Q I had an attorney complete some legal work for me and was surprised to see that he charged me 2.5 hours for legal research. At over $600 per hour, this hurts. Why should I be paying for my attorney to do research? At that fee point, shouldn’t he already have the knowledge needed to do the work he said he could do for me? Why should I have to pay for him to educate himself?

A The practice of law is complex and rapidly changes due to evolving laws and new decisions made on cases before the courts. This is particularly true in the estate planning and tax field. When an attorney agrees to take on your case, they owe you a duty of competence to address your legal issue. Model Rules of Professional Conduct provide that a “lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.” The American College of Trust and Estate Counsel further comments on this rule: “Lack of skill or knowledge may be overcome through additional research and study or involving another lawyer who possesses the expertise to assist.” If an attorney cannot provide competent representation, they must decline to represent you or refer you to an attorney who can help.

Unless your situation is very routine, it is not uncommon for an attorney to need to do further research to be sure there are no new cases or laws that would affect their advice. Also, if your case involves real estate, it is imperative that research be done to determine the condition of title so they can best advise you. It truly is their obligation and they can and are routinely held accountable if they give you incorrect advice. Lawyers get sued all the time for providing bad advice or otherwise causing damage to a client so we can expect to see some costs for research or review on our legal bills if we expect the best work.

Here are some tips to consider when hiring a lawyer to ensure you are hiring the right one for your needs: Start by asking friends or colleagues for a recommendation. If you would prefer to keep your legal needs confidential, you can research the California State Bar website which will provide information on specialists in certain fields of law and information on any disciplinary actions. Also, check www.martindale.com, which provides a reliable rating system for attorneys.

Once you have found one or two that seem like a good fit, meet with them. Ask about their experience in cases like yours, what happened in those cases and, based on their experience, what can be expected. Also, ask them how you will be kept informed on the progress of your case and how quickly you can expect them to respond to phone calls or emails. Finally, ask about fees. Will they bill hourly, flat fee or contingency (a percentage)? If you decide to engage with an attorney, you will enter into an engagement contract with the attorney which should describe the nature of your legal issue, the fees and costs you can expect to pay and any limitations in their representation.

Most attorneys will send a monthly statement for their services and, depending on the engagement agreement, you may need to pay them immediately or you may be able to wait until the completion of the work. If you are dissatisfied with the representation at any time, you can terminate the relationship. They work for you, and it is important that you feel they are doing the work well and as promised.

I hope that despite the research costs that the services you were provided got the job done. Most times, paying some research fees is not only unavoidable, but necessary.

Liza Horvath has more than 30 years of experience in the estate planning and trust fields and is the president of Monterey Trust Management, a financial and trust management company. This is not intended to be legal or tax advice. Questions? Email liza@montereytrust.com or call (831)646-5262