The Iowa State Bar Association625 East Court Avenue

Des Moines, Iowa 50309-1904515-243-3179800-457-3729

Fax 515-243-2511

Iowa LawyersCan Do!

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There are approximately 8,000 lawyers in Iowa. They are husbands, wives, mothers, fathers, daughters, and sons. They come from a variety of backgrounds; some grew up in cities, some in rural Iowa. Some work in private law firms, others work for the government, for corporations, or for businesses. Some are judges. Others are academics.

Lawyers are professionals. An Iowa Lawyer has a doctorate degree, has passed the Iowa Bar examination, and participates in annual continuing education. As lawyers, they represent the interests of their clients, whether citizens, governmental entities, or corporations. This representation is performed zealously, within the bounds of the law. They act to help their client attain the client’s objective and advocate for their clients, giving legal counsel and advice. The Iowa Supreme Court supervises all Iowa lawyers and judges.

Your lawyer helps you identify legal issues and provides counseling regarding resolution of your problem or question. Iowa lawyers offer advice and aid you in:

• Preparation of a will, trust, living will or estate planning;

• Buying or selling a house; • Preparing your income tax returns and other tax

planning issues;• Resolving a personal injury matter including

motor vehicle accidents, product liability, medical malpractice, or workers’ compensation;

• Resolving an employment matter including discrimination or wrongful termination;

• Moving forward on a criminal matter or traffic ticket;• Straightening-out social security matters;• Alleviating a family law matter including child custody,

divorce, or adoption; • Setting up or purchasing a business; • And much more.

Meet an Iowa Lawyer

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Finding a lawyer can be as simple as asking friends, relatives, or co-workers for the names of lawyers they recommend. If a lawyer does not possess the legal knowledge and skill needed for a particular matter, many times he or she will refer you to a lawyer who does possess the requisite knowledge and skill.

The Iowa State Bar Association FIND-A-LAWYER service can also assist you in your search. The service will supply you the name or names of lawyers who are willing to consult with you for $25 for the first 30 minutes. If further legal services are needed, you and the attorney will negotiate the arrangement including the fee.

The FIND-A-LAWYER service is only a listing of those Bar Association members who have agreed to take referrals through the FIND-A-LAWYER service. Visit www.IowaFindALawyer.com to access the service.

Finding an Iowa Lawyer

The primary considerations in selecting a lawyer are whether you feel comfortable with the attorney and are confident that the attorney is competent to help you with your needs. The following questions are helpful in selecting an attorney:

• Has the lawyer handled matters like yours before? • Is there a charge for first-time consultation? • How are fees calculated; per hour, per task, or

contingent on outcome? • Will the lawyer require a retainer payment before

providing services?• How many hours does the lawyer think it will take to

complete the task? • Does the lawyer provide the client with a written

contract or a letter confirming employment? If so, ask to see an example.

• Can the lawyer explain to you what to expect and what issues will be generally involved in your matter?

• Can you be open and honest with the lawyer?• Do you believe the lawyer will be open and honest

with you about your matter?

Selecting an Iowa Lawyer

When you select a lawyer you are entering into an important relationship. One of the most important aspects of the lawyer/client relationship is communication. Discuss fees during the first visit with a lawyer. The lawyer may ask you to sign an attorney fee contract which clearly states how much you will be charged for work done on your matter and what will be charged for expenses such as postage, telephone, and faxes. A written fee contract is always a good idea.

You have the right to expect complete confidentiality regarding anything you say to your lawyer and your lawyer’s staff.

Your Attorney/Client RelationshipClient Rights

Right to Discharge You may discharge your lawyer at any time by informing him or her of your wishes. You should give your lawyer adequate notice that you will be changing lawyers because it may be necessary for the lawyer to ask a court for permission to withdraw if your matter involves a court action. You are entitled to the contents of the file your lawyer created while working on your matter as well as an accounting of money you have paid your lawyer. If you discharge your lawyer, you are still obligated to pay for services performed on your behalf.

Most attorneys will ask their clients to sign an attorney-client agreement, setting forth billing information and outlining what services the attorney will provide. If the client does not abide by the terms of the agreement, including making payment for earned fees, a lawyer can ask the court for permission to withdraw from representing you. Common situations when a lawyer will ask to withdraw include:• Client’s failure to cooperate in the production of

documents or court appearances;• Dishonest acts by the client;• A breakdown in attorney-client communications;

A Lawyer’s Right to Withdraw

• The conclusion of litigation; or• A violation of an attorney-client agreement, which may

include an agreement to pay legal fees.

