This toolkit has information about how to decide if you need a lawyer, how to find a lawyer, and what you can expect when you work with a lawyer. For general information, read the Articles. Review the Common Questions if you have a specific question.
You'll find links to legal aid offices and lawyer referral services under Find A Lawyer. If there is a Self-Help Center in your area you can get more help there. If you need something other than legal help, look in Community Services. If you need a fee waiver, an interpreter, a court to accommodate your disability, or more information about going to court, visit Going to Court.
Common Questions
In some cases you have the right to a lawyer even if you can’t pay for one. For example, you have a right to a lawyer in criminal cases. You also have the right to a lawyer if you are a parent accused of abuse or neglect in a Child Protective Services case. If you are in either of these situations and can’t afford a lawyer, be sure to ask the judge for a lawyer at your first court date.
In other kinds of cases you do not have the right to a free lawyer. You may still be able to find free legal help if you have low income. Use the Guide to Legal Help to see if you qualify for free legal help from your local legal services office. Even if they can’t represent you, they may be able to give you advice and other help.
If you can’t find a free lawyer to help you, you can also look for lower cost legal help. You might consider hiring a lawyer only for parts of your case instead of the whole thing. This is called Limited Scope Representation. To learn more, read Limited Scope Representation (LSR): A More Affordable Way to Hire a Lawyer.
The State Bar of Michigan’s Modest Means Program is another way to find a lower cost lawyer. This program allows you to hire a lawyer for a reduced hourly rate if you qualify. Visit the Modest Means Program page to learn more about it. The Guide to Legal Help will give you information about this program if you qualify.
Legal aid lawyers, public defenders, and pro bono lawyers are all lawyers who offer free legal services.
Legal aid lawyers are lawyers who work on civil cases. Sometimes they are called legal services lawyers. Civil cases are things like eviction, debt collection, divorce, and public benefits. Legal aid lawyers work for organizations that pay them. They do not charge fees to their clients. These organizations pay lawyers with money they get from government funding, private donations, and other places. There is no legal right to a lawyer in most civil cases. Getting a legal aid lawyer depends on your case, and how many lawyers are available in your area. To find out if you might qualify, use the Guide to Legal Help. Legal aid organizations will appear on the results page if you have the kind of case they will consider, and if you qualify based on your income and other factors.
Public defenders are lawyers who work on criminal cases. Criminal cases are things like a DUI, assault, or theft. Public defenders are paid by the government to take cases for people with low incomes. There is a constitutional right to a lawyer in criminal cases. If you have a criminal case and you have low income, ask the judge for a lawyer at your first court date.
Lawyers who work in private practice (a law firm) usually charge fees to their clients. Sometimes these lawyers choose to take cases without charging fees as a service to the community. This is called doing pro bono work. Finding a pro bono lawyer can be complicated. They do not belong to a single organization that you can call. Contacting private practice lawyers to ask if they will take a case for free is not likely to lead to much help. Most private lawyers charge fees for most of their cases. Sometimes legal aid organizations have connections to pro bono lawyers. If a legal aid organization can’t take your case, you can ask if they have referrals to pro bono lawyers that might take a case like yours.
Retainer can mean two things: a retainer agreement, or a retainer fee.
A retainer agreement is also called an engagement letter. It is an agreement written by a lawyer who is going to represent you in all or part of your case. The engagement letter or retainer agreement is the contract you have with your lawyer that explains the representation. It will say how much of the case they will handle, and it will explain how much they will charge for their services.
A retainer fee is a type of fee some lawyers charge. It is like a down payment for the lawyer’s services. The fee is held in separate account, called a trust account. The lawyer is only allowed to take money from that account after they earn it by working on your case.
To learn more about retainer agreements and retainer fees, read Hiring a Lawyer.