Preparing for your first meeting with your real estate lawyer can get your case and relationship off to a good start. Fees are often charged on an hourly basis, so wasting any time means wasting money. Know what to expect, and make progress on solving your legal problem from that first meeting.
Key Information to Share, and What to Expect
Your initial meeting with a real estate lawyer will cover some basics. Expect to provide contact info such as your name, your title if a business is involved, and phone numbers and addresses. When you're representing a business, have information on your role in the business and your authority to act for the business.
Some lawyers provide a questionnaire for you to complete before your meeting. Ask if you should return it before the meeting, or bring it with you. Be prepared to gather copies of any related documents or supporting materials.
The lawyer may start the meeting by asking questions to help rule out any conflicts of interest. For example, you may be asked about other parties involved in your real estate issues; these could be other individuals, or businesses such as lenders. A lawyer or their firm usually can't represent others on the opposing side of your case.
Building Your File
Real estate law issues often involve many document types, so be prepared to bring copies with you for the lawyer's review and to help get work on your case started without delay. Typically, there's more documentation in a business real estate matter than in residential cases. Examples of documents you may be asked to bring include:
- Finance and insurance documents. These range from loan or mortgage contracts, loan contracts or notes, mortgage default notices, insurance policies and UCC filings
- Copies of documents related to payments such as canceled checks, money orders, receipts and loan statements or bills
- Guaranty agreements if there is a guarantor for your loan or lease
- Correspondence you've sent or received about your legal issue; include any notes from phone calls and names of those you've spoken with
- A copy of the lease, if the case involves rented property, along with documents related to the lease
- All documents and correspondence for a foreclosure case
- Photographs, if related to your case; for example, images of building or parcel of land
- A calendar and diagram can help you explain your case to the lawyer, and serve as a taking off point for exploring your case. Dates are often key in finding answers to legal problems; use the calendar to build a timeline. Diagrams can help bring out facts and describe your exact legal issue, such as boundary dispute, building code or zoning issue and identify the players in a situation
Questions for Your Lawyer, and Questions for You
Your potential lawyer will likely ask what your goals are and what you expect in solving your real estate issue. Be honest, and have a purpose, whether your case involves a business or residential real estate issue.
Have some questions ready for the lawyer. You don't want your questions to discourage him from taking your case. However, no question is too simple to ask, and the answers will help both of you decide whether to work together. Questions may include:
- How many cases similar to mine have you handled?
- Who will work on my case? Can I meet other lawyers and staff members who will work on my case?
- What portion of your practice is focused on real estate law?
- How many of your cases go to trial, or are resolved with a settlement or alternative methods such as mediation?
- Do you typically represent plaintiffs or defendants in cases similar to mine?
- Do you see any problems with my case, and how will you work to resolve it?
- Have you handled many transactions similar to mine, and are there any special issues seen in our local area?
- Have you worked with other real estate lawyers in our area?
Hiring a Lawyer
If you'd like to hire the lawyer, and he agrees to represent you, review terms for services and fees. Expect a retainer or engagement agreement detailing these terms. Ask questions if you need help understanding something, or there's an issue not covered in the contract. Items to cover include:
- Hourly rates for the lawyer's services, and rates for others, such as paralegals and legal assistants who may work on your case
- Flat fees, and the services included
- Contingency fee arrangements
- Retainer fees and terms, including refunds
- How costs related to your case will be handled
If you've hired the lawyer, you should feel confident and positive about progress in solving your legal real estate issues.