You have the right to receive notice that your lawyer has filed an application to withdraw. The court will usually set a hearing on the application to withdraw so that you can correct the problem. However, once your lawyer has withdrawn or has permission from the court to withdraw, he or she will no longer be involved in your case. You will be responsible for finding a new lawyer and for complying with all court deadlines and court rules.

Practice Areas :Administrative Law encompasses laws and legal principles governing the administration and regulation of city, county, state and federal government agencies.

Agricultural Law considers transaction issues such as contracts, leasing, marketing and storing of commodities, issues confronting landowners and the farming and livestock industries.

Alternative Dispute Resolution (ADR) is how disputes can be negotiated and resolved outside of the courtroom in a non-adversarial manner.

Bankruptcy Law is designed to assist individuals and businesses with liquidating or reorganizing debt.

Business Law deals with a variety of business matters, including the formation and organization of a new business, business negotiations, operational matters, and compliance with the many laws and regulations affecting businesses.

Good legal advice isn’t expensive...it’s priceless! $

Commercial Law governs the broad areas of business, commerce, and consumer transactions. Commercial law regulates corporate contracts, hiring practices, and the manufacture and sales of consumer goods.

Construction Law deals with all legal issues relating to the construction process from land acquisition and project financing to post-construction claims settlement.

Criminal Law is the area of law that deals with the identification and prosecution of people being charged by the state or federal government for an act that has been classified as a crime.

e-Commerce encompasses laws about the sale and supply of goods and services, consumer protection, and credit card fraud over the internet.

Environmental Law encompasses laws that are aimed to protect the environment against both public and private actions that inflict harm on the eco-system.

Family Law is the area of law that deals with a variety of matters governing family relationships, including marriage, divorce, adopting a child, and establishing and modifying child support, child visitation and custody.

General Practice is defined as a lawyer that covers a broad range of overlapping areas of law.

Health Law involves a variety of laws encompassing the delivery of health care services, the regulation of health care devices, public health policies, mental health topics, and private health insurance matters.

Intellectual Property Law is the specialized area of law dealing with an idea, invention, brand, logo, trade secret, process, program, data, formula, patent, copyright, or trademark.

Labor & Employment Law deals with a variety of matters covering the employer/employee relationship, including helping businesses comply with employment laws and regulations, managing disputes with employees, advising on wage and hour matters, and assisting with appropriate employment policies and procedures

Landlord-Tenant Law governs the issues surrounding the rental of commercial and residential real property (rental property).

Personal Injury Law deals with the legal rights and litigation options of someone who has been injured as the result of another’s negligence or intentional wrongdoing.

Probate, Trust & Estate Planning is the body of law that handles wills and the entire process of administration of estates.

Real Estate & Title Law involves land, buildings, and whatever is attached or fixed to land along with legal ownership of real property.

Tax Law involves issue dealing with the collection of income taxes (corporate and personal), and taxes on real or personal property.

Workers’ Compensation is the area of law that provides employees with compensation for injuries or diseases sustained at work, including compensation for medical costs, lost wages and other benefits.

For more information about specific areas of the law

or to learn more about The Iowa State Bar Association, please go to our website at

WWW.IOWABAR.ORG

The Iowa State Bar Association (ISBA) is an organization providing Iowa lawyers with the benefits of a professional association with colleagues.

ISBA includes lawyers young and old, newly licensed as well as retired, residents and nonresidents (including military). In all, the Association includes approximately 8,000 lawyers and judges in Iowa’s 99 counties and outside the state.

ISBA has historically been at the forefront of significant changes in Iowa law that not only benefit Iowa lawyers, but are in the best interests of all Iowans. It serves as the voice of Iowa lawyers for the profession of law and also for the legal rights of all Iowans.

The Iowa State Bar Association also can lay legitimate claim to being the oldest voluntary state bar association in the United States, having been formed initially in 1874, which is 4 years before even the American Bar Association.

This brochure, which is based on Iowa law, is issued to inform and not to advise. This brochure is published by The Iowa State Bar Association. No person should ever apply or interpret any law without the aid of a trained lawyer who knows the facts,

because the facts may change the application of the law. For more information on your legal rights, contact your local attorney.

If you are in need of an attorney, visit the Find-A-Lawyer service at www.iowafindalawyer.com