There are over a million attorneys practicing across the United States, covering a wide array of specialties. These areas include criminal defense, family law, medical malpractice, personal injury, intellectual property, and estate planning, among others. With so many niches, finding the right kind of lawyer for your situation can feel overwhelming.
Because there are so many different legal fields, asking “What kind of lawyer do I need?” should always be followed by “What’s the issue?” The lawyer’s specialty should align with the problem you need help resolving. Locating the appropriate attorney or law firm can be an intimidating task.
Generally, people hire lawyers to fix past legal problems and to prevent future ones. Lawyers serve both an educational and protective role. Sometimes the court or state law mandates legal representation; other times hiring an attorney is a personal choice.
Outside of matters where an attorney is required (for example, many civil or criminal proceedings), the decision to hire a lawyer often depends on the complexity of the legal issues, how many documents are necessary to resolve the matter, and the expected cost of securing representation.
Legal Specialties
Below are some of the most common types of attorneys practicing today:
- Criminal defense attorney
- Immigration attorney
- Bankruptcy attorney
- Family law attorney
- Personal injury lawyer
- Business attorney
- Divorce attorney
- Employment lawyer
- Estate planning attorney
- Tax attorney
Next, we’ll examine some of the personal situations where you’ll likely want to retain legal counsel and how hiring an attorney might save you money or protect your interests despite the expense.
The 5 Most Common Reasons to Hire a Law Firm
As noted earlier, attorneys practice in many different fields, and the right lawyer depends on the case’s legal issue. The five common scenarios below are those most likely to require professional legal guidance.
1. You Are Getting a Divorce
The divorce process varies depending on which state you live in. Some states follow a “community property” approach where marital property is split equally between spouses regardless of fault.
Other states operate under “no-fault” divorce rules, where judges do not consider the reason for the divorce but may determine an “equitable distribution” of assets. In such states, a judge may evaluate each spouse’s financial contributions (including homemaking contributions), the marriage’s duration, and each person’s earning potential after the divorce. These complexities often make prenuptial agreements appealing.
In community property states—such as Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin—some couples manage divorces without hiring an attorney. There are online services that facilitate uncontested divorces without legal counsel.
However, if your divorce will be contested and you want a fair allocation of assets, you should engage a divorce attorney.
Hiring a divorce lawyer may not reduce your expenses, but it can provide assurance that the settlement is equitable when dissolving a marriage.
Picking the right attorney for a contested divorce is a nuanced decision. Ask yourself:
- Do I prefer a lawyer of the same sex as I am?
- Do I want to pursue a prolonged legal battle, or
- Do I want to resolve this quickly?
- How much can I afford to spend?
Recommendations are useful when choosing representation. You probably know someone who has gone through a divorce and used an attorney, but every situation differs.
You can also consult other professionals who handle legal matters—your accountant, for instance, or a real estate attorney you’ve worked with previously—since they may be able to refer you to suitable legal counsel based on your finances.
How Much Will It Cost?
Most divorce attorneys bill by the hour for time spent on your case. Tasks can include reviewing asset documentation and communicating with your spouse’s counsel. Billing is often broken into six- or 15-minute increments, and hourly rates typically range from $100 to $500. These fees can sometimes be factored into the divorce settlement, but costs differ widely by state.
More experienced attorneys generally charge more, which might be warranted depending on the case’s complexity.
You can reduce divorce costs by agreeing with your spouse beforehand on financial matters that won’t be disputed.
2. You Are Dealing with Child Custody
Family law firms handle sensitive situations such as guardianship, child support, adoption, and domestic violence. A family law attorney often handles divorce matters as well or can refer you to an appropriate divorce lawyer.
If you can’t adequately care for your child, a family law firm can establish legal parameters for a guardian you choose, who can assume custody or responsibility for certain aspects of the child’s care.
Although many people hire lawyers for difficult reasons, retaining a family law attorney during an adoption is a wise decision. Adoption procedures—especially international adoptions—are complex, and an attorney can ensure the legal requirements are properly met.
Family lawyers also assist in domestic violence cases, arranging safeguards to protect you and your children while you remain married or during separation.
How Much Will It Cost?
