Finding Legal Help As A Tenant

It's sometimes difficult to find a lawyer who will represent a single tenant in a landlord/tenant dispute, often because there's not enough money involved to make it cost-efficient to hire an attorney.

You may be able to get the legal help you need through low-cost legal resources in your community, including:

• A local tenant's union
• Your state Attorney General's Office (who may have information regarding consumer protection statutes on landlord-tenant matters)
• Government-funded legal services providers in your community who take tenant cases on a sliding scale or if you make below a certain amount of income

If there is several months' worth of rent involved, or you know of several other tenants who are having similar problems with the same landlord, you may be able to find an attorney to take your case on a hourly basis.

You'll want to find out every thing you can about the lawyers and then do some initial screening to whittle down you list to three or four prospective candidates.

Look at the biographies and Web sites for the lawyers and their law firms. Do they appear to have expertise representing tenants? Do they have any information on their Web sites that is helpful to you?

• You will probably want to hire a lawyer with at least a few years of experience.
• Lawyers who represent landlords, contractors, developers, banks and financial institutions may not represent consumers with problems in this area. So if you're a tenant, look at the profile for the lawyer and his or her firm to see whom they primarily represent. If you can't tell, call the lawyer's office and find out.
• Look for a list of representative clients. Are they the types of clients that you would want your lawyer representing?
• Search the Internet under the name of the lawyer and his or her law firm. Can you find any articles, FAQ's or other informational pieces that the lawyer has done that give you a level of comfort?
• Ask other people if they have heard of the lawyers and what they think about them.
• Contact your state bar association or go to their Web site to find out if the lawyer is in good standing.
• Check out the yellow pages of your telephone directory. Does the lawyer advertise? If so, do you find it compelling? Helpful? Tasteful?
• Check out the archives of your local newspaper. Has there been any publicity about the lawyer or the cases that he or she has handled?
• Look to see if a lawyer is affiliated with associations that cater to your legal issues. For example, most bar associations have sections in landlord-tenant law and other related categories. Having a lawyer who is involved in a chamber of commerce or other local organizations may also be a good sign, depending on your case.
• Unless there are special circumstances, you'll want to hire a lawyer with a local office.
• Before you hire a lawyer, ask for references. You would want to talk to people who could comment on the lawyer's skills and trustworthiness. Ask if it is okay to talk to some of the lawyer's representative clients. A tenant's lawyer, for example, should be able to give you the names of a few tenant clients, if privacy and state laws permit.
• Ask about conflicts of interest. Does the lawyer represent any opposing parties? Other landlords? Other tenants who may be witnesses for your landlord?
• Ask for a copy of a firm brochure and promotional materials that the firm may have. Crosscheck these materials against your other sources and references. Ask to be provided with a copy of the lawyer's retainer agreement and have it explained to you before decide on retaining the lawyer or the lawyer's law firm. You may end up paying a lot of money to the lawyer who you retain so make sure you understand what you are signing up for.

Consider any special needs you have. For example, could you benefit from a lawyer who speaks a language other than English?

There are basically two types of landlord-tenant lawyers: those who handle lawsuits (called "litigators") and those who primarily handle contract matters (called "transactional lawyers"). Some lawyers do both, but most of them tend to specialize in one area or the other. If you're involved in a lawsuit or may end up in one, look for a litigator. Otherwise, a lawyer who handles transactions may be your best bet.

If your problem doesn't involve a lot of money, consider whether other folks have the same issues. If so, you may be able to pool your interests and hire the same lawyer. Or, you may be able to talk to a lawyer who specializes in class action lawsuits. A key here is that the "class" has to be large enough to make it worthwhile for a lawyer to take the case.