Consulting With a Real Estate Lawyer

Aspects of Real Estate Law

Real estate lawyers specialize in the following areas of law:

• Agricultrual
• Residential
• Commercial
• Construction
• Condemnation
• Landlord/Tenant
• Mortgage Matters
• Zoning
• Foreclosure

If you are involved in any of the above type of transactions, you will probably at some point in your life need to consult with a real estate lawyer in connection with your real estate issues. Not all real estate lawyers specialize in each area of real estate law so you will want to find a real estate attorney that is knowledgeable for your particular needs.

Fee Arrangements

Real estate lawyers usually charge by the hour, but some charge a flat fee. Be sure that you are prepared for our meeting with your real estate lawyer. Most real estate attorneys will ask for a retainer and have the client sign a retainer agreement if you hire them. The amount varies on the type of service that the attorney will be performing for the client. Here are a few questions that you may want to ask:

• Will the lawyer be charging you an hourly or flat fee and would they consider working on a flat fee basis?
• What do they anticipate the costs and fees to be for your case?
• Does the lawyer advance any out of pocket costs?
• Would there be a retainer payable up front?
• Is the retainer refundable if the amount is unused?
• Would the lawyer work on a contingency basis?

Information the Real Estate Lawyer May Ask You

First the lawyer will want to know your contact information, something about you and your business background, and if it's a business matter, the relationship you have with the business. Do you have authority to act on behalf of the business. Some lawyers will have you complete a questionnaire during the initial consultation or prior to the consultation.

The lawyer will also need information about the matter and the parties involved to make sure there is no conflict of interest in representing you. Basically, he or she will run a conflict check to make sure that no other lawyers in the firm have clients that are on the opposing side of your transaction. Otherwise it will be difficult for the attorney and the firm to represent you.

Documents You Should Bring to the Meeting

• Originals or copies of all relevant documentation in connection with your case.
• Copies of memos or notes you have regarding conversations, timelines of events, etc.
• Any relevant photographs or reports that relate to the case.

Questions You Should Ask the Real Estate Lawyer

If you are involved in a litigation matter, then ask the lawyer the following questions:

• Number of similar cases handled.
• Number of cases that have gone to trial and how many have been won.
• Number of cases that have been settled.
• What percentage of their practice is in your area of expertise.
• Does the lawyer represent more plaintiffs or defendants.
• Chances of winning and any problems with your case.

If you are hiring a lawyer to review a contract or negotiate one or you have a landlord tenant matter, ask similar questions as above and also the following questions:

• What type of paperwork is involved and how long will it take to complete?
• The process involved.
• Time frame to resolve.