How to pick a tenant lawyer

Not all tenant lawyers are the same. Therefore, it is important that you know how to select a tenant lawyer who is (1) good, (2) good at housing, and (3) good at New York housing. Another factor is personality and style. What type of tenant lawyer would you work with best? Remember that when you meet your lawyer, you are checking out the lawyer, and at the same time, the lawyer is checking out you. Here are some questions you have to answer before you pick your tenant lawyer.

What’s it going to cost?

There is no such thing as a cheap (good) tenant lawyer. If a lawyer can’t negotiate his own fee, you don’t want him negotiating on your behalf in court! So the question is not whether a lawyer is costly, but whether hiring the lawyer is cost effective. And in order to determine this, you have to answer the next question:

What is your apartment worth?

Take for example a tenant lawyer says that your case is complicated, and therefore she estimates that it will cost $5000 for her to represent you. Before you say yes or no, how much is your apartment worth to you? The question is not how much your apartment is worth; the question is how much it is worth to you. For example, if you plan to raise your family in your stabilized apartment, then your apartment is worth tens of thousands; just imagine how much you save by paying incremental rent increases in a stabilized apartment over a few years, compared to living in an apartment with an unregulated market rent. Now, $5000 in legal expenses doesn’t sound so bad.

What if you don’t get a lawyer? If you lose your apartment and move into a place that is $200 more than what you paid before, you lose that same $5000 in just the first two years. Four years later, you’ve lost $10,000.

In another example, a rent-controlled tenant with a very low rent has all the incentive to spend whatever is necessary to protect her low-rent apartment. But if you are a young professional planning to move out in a year or two, the same apartment may not be worth as much to you.

What kind of experience does your tenant lawyer have?

Many tenant advocates advise you to make sure that your attorney represents tenants only. In my opinion, it is more important to find out how a person started in housing court. There are only a few choices. The lawyer either worked for a judge, worked for a firm that practices in housing court, or worked for Legal Services/Legal Aid Society.

Since I worked in Legal Aid Society for five years as a paralegal prior to law school, I have to say I am partial to legal services experience. The training in indigent tenant legal services organizations in New York is top notch, far surpassing any formal Landlord-Tenant training in any private firm. Veteran attorneys in these organizations nurture the development of tenant advocates.

What’s Your Tenant Lawyer’s Reputation?

It is said that the best way to choose a tenant lawyer is by reputation. That is because a lawyer's reputation is developed over time through a repeated demonstration of the his or her skills and judgment. New York's tenant organizations keep up with the best tenant lawyers, and their recommendations count for a lot. So ask them. (By the way, never ask a lawyer, "what is your reputation?" If you don't already know her reputation, why would you take her word for it?).

Is Your Lawyer Well-Connected?

Some clients prefer to have a tenant lawyer who is entrenched in the court system. I think there are pro and cons to having a “well-connected” lawyer. Of course, you want someone who can navigate the system, but you want a lawyer whose first loyalty is with you, not with maintaining relationships with the judge and his fellow lawyers.

So I think it is a good idea for you to choose a lawyer who is well known in the housing court. Just as long as it doesn’t go too far. (I think that is why, as mentioned above, many tenant advocates recommend that you do not hire a lawyer who represents landlords.)

Good luck in finding your tenant lawyer. There are plenty of considerations, but in the end, don't forget to trust your gut.