How to find a good lawyer when moving to a new state

By ALAN S. NOVICK
Tuesday, November 21, 2006
Do I need a new will? Do I need a new lawyer? How do I find the right lawyer for me?

These are three of the most frequent questions posed by retired persons who move to a new state. In some cases it may not be an absolute necessity to have a will at all, or to have a lawyer. However, there are valid reasons for having a will, and for having the right lawyer advise you.

Finding the right lawyer, like finding the right physician or architect depends first on defining the task for the professional to perform.

In choosing any professional adviser, the attributes of education, experience, expertise, and absolute trustworthiness are essential. The reputation that the lawyer has within the legal community, and the general community is a good starting point in the search for a lawyer.

If a person already has a will and other estate planning documents like a durable power of attorney, one or more trusts, and some form of living will or health care declaration, then he already has had experience with a personal lawyer and that lawyer is a good source of information and guidance in looking for a lawyer in a new location.

The hiring of a lawyer should not be based on advertisements alone. Write or call for written information describing the lawyer's qualifications and experience.

To check on qualifications, an inquiry into possible specialist certification should be made. In some states, the state bar association will have a list of lawyers who have been certified as specialists in various areas of the law, including estate planning, wills, trusts, probate matters and elder law.

The state bar association can provide information on whether the particular state has a certification program that will list attorneys who have met the requirements to be certified as specialists. If so, the bar association should be able to provide the prospective client with a list of certified lawyers in his new location.

If a state does not have a certification program, it may have a referral service sponsored by the bar association. This service will generally list lawyers who practice in particular areas of the law, but it does not mean that they necessarily have special qualifications. In these instances, the client should make an independent examination of the lawyer's background, reputation, education and years of experience.

A lawyer must have a degree from a law school to practice, but she may also have graduate degrees such as a degree of Master of Laws in Taxation. In addition to degrees from law schools, it is also important that a lawyer has kept up her knowledge by attending continuing legal education courses.

Find out if the new lawyer has attended seminars in her field, and also whether she has lectured, or published any articles in the field. If possible get references from existing clients, bank and trust officers with whom the lawyer has worked in the past.

Finally, in making an appointment for an initial interview with a lawyer, the client should ask or be told what the initial charge will be, and no later than the end of the first meeting, the client should obtain a written description of what services are to be performed, and what the basis for fees will be for future legal work and advice.

(Attorney Alan S. Novick is a wills, trusts and estates lawyer. E-mail estate planning questions to an304(at)aol.com.)