Part III. Responding · Chapter 14
Finding a lawyer, and what the first call should cover
Most small businesses do not have a lawyer, and most owners find one for the first time under a deadline. This chapter is about doing that well: where to look, what to ask, how fees work, and what to bring so that the first conversation is advice rather than explanation. It names no firms and recommends none.
14.1Where to look
- State bar lawyer referral services. Every state bar, and many county bars, run one. They match callers to lawyers by subject area and most offer a first consultation at a fixed, low fee. This is the right starting point for a business with no existing counsel.
- Search by claim type. "TCPA defense", "trademark attorney", "wage and hour defense", with your state. Read what the lawyer writes about matters at the letter stage, not only litigation.
- Your accountant, insurer or trade association. They see which lawyers their other clients use. Treat it as a lead, not a recommendation.
- Your insurer's panel. If a policy responds to the claim, the insurer may appoint or approve counsel.
Be careful with what a search returns. Much of it is written by firms whose business is retainers, and "do not pay, do not respond, call us" is advice that is sometimes right and always profitable for the person giving it. A good lawyer will tell you when the demand is the cheapest outcome.
14.2How fees work
| Basis | Typical use | Ask |
|---|---|---|
| Fixed-fee consultation | First meeting via a referral service | How long, and what it covers |
| Flat fee | Reviewing a letter, drafting a response, reviewing a settlement agreement | Exactly what is included and what is extra |
| Hourly | Negotiation, contested matters | The rate, who does the work, an estimate per stage, how often you are billed |
| Contingency | Claims you bring, rarely defence | The percentage and who pays costs |
| Retainer | A deposit against hourly fees | Whether it is refundable and when it is replenished |
Get the engagement terms in writing before work starts. Remember that in most claims each side pays its own fees whatever the outcome, and that some statutes award fees to a winning claimant but not to a winning defendant, which is part of the settle-or-fight arithmetic.
14.3What to bring
- The letter or complaint, the envelope, and any earlier correspondence.
- The documents on the facts: logs, licences, contracts, time records, invoices, the page as it was. How to respond to any demand letter describes building that file.
- Your insurance policies and the broker's reply.
- A one-page timeline: what happened, when, who was involved, what you have done since the letter arrived.
- The four numbers from chapter 13, as far as you have them.
14.4What the first conversation should cover
- Have you handled this type of claim, and at the letter stage rather than only in litigation?
- Looking at the letter and my documents, which allegations does the evidence remove?
- What is the exposure beyond this letter, if the claim signals a pattern?
- What will each stage cost, on what basis, and can the first stages be a flat fee?
- Should we ask for more time, and who asks?
- What should we stop doing today?
- What should the written reply contain, and should it go under your name or mine?
- If this were your business, which path would you take, and why?
A lawyer who answers these specifically, by reference to your documents, is the one to engage. One who answers in generalities, or who only describes how they would litigate, is not yet the right fit for a letter-stage matter.
14.5Limited-scope help
Many lawyers will take a defined piece of a matter: review your draft reply, read the settlement agreement, advise on one question. For a business that can do the correspondence itself, this is often the best use of a fee. Ask whether the lawyer offers it and what it costs.
Questions readers ask
How do I find a lawyer for a specific kind of claim?
Search for the claim type and "defense" or "attorney" with your state, and use the state bar’s lawyer referral service, which matches callers to lawyers by subject and usually offers a short first consultation at a fixed fee. Ask any lawyer about their experience with the specific claim and with matters at the letter stage.
Flat fee or hourly?
Many lawyers offer a flat fee for reviewing a letter and drafting a response, and hourly rates for contested work. Ask for both, in writing, and for what the flat fee includes. A per-stage estimate is the useful form.
Do I need a lawyer in my state?
For a state-court matter, yes, a lawyer admitted there. For federal claims, a lawyer admitted in the relevant federal court. For a demand letter, a lawyer who knows the claim type matters more than location, but local admission is needed if it is filed.
What if I cannot afford one?
Use the referral service’s fixed-fee consultation, prepare the file first so the hour is spent on advice, and ask about limited-scope help: a lawyer who reviews your draft reply or the settlement agreement rather than taking the whole matter.