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Hiring a Lawyer

Why Your Lawyer May Not Be the Right Lawyer for This Case

A good lawyer for one problem can be the wrong lawyer for the next. Here's how to tell.

By Roy Newman3 min read

One walnut doorway opens into warm light along a quiet navy-toned courthouse corridor
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Most people have a lawyer. The one who did the house closing, drew up the will, or set up the company. When something serious happens, that's the first call. It feels natural, and it's usually a mistake to stop there.

Law isn't one job. It's dozens of different jobs that happen to share a license. The question isn't whether your lawyer is good. It's whether your lawyer is good at this.

Different work, different skills.

Some lawyers spend their careers drafting documents and closing deals. Others spend theirs in courtrooms. Both are valuable, and they're not interchangeable. A lawyer who has never taken a case to verdict is learning on your matter if yours goes to trial.

Different courts, different rules.

State court, federal court, bankruptcy court and probate court each run on their own procedures, judges and habits. Many disputes never reach a courtroom at all. They go to arbitration, or to a government agency with its own hearing process. A lawyer who is excellent in one forum can be lost in another.

Different states.

A lawyer licensed in California generally can't simply appear in a Texas court. Courts can allow an out-of-state lawyer to appear in a single case, often with a local lawyer alongside. That adds cost and coordination, and it's worth knowing before you hire.

Knowing the law isn't the same as knowing the courthouse.

Different specialties.

Medical malpractice, trucking, employment, intellectual property, tax and appeals are each specialties of their own. A general practice can handle a lot. It usually can't match someone who handles your kind of case every week.

When your lawyer is part of the story.

If the dispute is about a contract your lawyer drafted or a deal your lawyer negotiated, that lawyer may be a witness. Lawyers generally can't serve as the trial advocate in a case where they're likely to testify. Raise it early.

When there's a conflict.

Your lawyer may already represent the other side, a related company, or someone with interests that cut against yours. A conflict check should happen before anyone takes your case. Ask whether it has been done.

A good lawyer will tell you.

The best lawyers I know say "this isn't my area" without hesitation, and they know who to call. Your lawyer can still be valuable as an advisor at your side, helping you choose and work with the specialist.

Where Lexmatch fits.

When your usual lawyer isn't the right fit, the next question is who is. Lexmatch searches for lawyers whose record matches your kind of case, in the right court and the right state, and a Lexmatch attorney reviews every shortlist before you see it.

This article is general information, not legal advice. Licensing and court rules vary by state.

This post is for general informational purposes only and is not legal advice.

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