How to Hire a Communications Lawyer

Communications law deals with the regulations and transactions surrounding radio, television, and internet broadcasting. Lawyers are often called upon to ensure satisfactory service is being offered while complying with federal law. Besides, communications lawyers can transact for business (e.g., make a deal between a data company and a radio station). If you require a communications lawyer, find a qualified candidate by using the resources available to you. Make sure you conduct initial consultations and ask about fee arrangements as well. Be aware that while most attorneys are qualified and upstanding, there are bad lawyers to avoid.

Part 1

Part 1 of 5:

Finding Qualified Candidates

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Look for a specialist. Communications lawyers need to have a diverse knowledge base spanning multiple legal disciplines. In general, a communications lawyer will deal with legal questions about the media and communications industry (e.g., television, radio, internet). Specific legal questions might include the publication of materials, ownership of broadcasted materials, and the transactions necessary to provide these services.^{[1]XResearch source}
- Most, if not all, communications lawyers practice federal law as this is where a majority of the action is. Apart from completing transactions and bringing lawsuits, communications lawyers should also be great administrative lawyers who know how agencies regulate and enforce communications laws.^{[2]XResearch source}
2
Ask for recommendations. If you need the services of a communications lawyer, start by asking around for recommendations. Often, friends or family will know someone who can help. These recommendations are priceless and can help you get a trusted and qualified attorney.
- If someone gives you a recommendation, ask them about their relationship with the lawyer. Ask if they have used this lawyer's services before and if so how happy they were.
If you cannot get a personal recommendation, your state bar association can be an immense help in finding legal help. Every state's bar association has a legal referral service that helps match lawyers with clients. For example, in California, you can call a hotline and speak to someone about your legal problem. After answering a few questions, you will be given the contact information of multiple qualified attorneys in your area.^{[3]XResearch source}
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Review internet resources. After your initial search, use the internet to check the lawyers on your list and to find new lawyers. Communications lawyers should have robust websites because their work revolves around the communications industry, which includes the internet. Use a search engine and type in your lawyer's name. Find their personal or firm website and browse for a bit. The website should be easy to navigate and should have ample information on the attorney's background, their areas of practice, and their past cases.
- Another great source of information can be lawyer review websites like Avvo and lawyer.com. Using these websites, you can find great lawyer candidates in your area as well as reviews.^{[4]XResearch source}^{[5]XResearch source} When looking at internet reviews, be aware they are not always telling the whole story. For example, a great review may be written by a close personal friend who has never used the services and a poor review may be from someone who got great legal advice but was unhappy with the outcome.
- A site like Avvo tries to approve every review put on their site in order to ensure accuracy.^{[6]XResearch source} In addition, Avvo has their own rating system that can help you determine if a lawyer is a good choice.^{[7]XResearch source} Using sites like this can really help shrink your list of candidates.
If one of your candidates is part of a larger law firm, you should not simply judge the lawyer alone. Look at the lawyers he or she works with, the other services the firm offers, and the locations where they offer services. While hiring a lawyer from a larger firm will often be more expensive, you may also get a team of lawyers and experts working on your case. For example, larger firms may have their own investigators, discovery teams, and appeals lawyers. Paying for these services may be worth it depending on how complex your communications issue is.
After you have conducted your initial research, try to narrow your list down to the top three or four choices. While your research up to this point is valuable, you will learn the most about a lawyer by conducting an initial consultation.
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Part 2

Part 2 of 5:

