StephenO4 (New York)
Posts: 11
Posts: 11
Posted:
Our Board is considering changing attorneys. What are topics to be discussed with an attorney interview.
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What to ask attorney in interview
Started by StephenO4 • 8 replies • 1340 views
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MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Ask about their billing structure. One does NOT need to hire an attorney on retainer. Find out what their charges are for contact be it via text, email, or phone. Some will charge you for every contact.
Do not hire a Real Estate attorney. You are NOT dealing with Real Estate. You are a non-profit corporation. So look for one that deals with HOA or corporate laws. People often get confused and assume HOA's are real estate. They are not.
What is their policy on "advice"?
Always be careful of ANY lawyer that says "I will do what you tell me to do". That should send up some flags. Not saying that is a bad thing for every situation. Just understand what that means. For example: Your board approaches the lawyer to file a lawsuit against a non-payer. The lawyer doesn't advise you that a lawsuit is the worst option. It is much better to file a lien instead. If they respond "I will do what you tell me to do" without discussing best options, then that lawyer isn't your best advocate.
Do not hire a Real Estate attorney. You are NOT dealing with Real Estate. You are a non-profit corporation. So look for one that deals with HOA or corporate laws. People often get confused and assume HOA's are real estate. They are not.
What is their policy on "advice"?
Always be careful of ANY lawyer that says "I will do what you tell me to do". That should send up some flags. Not saying that is a bad thing for every situation. Just understand what that means. For example: Your board approaches the lawyer to file a lawsuit against a non-payer. The lawyer doesn't advise you that a lawsuit is the worst option. It is much better to file a lien instead. If they respond "I will do what you tell me to do" without discussing best options, then that lawyer isn't your best advocate.
Former HOA President
GeorgeS21 (Florida)
Posts: 3,808
Posts: 3,808
Posted:
That they do not represent home owners.
Charge per hour for attorney.
Charge per hour for staff.
Charge per quick status call.
Do they have an online tracking system?
How they process, and do they work well with property managers, wrt assessments in arrears?
Do they strike fear in the hearts of property owners when their name is mentioned?
What is their win rate?
What other communities do they service?
Charge per hour for attorney.
Charge per hour for staff.
Charge per quick status call.
Do they have an online tracking system?
How they process, and do they work well with property managers, wrt assessments in arrears?
Do they strike fear in the hearts of property owners when their name is mentioned?
What is their win rate?
What other communities do they service?
BenA2 (Texas)
Posts: 1,273
Posts: 1,273
Posted:
Quote:
Posted By GeorgeS21 on 01/30/2020 5:32 PM
That they do not represent home owners.
Charge per hour for attorney.
Charge per hour for staff.
Charge per quick status call.
Do they have an online tracking system?
How they process, and do they work well with property managers, wrt assessments in arrears?
Do they strike fear in the hearts of property owners when their name is mentioned?
What is their win rate?
What other communities do they service?
That they do not represent home owners.
Charge per hour for attorney.
Charge per hour for staff.
Charge per quick status call.
Do they have an online tracking system?
How they process, and do they work well with property managers, wrt assessments in arrears?
Do they strike fear in the hearts of property owners when their name is mentioned?
What is their win rate?
What other communities do they service?
What reasoning would there be for an attorney not to represent homeowners? Obviously, they could not represent a homeowner if there is a conflict but there would be no inherent conflict in having clients who are homeowners. Afterall, an HOA represents homeowners.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
The HOA attorney represents the HOA as a WHOLE not individual of its parts. Meaning the attorney works for the HOA but not for individual owners. The lawyer is the one that will show up in court against you if you sue. Why then hire them? You need your own attorne. Besides the HOA funds pays. Do you want your dues paying them because your neighbor wants to consult them?
Former HOA President
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
Quote:
Posted By BenA2 on 01/30/2020 8:08 PM
What reasoning would there be for an attorney not to represent homeowners? Obviously, they could not represent a homeowner if there is a conflict but there would be no inherent conflict in having clients who are homeowners. Afterall, an HOA represents homeowners.
What reasoning would there be for an attorney not to represent homeowners? Obviously, they could not represent a homeowner if there is a conflict but there would be no inherent conflict in having clients who are homeowners. Afterall, an HOA represents homeowners.
Depends on their individual practices. The firm that my association says that they only represent community associations, so they won't take any individual homeowner as a client. In addition, if the attorney represents your association, then any homeowner who contacts them is very likely to be in conflict with the association, and the attorney can't represent both.
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
Adding to others' good suggestions, I'd also look to see what kind of education they provide to board members. In exchange for a reasonable retainer ($600 in 2019), the firm we use provides free quarterly seminars throughout the state on various topics that board members should understand, plus a free "boot camp" for new board members. Their web site also contains material from past seminars, and they send out quarterly newsletters (mostly educational as well). Last, they give us unlimited free 15 minute phone calls for general questions.
The education they provide is well worth the annual retainer. All of us who have served on association boards know that this stuff isn't easy and that it requires knowledge and skills that many people don't have. Our attorneys state that their goal is to keep boards out of legal trouble, and their often-repeated motto is "communicate, don't litigate". They understand that well-informed and capable board members make for well-run communities, and that benefits everyone.
The education they provide is well worth the annual retainer. All of us who have served on association boards know that this stuff isn't easy and that it requires knowledge and skills that many people don't have. Our attorneys state that their goal is to keep boards out of legal trouble, and their often-repeated motto is "communicate, don't litigate". They understand that well-informed and capable board members make for well-run communities, and that benefits everyone.
GeorgeS21 (Florida)
Posts: 3,808
Posts: 3,808
Posted:
Cathy,
Sounds like how HOA attorneys should behave ... great!
Sounds like how HOA attorneys should behave ... great!
PaulJ6
Posts: 990
Posts: 990
Posted:
I would tell that lawyer what your needs are and see how the lawyer responds.
I'd also ask the lawyer about the Fair Debt Collection Practices Act and just see how knowledgeable he or she is. That's an important law for a HOA lawyer to follow and if the lawyer does not, then the HOA can get in hot water as well.
Details about rates and billing would be in the engagement letter; that can be reviewed before a meeting.
I'd look for a lawyer with relevant experience above everything, and education (law school attended) a distant second.
I'd also ask the lawyer about the Fair Debt Collection Practices Act and just see how knowledgeable he or she is. That's an important law for a HOA lawyer to follow and if the lawyer does not, then the HOA can get in hot water as well.
Details about rates and billing would be in the engagement letter; that can be reviewed before a meeting.
I'd look for a lawyer with relevant experience above everything, and education (law school attended) a distant second.
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