would be nice to know from the very start exactly how much we're spending instead of hoping for the best and getting a nasty surprise.

Missy, it would be lovely if you were to ask your DH. We are in the vicinity of Dothan, AL. The firm/lawyer we are considering is Shimoda Law Firm - Nick Shimoda.
 

NovemberBride

Brilliant_Rock
Joined
Jun 26, 2006
Messages
962
JG,

I am also a lawyer (although not a probate or estate attorney, but I do know a fair bit about it). I wish I knew someone to recommend to you in that area but unfortunately I do not. One question, I assume your brother's wife did not have a will? If she did, your brother does not have to worry about probate as the estate would be administered through the will. Even if she did not have a will, assuming she and your brother were legally married and she does not have any children that are not fathered by your brother, the probate of the estate should be very simple (in almost every state, all assets would pass directly to your brother). Debts that were hers alone would be paid out of the estate before it passes to your brother, but unless they are joint debts, they will not become his debts if the estate does not have sufficient assets to pay them off. It sounds like you have taken all the right steps to find somebody that will help you, and I can confirm that it is standard to pay a flat fee for this type of legal service. I would suggest that your brother gather as much information as he can before the initial consultation to make it as helpful as possible. If he can, he should bring:

-his wife's ID and SSN
-a copy of a will, if any
-most recent account statements for all accounts (savings, checking, retirement, etc)
-copy of mortgage note and most recent mortgage statement (if any)
-copy of most recent bills/statements for any other debts (auto, student loan, credit cards, etc).

I would just ask the attorney to walk your brother through the process, including a timeline for completing the probate process.

I am so sorry for what your brother and your entire family are going through. One more thing, if your brother's wife did not have a will I assume your brother didn't either. If you do nothing else, please convince him to do his estate planning as soon as possible. He is now a single father and he needs to make sure that he has everything in order. He can use the same attorney he uses for the probate work to do his own estate planning and should ask for a full estate planning package (will, possible a trust for the children, advance directives, etc). In my major metropolitan area, someone with a fairly straightforward estate can get that done for approximately $1000-1500, so that should be more than doable in AL.
 

marymm

Ideal_Rock
Premium
Joined
Apr 21, 2010
Messages
5,110
justginger|1390833809|3601995 said:
Thank you, JF and Effe - birth tips were very helpful. I did a lot of Googling in the early hours this morning and found who I thought would be good. He has no disciplinary action via the Bar, and his peer review on Martindale is 5/5 (client review is 4.9/5). He seems great. His initial consult is $200, while others are free -- but my gut feeling is the others will get that extra $200 one way or another, you know? For estate matters after the initial consult, the woman said 90% of the cases are just a set, flat fee - not hourly. It would be nice to know from the very start exactly how much we're spending instead of hoping for the best and getting a nasty surprise.

Missy, it would be lovely if you were to ask your DH. We are in the vicinity of Dothan, AL. The firm/lawyer we are considering is Shimoda Law Firm - Nick Shimoda.

I work in legal support on the west coast and while I have no referrals for you, I did check on Mr. Shimoda. He went to law school in AL and practices in AL so he should be familiar with AL state law as well as federal law. He joined the AL bar in 1993 so that makes him an attorney with some years of experience. Based on his website, his practice seems focused on elder care/estate planning, and his resume looks excellent: in particular, his LL.M in Taxation is a positive indicator he should have the necessary skills to help your brother (I pulled this from wealthcounsel.com)

ABOUT
Education:
Auburn University (B.S. Economics, 1990)
The University of Alabama (J.D. 1993)
The University of Alabama (LL.M in Taxation, 1999)
VA Accredited

Honors:
John A. Campbell Outstanding First Year Advocate

Admitted:
The Supreme Court of the United States
The Supreme Court of Alabama
U.S. District Court, Middle District of Alabama
U.S. District Court, Northern District of Alabama
U.S. District Court, Southern District of Alabama
U.S. Tax Court
Veterans Administration Accredited

Memberships:
Alabama Bar Association
Houston County Bar Association
Wealth Counsel
Elder Counsel
Advisors Forum
National Academy of Elder Law Attorneys (NAELA)

Publications:
PRACTICE AREAS
Asset Protection Planning, Business Entities & Succession Planning, Charitable Planning, Elder Law/Medicaid Planning, FLP & LLC Planning, Gift and Estate Tax Planning, Planning for Affluent Families, Planning for Non-traditional Families, Probate/Trust Administration, Values-Based Planning, Wills & Trusts
LICENSED IN
Alabama
 

ame

Super_Ideal_Rock
Joined
Jul 7, 2004
Messages
10,794
Doh, I was hoping you were homehome, I was going to give you a couple suggestions locally, as two of my cousins practice probate and elder law. I don't know if they're licensed in AL though, they'd be licensed at homehome.
 

missy

Super_Ideal_Rock
Premium
Joined
Jun 8, 2008
Messages
50,583
Ginger, my dh spoke with the dept head of trusts and estates at his firm and while she didn't know anyone personally she did research on the guy you are thinking of using and gives him a thumbs up if the estate is under 5 million. If it is over 5 million she could have another look and find someone for your brother in Montgomery. And in that case you want someone who is a member of the American college (academy?) of trust and estate lawyers (or something to that effect). I was taking notes as he was telling me what she said. But in any case it looks like the person you found is good and he was an attorney for Walmart in the past fyi.

Good luck and please let me know if you need further info. I don't think I have your email but Circe has mine and I think you have hers.
 

FrekeChild

Super_Ideal_Rock
Joined
Dec 14, 2007
Messages
19,456
Just keep in mind, that with law, you get what you pay for!

I'd suggest going to the $200 per consultation attorney over the free ones, any day of the week. If they can't help you, they can point you in the direction of someone who can.
 
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