- Identify what area of law you are addressing. There are two distinctive areas of law: criminal and civil. In the area of criminal law, there are two areas of practice: prosecutors who work for the State or Federal District Attorney, and the criminal defense attorney who either works in a private practice, or as a public defender.
- Know your Constitutional Rights for a Criminal Defense. You do not always have a "right" to an attorney. While the Constitution entitles you to free legal representation if you are arrested and cannot afford an attorney, this free service does not apply to all situations. For instance, you are not entitled to a free attorney to defend you in court for a speeding ticket. The State will only assign a public defender if the potential penalty is a significant amount of time in jail.
- Know what area of law you need to address if you want to sue, or are being sued. Civil law involves all areas of law which are not crimes. They cover all legal practices where there is a dispute between individuals. These include divorce, personal injury and the minor cases seen on Court television shows such as "Judge Judy," to multi-million dollar class action cases involving discrimination or product liability.
- Determine what your case is about before looking for an attorney. The short list of areas of specialty include: Adoption, Personal and Commercial Bankruptcy, Civil and Individual Rights, Family Law, Conservatorship and Guardianship, Construction, Contacts, Corporation, Elder Law, Environmental, Wills, Trusts and Probate, Labor, Landlord/Tenant and, yes, Legal Malpractice. Intellectual Property Law requires a special license. Intellectual Property includes Patents and Copyright, both of which are protected under Article I, Section 8, Clause 8 of the United States Constitution.
- Understand the difference between Litigators and Non-Litigators. Although all licensed attorneys are able to go to court with their clients, some attorneys never step into a courtroom. In some cases an attorney is only needed to form a contract, or create an estate plan where there isn't any conflict and no need to litigate. It's only when a party sues another party that litigation is necessary.
Contact your local County or State Bar Association. They will be able to direct you to the specific area of legal practice for your case and may have a referral program.
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