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Community Association Legal Counsel (GAP #13)

How To Select and Use An Attorney

ISBN: 0-944715-71-0
2002, 39 pages
2nd edition
Author(s): Thomas J. Hindman, Esq., and Loura K. Sanchez, Esq
Item #: 5710
Retail Price: $25.00
Member Price: $15.00

The correct attorney is essential to a successful community association, and this guide will help you find the right one. The community association field is complex and ever changing, which in turn requires bringing together diverse talents and capabilities. The volunteer, lay-person board is called on to make a significant decision when it retains legal counsel. It is a decision that the association should approach in a deliberate and careful fashion. This practical report will guide the board through the process and provide useful information at each step.

Key Points

  • To derive full benefit from legal counsel, an association should choose counsel whose expertise ranges over the entire field of community association law. While limited expertise may suffice when an attorney is chosen for a very specific job, such as defending a wrongful termination claim, a wide spectrum of knowledge is preferable for general counsel.


  • At one time or another during its existence, a community association is likely to encounter issues involving nearly every field of legal practice—but with a specific twist needed for community associations.


  • It is almost never advisable to hire a member of the association to be the association attorney, whether compensated or on a volunteer basis.


  • Do not select an attorney solely on the basis of rates.


  • The association manager can be a valued and powerful ally and should be involved in each step of the search for an association attorney.


  • Attorneys expect potential clients to ask for detailed information about the


  • To help control fees (especially for associations that have chosen an hourly rate payment basis), the board should designate one person to interact with its attorney.


  • The association's attorney is legal counsel to the association and neither represents the board, nor any single member of the board, nor any particular officer or homeowner.


Contents

Chapter 1—The Selection Process

Identifying Legal Needs and Requirements

Taking a Proactive Approach

Inviting Law Firms To Bid

Sending Out the Request For Proposals

Reviewing the Attorney Candidate Responses

Conducting Interviews and Checking References

Interview Criteria

Making a Final Decision

The Role of the Association Manager In the Selection Process

Chapter 2—Attorney Fee Structures

Hourly Rate

Flat or Fixed Fee

Contingent Fee

Retainer

Controlling and Monitoring Fees

Chapter 3—Using the Association Attorney Effectively

The Attorney's Role In the Association

Who Is the Attorney's Client?

Attorney-Client Privilege

Expectations of Attorney's Service

Working With Your Attorney's Staff

When To Look For a New Attorney

Appendix 1—Checklist: What to Include in a Request for Proposal (RFP)
Appendix 2—Sample Form: Request For Proposal (RFP)
Appendix 3—Sample Interview Questions: Questions To Ask When Interviewing Prospective Attorneys
Appendix 4—Sample Form: Evaluating Prospective Attorneys
Appendix 5—Sample Form: Law Firm Billing Statement
Appendix 6—Sample Rules of Conduct: ABA Model Rule 1.5 of Professional Conduct

Read a sample chapter


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Item #: 5710
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Member Price: $15.00
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