All I need is a really simple will to make sure my evil half-brother doesn’t touch a penny of my money if I get hit by a bus. Nobody I know has a lawyer they like, though (I hardly know anybody with a will for some reason) and you don’t want to pick one out of the phone book, do you? (Or, shudder, those TV guys?)
I mean, surely anybody with a law degree can do what I need done, but how do you pick one? How much should it cost to draw up a really simple will (and I guess a medical power of attorney and living will) and file it or whatever? Will a fancy lawyer charge more?
In the UK they sell DIY will kits, where you fill out the relevant bits, get someone to witness it, and hey presto, you’re done. Do they have something similar in the US? A template or something? If not, I can’t imagine it would cost much to get a lawyer to do you up a will - but a fancy lawyer will probably cost more than a non-fancy one.
I work for a good lawyer, but he doesn’t do that kind of work. But he knows other reputable lawyers who do, so I’d ask him. In my experience, reputable lawyers in one area of law generally know other reputable lawyers in other areas of law. So, do you know (or know someone who knows) a good lawyer in a different area of law?
most of the phone book guys (at least the ones with the ads that dominate 95% of the page) and the TV guys do plaintiff’s work. An attorney specializing in trusts in estates is not going to use that form of advertising. A general practitioner capable of doing a simple trust or estate won’t, either.
The lawyer referral service is your best bet. If your state has certified practice areas (some states “certify” lawyers in various areas) then you can narrow your search down even more (but you may be paying for a premium that isn’t warranted, esp. if you truly have a simple estate)
If you have a trusted financial adviser or CPA that you go to, they would invariably be in contact with estate lawyers as their professional areas somewhat overlap.
Don’t usually need to file a will (if you do probably not much money, like under $50). Drafting charges vary, but I would think 250-1000 would be sufficient for 95% of cases, depending on the area.
No, but an experienced one will. More experience = more money, generally.
oh, p.s.: while you probably won’t wind up with one if you use a referral service, if you go to a large firm, you pay more for those guys, too, as they have far greater overhead.
Reputable lawyers know other reputable lawyers, but whether (as some sort of axiomatic generalized rule) Lawyer X can say with any sort of definitiveness whether Lawyer Y is a good practitioner in an area of the law that X knows nothing about is a facially questionable assertion. Again, they can attest to their general reputation, sure, but they probably won’t be able to tell you "this guy is really good at doing Law Z " and know if their assessment is correct - how could they?
You can get DIY will kits, but wills are technical. Miss a detail in the execution, and you may find yourself intestate. And if you’re trying to specifically disinherit a relative, there are other pitfalls. Use the Lawyer Referral Service; a basic will shouldn’t cost much, and is well worth it.
Well, if someone came to me and said, “I need a good immigration lawyer,” I can think of a few people I went to law school with who I’d recommend. I’m not an immigration lawyer myself, but I did other work with these people, and I know them to be hard-working, honest, careful lawyers. I can’t assess them necessarily as “immigration lawyers” - but I know they’re good lawyers practicing immigration law, and so I feel confident in assuming they’d make themselves into good immigration lawyers.
I would just parse out “I need a good lawyer who does immigration law” from “I need a good immigration lawyer”
maybe that’s overly pedantic, I dunno. If someone asked me such a thing, I would refer them to the lawyer I knew to be a hard worker, but I would invariably add some sort of proviso stating that I didn’t know if that attorney was best suited for your legal issue or something to make it clear that I wasn’t basing my referral on my knowledge of his substantive legal work.
(but I would agree that it’s better than nothing, or even better than a lawyer referral service as you have a personal attestation from someone)
Well, to me, part of being a good lawyer is knowing one’s limitations. I know when my boss recommends other lawyers to his clients, he will tell them to ask whether the specific issue is one the referred lawyer specializes in, and he wouldn’t recommend someone who he didn’t believe would give a straightforward answer to that question. Or, to give another example, there are tax, employment, family law, etc. issues which touch on immigration, but unless it’s a really simple question, my boss frequently tells clients that the issue is outside his area of expertise and they should consult a tax attorney or whatever.
I know of some that I would not recommend from knowing them in law school and after. :eek:
Call your local bar association is my advice. Check their disciplinary history, not a guarantee but at least you know what you are getting into. My will was done by the lawyer who does my taxes, he is also a CPA. Got wills, trusts, poa, and the whole kit and kaboodle for my wife and I. Cost was under a thousand, and I consider it worth it.
I think you can get all of that on Nolo’s DIY site:
Nolo used to have a print book with a handy CD for the forms, but I think WillMaker has been bought by Quicken. you might be able to to find the old version at your local library.
You’re right that the way to find a good lawyer is to ask your friends. If you can’t get a recommendation for a lawyer in the area you need, ask for any lawyer, and then ask that lawyer for a recommendation/referral. Lawyers that have been in business a number of years collect people they can refer to in a variety of areas. Remember to reach out to a variety of other people – your hairdresser, your mechanic, etc. They may know someone.
If the word of mouth approach doesn’t work, find out if your state has certified legal specialists. A certified legal specialist is a lawyer who passes some kind of certification (varies by state) that generally involves a test of specialized knowledge. California has such a creature; assuming the OP is in South Carolina, it appears SC does not.
You should also check your state bar’s website to see if they have resources. California, for example, has sample wills and advance health care directives that a California resident can download and fill in (for free!) that are statutory and therefore presumptively approved.
South Carolina’s website doesn’t appear to have statutory wills, but it does have the statutory health care directive form. (They also have a good elder law brochure that has information about how wills, etc. work.)
But if you still need a lawyer, your best bet is to interview a number of lawyers; look for someone who specializes in what you need, who has done it for a number of years, and who seems trustworthy. Ask for references and talk to other clients to find out if the lawyer delivers. Good luck!
I really think I ought to get a lawyer instead of just doing a kit will, partly because I’m very serious about the evil brother thing and partly because I currently live with a long-term boyfriend in a house that’s mine, and if I got hit by a bus tomorrow I’d want him to be provided for. Not to mention advanced health care directives, since I know my mom would keep me on the machines indefinitely.
do you know any young couples who just had a baby? that’s a prime group of people who get wills done, so they might be able to refer you to their lawyer.
or, do you have an insurance broker for your house insurance? insurance brokers may be able to refer you to a lawyer who does wills and estates, because there is some overlap there as well.