In Real Estate transactions in India, there
is every chance of a slip-up if things are not handled professionally.
The weak link can be spotted if documents are prepared on plain
paper, originals are missing, signatures vary in all places,
documents are only notarized, and seller himself is absent during
the deal negotiation or parties involved sign the documents
without each other's presence.
However, in picking a Real Estate lawyer,
you must begin by eliminating obvious non-starters, sorting
through the rest using your common sense, intuition and judgment.
If finally the lawyer seems like he/she is someone you can trust
and work with, you have made a good choice. So do not take impulsive
decisions while hiring a lawyer. You should
take basic necessary precautions to compose a hassle free purchase.
Following are the tips that will come in handy:
- Make a list of the lawyers who may be right for the job.
Contact them by e-mail or fax with a written list of questions and briefly outline your case.
- Ask each lawyer for specific answers to your questions
You may put forth loaded questions to the lawyer whose answers will help you weed out some lawyers. Lawyers may appreciate this approach as it saves both you and them from wasted time and effort.
- Shortlist lawyers on answers you get from references
You can go to see each of the lawyers personally and ask them for relevant references. You can check the references out. See if they were happy with the work of the lawyer and whether they would hire that lawyer again when needed.
- Do your homework
Bring all available documentation and make required notes before meeting with your prospective lawyer for the first time. This will help you present your problem in the clearest and most organized manner possible, and assess your lawyer's response to your case and questions.
- Give good and sensible reasons for what you want to do
Let the lawyer know what your case is about, and the results you expect. Evaluate his/her experience and skill to handle your case. See whether you understand his/her explanation of what the case involves.
- Get a feel for professional chemistry
Since you are going to be working together on a crucial property matter, you should also gauge what kind of comfort level you will have.
- Changing lawyers should be avoided at all costs
It will probably be your last resort. To avoid this you should choose the right lawyer in the first place.
- Know the payment terms
If you have finally chosen a lawyer to represent you, you can work out a payment plan based on the progress of the file. Ask yourself whether the fee arrangements seem reasonable.
- Letter of Agreement
If you draw up a Letter of Agreement, it should outline the work and results you expect as well as cost and payment terms of the lawyer. If your lawyer presents you with a contract he/she should explain to you the terms and conditions of the document. Read and understand the document before you think about signing it.
- Do not finalize the lawyer retention in first meeting itself
Take your time and dwell over it before you zero in on any particular lawyer.
- Be willing to make an upfront deposit if asked
You might have to pay a retainer or an advance to the lawyer if he or she asks before moving forward with your case.
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