Hiring a good lawyer is instrumental in helping you make wise choices

ByDavid M. Glaser, JD

Choosing the right lawyer can make a big difference to the success of your practice. A good lawyer will not only help you do things other practices avoid because of a misunderstanding of the law, but will also keep you from doing things that “everyone is doing” when they are illegal. The best lawyers will do this without costing you an arm and a leg. Here are some thoughts about retaining counsel.

When hiring a lawyer for a specific problem, ask them to describe their experience with that problem. Just like medical professionals, lawyers specialize. You don’t want me writing your will or handling your tax dispute. I have colleagues who do that. Choose an expert. In good sized law firm, that expert should be able to connect you with experts in other areas. If one person claims that they can “do it all” for you, be skeptical. The fact of the matter is that there are so many areas of law, it isn’t very realistic for one person to know them all. Even within the narrow specialty of health law, the incredibly volume of regulation makes in inconceivable that one person can know it all well.

Describe their practice

Ask who the lawyer represents. Many health lawyers primarily represent large health systems, while others represent physician groups. Many local lawyers will work with a health care client or two, but primarily represent other businesses. Ask the lawyer to describe their practice. How much of it focuses on health law? Who is their typical client?

Ask about risk tolerance and know your own. The safest thing for a lawyer to say is “no, that is illegal” or “you will lose this appeal.” Some lawyers, perhaps most, are risk adverse. That is not necessarily bad – staying out of jail is good. But you want to understand the perspective of the person giving you advice. Do they get a kick out of Russian roulette or do they think crossing the street is too risky. I try to tell people what the government’s enforcement position is, and then explain whether I think the government is right. I rarely call the government for an opinion, and if I do, I still review the underlying law. There are other lawyers who rely almost entirely on what the government says. You have to decide which approach you want, and then know what approach your lawyer will take. While I will tell clients what I would do in a particular situation, that isn’t the right test. You need to know the risks and decide how much risk you feel comfortable taking. You may opt to avoid anything the government might criticize, but there might be some risks you are willing to take, particularly if your lawyer can explain that there is a strong legal argument available. The best lawyers will really help you assess the risk.

Evaluate cost

You can and should ask how much something will cost. When you do, don’t focus on hourly rates. A low hourly rate is meaningless when the lawyer works many hours, and a high rate isn’t a problem when the lawyer is efficient. Ask for a total cost. Then find out if it is an estimate or a guarantee. I recently was called by an orthopedic group who had asked their lawyer whether they could share an MRI with another practice. The received a 10-page letter with the answer that they interpreted as “no” and a bill for $10,000. My bill for an email explaining that they could, in fact, share the MRI if they met some conditions was $850, but my hourly rate is far higher than that of the lawyer who wrote the $10,000 letter.

Don’t be afraid to hire someone who is far away. Technology, including Skype and email, make it easy to work with counsel at the other end of the country. This week I am doing compliance training for a group 1,500 miles away using a webex presentation. You may think “is the person licensed in this state?” For some things, that matters, but that list is pretty small. To appear in a state or federal court, you need a local license, or to waive in. However, for many of the things we do, you don’t even need any law degree, and much of what we deal with is federal law. Consulting-type advice doesn’t even require a legal license. If you find an out of state lawyer you like, use them. If there is a specific state law issue, that lawyer can always consult with a local lawyer.

Speak up

It is completely acceptable to treat your lawyer like a buffet. You can use some lawyers for some issues and others for other issues. You can use a great deal of legal services at some times and not at others. A good lawyer will recognize this, and even encourage it. They may even tell you “I won’t spend the money looking at this.”

Finally, if you aren’t happy with something, speak up. A good lawyer will try to keep you happy. Don’t be shy. If the advice was too slow or too expensive, speak up. That strategy can be particularly effective when you are friendly about it.

A good lawyer is instrumental in helping you make wise choices. It is worth the time to choose wisely when selecting him or her.