Conducting Initial Consultations

After you have a short list, contact each of the lawyers and set up an initial consultation. An initial consultation is a one-on-one meeting with the lawyer to discuss your case, the lawyer's background, and the options you have. When you contact the lawyer, ask if they charge for the initial consultation. Some lawyers will offer this meeting free of charge while others will bill for it. Schedule consultations with the lawyers offering free meetings first. This way, if you find the lawyer you want to hire early, you can avoid the other meetings altogether.
2
Prepare personal questions for the lawyer. Before you attend your initial consultation, you need to prepare thoroughly to ensure you get the most out of the experience. If you do not prepare questions ahead of time, or fail to ask all of the pertinent questions, you may not get a good sense of the services an attorney can offer you. The first type of questions you should ask help you determine if the lawyer is a good personal fit for your case. For example, you might ask:
- How long the attorney has been practicing law, and specifically how long they have been practicing communications law
- How many cases they are currently handling, and whether they can give their attention to yours
- Who they usually represent (e.g., the government, business owners, users)
- How good of a relationship they have with other lawyers, judges, and agency employees in the community
- Whether they work with a team of lawyers or if they will be handling your case alone
- Have they ever been sued for malpractice or do they have any history of discipline
3
Plan to ask questions about your case. In addition to more general questions, you should also be prepared to talk about your case. When you go to the meeting, you should know as much about your legal issue as possible. This will make it easier for the lawyer to provide helpful answers. If you are paying for the meeting, ask as many questions up front as possible to make sure you are getting the answers you deserve. Common questions include:
- Have they ever dealt with the Federal Communications Commission
- Do they deal with the specific radio station or television station your case is about
- What is the timeline for your case
- When can the lawyer expect to get started
- What will the lawyer do to get the result you want
- How strong is your case
- What are the chances of success
- Has the lawyer ever handled cases similar to yours
- Does the lawyer foresee any issues with your case
4
Ask about the lawyer's insurance. Every lawyer should have insurance that covers professional liability and malpractice claims. While you hope your attorney will do a good job and they will not have to use their insurance, you want to make sure it is available. If your lawyer makes a mistake that costs you the case or business transaction, you may have to sue them to collect damages. If the lawyer does not have insurance, they may not have any money to pay you.
- Malpractice and liability insurance will help cover the cost of mistakes. Always make sure your lawyer has enough coverage to deal with any possible losses you might incur.
5
Gather documents. Lawyers love documents that can help them understand your legal issues more clearly. As a non-lawyer, it can often be difficult to put your concerns into the legal terms your lawyer will need to put them in. Documents can help them understand exactly what you are trying to do. Make copies of all the documents you have and give the to the lawyer when you meet with them.^{[8]XResearch source}
- Never give the lawyer originals. Those are for you to keep. However, if you are unable to make copies before the meeting, bring the originals and ask if the lawyer can make copies for you.
6
Go to your consultation. Attend your consultation on the day agreed upon and come ready and prepared to ask your questions. You should dress professionally as this is not only a test for the lawyer, but also for you. Remember, a lawyer does not have to accept any client they do not want to. In addition to dressing professionally, bring a notepad and a pen and be ready to take notes. Initial consultations will give you your first taste of representation and you will want to remember what the lawyer tells you.
- Make sure you are honest and open with the attorney. It is imperative you do so if you want to get the most accurate information possible. Remember, any conversations you have with the attorney are private and cannot be discussed without your permission.^{[9]XResearch source}
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Part 3

Part 3 of 5:

