Finding the Right Lawyer for YOU: Navigating Private Attorney Selection
The Legal Assistance Office on Fort Bliss is dedicated to supporting the legal readiness of servicemembers, retirees, and their families. We handle a wide variety of issues, from drafting wills and powers of attorney to advising on landlord-tenant disputes and family law matters. However, there are times when a client’s legal needs fall outside the scope of what we can provide by Army regulation 27-3, or when the client’s situation is so unique that private representation is highly beneficial.
Under AR 27-3 (The Army Legal Assistance Program), military legal assistance attorneys are generally prohibited from representing clients in civilian courts, handling private business matters, or taking on fee-generating cases (like personal injury lawsuits). When you are faced with certain legal challenges, such as a complex divorce, a criminal charge off-post, or a significant financial dispute, a client will need to hire a civilian attorney. Transitioning from free military legal assistance to navigating the civilian legal market can feel daunting. Here is a guide on how to shop around, understand the costs, and find the right attorney for your specific needs.
How to "Shop Around" for the Right Fit
Finding an attorney is a lot like finding the right doctor or mechanic; you want someone who is experienced, communicative, and trustworthy. You do not have to (and generally should not) hire the first attorney you find. The State Bar of Texas offers a Lawyer Referral Information Service where you can find the names of various attorneys and their related subject matters. Additionally, local bar associations often have their own referral networks. If your issue is in another state, check that state's bar association website.
Overall, you will want to look for experts instead of generalists. Law is incredibly complex. If you are facing a child custody battle, look for a dedicated family law attorney, ideally one who understands military benefits and pensions. If you were injured in a car accident, seek a personal injury lawyer. If you are not sure what area of the law your issue falls in, asking the Fort Bliss LAO for a general direction can be helpful.
Do not be afraid to get multiple opinions from a variety of different attorneys before you make your official hire. Many attorneys offer free or low-cost initial consultations. Use this time to interview them. Ask about their experience with cases like yours, their familiarities with military clients, and how they prefer to communicate. This can include doing your own research into the attorney and their disciplinary records. You can look up any attorney on the state bar’s website to ensure they are licensed and in good standing, with no history of ethical violations.
The Process of Hiring an Attorney
Once you have identified a few potential candidates, the hiring process begins with the initial consultation. Bring any relevant documents (contracts, court summons, police reports) to this meeting so the attorney can accurately assess your case. If you both agree to move forward, the attorney will provide a Representation Agreement or Retainer Agreement. Read this document carefully. It dictates the scope of the attorney's work, how they will be paid, and what is expected of you. Do not sign it until you understand every clause. Once signed, you have officially hired your lawyer, and attorney-client privilege is fully cemented (though confidentiality applies to your consultations as well).
The Impact on Your Finances: How You Pay
Perhaps the biggest shock when moving from military legal assistance to the private sector is the cost. Legal representation is an investment, and it is crucial to understand the different payment structures before you commit. For ongoing issues like family law or civil litigation, attorneys usually charge by the hour. You will likely be required to pay a "retainer" up front, which is a lump sum of money placed into a trust account. As the attorney works on your case, they bill their hourly rate against that retainer. If the retainer runs low, you will have to replenish it. If the case is resolved and there is money left over, it is refunded to you. For straightforward, predictable matters such as an uncontested divorce, a simple bankruptcy, or drafting a trust, an attorney might charge a flat fee. You pay one set price regardless of how many hours it takes.
Common in personal injury or medical malpractice cases, a contingency fee means the attorney gets paid a percentage (often 33% to 40%) of the money you win in a settlement or court judgment. If you lose the case, you generally do not owe the attorney for their time, though you may still be responsible for court filing fees and administrative costs.
Ultimately, you need to feel comfortable with the person advocating for your rights, your finances, or your freedom. Pay attention to how they treat you during the consultation. Do they explain things in a way you understand? Do they set realistic expectations, or do they make impossible promises?
Remember that the Fort Bliss LAO is always a great starting point. Even if we cannot represent you in court, we can often help you understand the nature of your legal problem and point you in the right direction to find a civilian attorney who can. Additionally, we have a list of attorneys in both the El Paso and Las Cruces area that specialize in specific areas of law.
To speak with an attorney in the Fort Bliss LAO on this or any other topic, please schedule an appointment by emailing usarmy.bliss.hqda-otjag.mesg.bliss-legal-assistance-office@army.mil at any time or by calling (915) 568-7141 during business hours. If you only want a referral list for local attorneys, you can request that when e-mailing the LAO or you can stop by our office on the first floor of Building 1741 on Marshall Road during our hours of operation without an appointment and the personnel at our front desk can give you one.
1st Lt. Clayton M. Lawing, Fort Bliss Legal Assistance Office