According to skillsetcity.com, the national average cost to hire a family law attorney is around $2,500 per case. Actual fees vary based on case complexity and your state of residence.
3. You Need to Draft a Will
Last wills and testaments are often the centerpiece of dramatic film and TV moments, but in reality, a contested will can seriously damage family relationships if not handled correctly. Dying intestate (without a will) can leave a complicated legal mess for surviving relatives.
To avoid such disputes, an estate planning attorney can ensure your will clearly describes how your assets should be distributed after your death or in the event of incapacity. This legal guidance can bring peace of mind to you and your loved ones.
An attorney can help you specify how your property is divided, choose an executor for your estate, and designate a guardian for minor children. The larger and more complex your estate, the more valuable competent legal help becomes.
That said, it is possible to prepare your own will. Various websites guide you through creating a will, and requirements differ by state.
How Much Will It Cost?
The typical cost to prepare a standard last will and testament ranges from $300 to $1,000, depending on your ZIP code. If hiring an attorney feels expensive, there are online resources that can reduce estate planning costs.
4. You Are Buying a House
In many states, hiring an attorney isn’t required to purchase a home. However, 22 states do require legal representation for homebuyers at closing.
Even where not mandated, there are situations where retaining a real estate attorney is advisable.
If you have concerns about the property—flooding, foundational issues, or liens from the previous owner—an attorney can protect your interests. A lawyer can also help negotiate the purchase price (though bargaining is less common in a hot market).
A lawyer can negotiate repair costs or improvements, whether those are to be completed by the seller or by you after purchase.
Buying a home involves extensive paperwork. It can take a long time just to sign all the documents, and a lawyer can review legal documents beforehand to ensure that the property’s terms are properly stated.
How Much Will It Cost?
For a straightforward property transfer, attorneys commonly charge a flat fee between $750 and $1,250, depending on ZIP code and transaction complexity. Some real estate lawyers bill hourly, averaging $150 to $350 per hour.
If selling a property, you might want legal representation to guard against future claims from the buyer about repairs or other issues.
If you’re buying real estate for investment or are involved in a nuanced property transfer, hiring a real estate lawyer is essential. They understand state property law nuances and can ensure your transaction is properly executed and negotiated.
5. You’ve Been Hurt in an Accident
Television ads highlight personal injury law for a reason: legal representation is important if you face medical bills from an accident in a public place, a car crash, or a workplace incident. Personal injury attorneys also represent clients when injuries—like concussions—become apparent only later.
These lawyers can negotiate settlements and advise you on realistic compensation for your particular case.
Personal injury attorneys assist with the substantial documentation involved in filing claims, including insurance paperwork. Suing a business typically means the company will have lawyers defending its interests, so you’ll want comparable legal expertise on your side.
If your injury occurred at work, you may have union representation or require a specialized employment attorney. If you signed employment contracts, an attorney should review them to determine your rights related to workplace injuries.
How Much Will It Cost?
Laws vary by state regarding what personal injury attorneys may charge. Typically, these lawyers take a percentage of the settlement you receive, and that should be factored into your claim amount. Commonly, personal injury attorneys receive 33% to 40% of the recovery, but these terms must be discussed up front when hiring representation.
Consider having a trusted family attorney review any contingency contract you sign with a personal injury lawyer.
Frequently Asked Questions (FAQs) About Hiring a Lawyer
Here are answers to frequently asked questions about hiring attorneys. They should help you determine what type of legal counsel to seek for various issues.
While you can prepare estate documents without a lawyer using online services, it’s wise to hire an attorney if you believe your estate might be contested or if other legal complications could arise—this helps ensure your will provides strong protection for your assets.
If spouses agree on asset division and child custody, they can often finalize a divorce without legal counsel. But if the divorce will be contentious and you want what you consider a fair settlement, you should hire a divorce lawyer.
For disputes like breach of contract, property damage, personal injury, evictions, or repossession, you can bring claims in small claims court without an attorney. Still, if the other party is represented by counsel, your odds of success are improved with your own attorney. Each state sets different monetary limits for small claims court.
Alex Harrow is a seasoned journalist focused on personal finance topics since 2013. He contributes to Savinly.