Considering Fees

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Look for free legal help. If you cannot afford to pay an attorney for their services, you may be able to get legal help for free. Most communities will offer some form of legal services, but it is your job to find them. Legal aid agencies will often provide limited legal services to those who can prove a financial hardship. Most of these offices will only deal with housing and public benefits issues, which means they may not accept clients with communications law questions.
- A great opportunity for free legal help may be through your local law school. Law schools will often offer their students an opportunity to take part in legal clinics, which involve taking on actual cases in a certain area of the law. All of the work is conducted by law students but overseen by a qualified attorney. If you live in an area with a law school, contact them to see if they have a communications law clinic. If they do, ask how you can apply for help.^{[10]XResearch source}
2
Inquire about sliding fees. If you do not qualify for free legal services but you cannot pay hundreds of dollars in hourly fees, you may be able to reach out to nonprofit law firms offering their services on a sliding fee scale. If a law firm is operating as a nonprofit, they will usually offer services for a fee solely based on your ability to pay. The more money you make, the more you will pay for the services. In this way, the wealthier clients subsidize the lower income ones.
- Fees often range from $60 to $145 depending on your legal issues and the money you make.
3
Understand the most common fee arrangements. If your income is high enough that you can afford the most common lawyer fees, you will usually see them in the form of hourly fees, flat fees, or contingency fees. Also, a lawyer may ask for a retainer fee in addition to having one of those fee arrangements. A retainer fee is an up front fee charged by the lawyer to cover legal work to be done in the future. For example, your lawyer may charge an hourly fee and ask for an upfront retainer to cover the first 40 hours of work. If any of the retainer fee is not used, it will be returned to you.
- Hourly fees are based on the time your lawyer works on your case. These fees can range from $125 to over $500 per hour. Lawyers will usually bill in fifteen minute increments. If you are paying an hourly rate, you will usually receive a bill once or twice a month.
- Flat fees are one time fees paid for the lawyer to do a specific task. For example, your lawyer may charge $250 to prepare a nondisclosure agreement, another $500 for a purchase and sale contract, and $5,000 to represent you at an administrative hearing. Flat fees can be stacked on top of each other and can build up quickly.
- Contingency fees are available in certain circumstances but are barred in other types of cases. In a contingency fee agreement, the lawyer will not charge you anything up front but will take a portion of any award you receive as a result of the lawyer's work. A contingency fee can be anywhere from 20% to 50% of an award. If you do not win, the lawyer will not collect. Generally, contingency fees are reserved for trial situations.
4
Negotiate with the lawyer. Fees are set by the lawyer or the firm he or she works for and are often negotiable. Do not simply accept the first fee a lawyer throws out. Talk and try to understand why the fee is what it is. If you really like the lawyer but the fee is too high, see if you can make a deal. If the lawyer will not lower their fees, ask about the possibility of a payment plan or paying with property.
- If they accept a payment plan, you will pay your fees in installments. For example, if the lawyer is charging a flat fee of $5,000, you might ask to pay five separate $1,000 monthly payments.
- Some lawyers will accept property in lieu of cash. In this instance, you would offer the lawyer real estate or some other property for their services.
5
Execute a written fee agreement. Once you and the attorney agree on a fee arrangement, you need to get that agreement in writing. Most states require that contingency fee arrangements be in writing and they recommend that all other agreements be in writing.
- In addition to getting the fee agreement in writing, you should also request a representation agreement in writing. This agreement will lay out exactly what services your lawyer will be providing for the fee they are charging.^{[11]XResearch source}
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Part 4

Part 4 of 5:

Hiring Your Best Choice

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Make a comparison chart. With all of the quality information you have compiled, you should be able to make an informed decision on the attorney that will be best for you. To help visualize your choices, make a chart identifying the positives and negatives of each lawyer. For example, one lawyer may have great fees but a poor record of success. While fees should play a role in your decision, it should not be the deciding factor. Oftentimes you pay for the representation you receive. Paying more may be better (but not always).
- Find a lawyer that is knowledgeable and trustworthy. You may be working with this person for months, or even years, so you want to hire someone you feel comfortable with.
If you cannot make a decision or you have follow up questions, do not hesitate to contact the lawyer again. For example, if you have two great candidates but you can't remember what one of the attorneys would charge you, call and ask.
3
Hire someone. When you finish the process, contact your top choice and ask if they will represent you. While you want to take as much time as you need to hire the right person for the job, you should also expedite the process as much as possible. Some legal issues have time limits and must be handled quickly.
- If the lawyer accepts your offer, you will enter into the professional relationship.
- If a lawyer is too busy or does not want to represent you, you will have to move forward with your second or third choice. Be prepared for this and have a back up plan.
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Part 5

Part 5 of 5:

Avoiding Bad Lawyers

Due to the lucrative business that is law, a lot of scammers exist to try and make money off of unsuspecting individuals. While most lawyers are quality individuals there to help you, some of them may be out to make an easy buck. Some lawyers may ask for an upfront fee and then never do any work. Other "lawyers" are not even licensed.
2
Identify improper solicitations. Lawyers are prohibited from making certain solicitations for business. They are bound by ethical obligations that limit the amount of advertising and soliciting they can do. In general, if a lawyer contacts you and asks for your business, you should be wary of hiring this person. While they may be a good lawyer, they are also breaking ethical obligations.
- Be aware that there are exceptions to this rule and not every solicitation is improper. Make sure you understand these nuances before turning someone down.^{[12]XTrustworthy SourceAmerican Bar AssociationLeading professional organization of lawyers and law studentsGo to source}
Before hiring any attorney, you need to make sure they are licensed to practice in your jurisdiction and that they do not have any history of discipline. To check these things, visit your state bar's website. There, you will be able to search for attorneys by their name, address, or bar number. A search will reveal if they are licensed in good standing and if they have any history of discipline.^{[13]XResearch source}
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