ABA Family Legal Guide

Buying and Selling a Home

Meeting the Players

Working with a Lawyer

How do I choose a lawyer?

To choose a lawyer, you will want to consider the following factors:

• Area of specialty. While it may not be necessary to engage a lawyer who specializes in real estate transactions, you will want a lawyer who is familiar with the laws and practices regarding real estate in your area. It is a good idea to select a lawyer who has had some recent experience in handling real estate matters.
• Office location. Your lawyer will need to review agreements and papers and appear at the closing. Costs can be minimized with a local lawyer. However, with the use of facsimile machines and the Internet, location may not be a factor.
• References. Friends and colleagues can be a good source of references. Ask them what they liked and did not like about the lawyers with whom they have worked.
• Comfort level. Real estate transactions can be very trying. You will want to hire a lawyer who can smooth the way, not one who will create obstacles to your purchase or sale of a home. At the same time, you want someone who will vigorously protect your interests.

Although most real estate agents can provide lawyer referrals, the better practice would be to find a lawyer through other means. If the lawyer is closely affiliated or dependent on the agent for referrals, the lawyer may feel pressured to close the transaction even if issues adverse to the represented party arise. You will want to interview the lawyer, ask about his or her approach to a real estate transaction, discuss fees, and, generally, get an idea of whether this lawyer is right for you.