How to Vet an Eviction Attorney

How to Vet an Eviction Attorney

Contributed by Daniel O’Reilly, Esq.

Hiring an attorney to handle an eviction or navigate California's complex rent control regulations is one of the most important decisions a landlord can make. The right attorney can save you thousands of dollars and months of headaches. The wrong one can leave you exposed to liability, missed deadlines, and costly mistakes. But, before signing a retainer agreement, here's how to make sure you're hiring a qualified professional who will protect your interests.

Check the Attorney’s State Bar Standing.

Your first step should always be verifying that the attorney is licensed and in good standing with the State Bar of California. This takes only a few minutes and will confirm that the attorney you’re considering is in good standing. Visit the State Bar of California's Attorney Search to look up any attorney by name or bar number.

The search will show you:

• The attorney’s current license status (active, inactive, suspended, or disbarred)
• Any public discipline history of the attorney
• The date the attorney was admitted to practice
• Any specialty certifications held by the attorney

If you see any discipline on their record, you can review the details through the State Bar's public discipline records. Understanding what happened—and how long ago—can help you make an informed decision. A minor administrative issue from 15 years ago is very different from a recent suspension for mishandling client funds.

Ask About the Attorney’s Specific Experience. California landlord-tenant law is a specialty. An attorney who primarily handles personal injury cases or business contracts may not be up to speed on the latest changes to local rent stabilization ordinances or the procedural requirements for unlawful detainer actions.

Questions you might ask:

• How many eviction matters have you handled during the past year?
• Are you familiar with the specific rent control ordinance in my city (e.g., rent stabilization rules in City of Los Angeles, Santa Monica, West Hollywood, etc.)?
• Have you handled cases involving [insert your specific issue here, e.g., Ellis Act withdrawals, tenant buyouts, habitability claims, etc.]?
• What percentage of your practice is dedicated to landlord representation?
• An attorney who regularly represents both landlords and tenants is not necessarily a problem, but you want someone whose primary focus aligns with your needs.

Understand the Attorney’s Fee Structure. Attorney fees for landlord-tenant matters typically fall into a few categories:

• Flat fees for straightforward evictions (common for uncontested unlawful detainer cases)
• Hourly rates for complex matters or cases that may go to trial
• Hybrid arrangements that combine a flat fee for initial work with hourly billing if the case becomes contested

Get the fee structure in writing before you begin. Ask specifically about:

• What's included in the quoted fee
• What triggers additional charges
• Court filing fees and other costs (which are separate from attorney fees)
• How billing disputes are handled

Red Flags to Lookout For. Be cautious if an attorney:

• Guarantees Outcomes. Attorneys should not promise you'll win your case or that an eviction will be completed by a certain date. Too many variables are outside their control.
• Pressures to Sign Immediately. Attorneys should give you time to review a retainer agreement and ask questions.
• Difficult to Reach. When an attorney does not return your initial calls promptly, communication problems will likely continue throughout your case.
• Quotes Fees Dramatically Below Market Rate. While you don't need the most expensive attorney, unusually low fees may indicate inexperience or a high-volume practice where your case won't get adequate attention.
• Suggests Cutting Corners. Proper notice requirements and procedural steps exist for a reason. Shortcuts in eviction cases often result in dismissed cases and starting over from scratch.

What Happens If Something Goes Wrong.

Even with careful vetting, problems can arise. If you believe your attorney has acted unethically or incompetently, you have options. The State Bar of California investigates complaints against attorneys for misconduct. You can file a complaint online if you believe your attorney has violated their professional obligations. For attorneys facing State Bar investigations or discipline matters, there are law firms that specialize in State Bar defense and attorney ethics. While this may not be directly relevant to you as a landlord, understanding that there's oversight and accountability in the legal profession should give you confidence that the attorneys you work with are held to professional standards.

Getting Referrals.

One of the best ways to find a qualified landlord-tenant attorney is through referrals from other property owners. AAGLA members can connect with fellow landlords who have had positive experiences with attorneys in their area. You can also use the State Bar's Lawyer Referral Service, which connects you with attorneys who have been screened and carry malpractice insurance. While the referral service charges a small fee for the initial consultation, it provides an additional layer of vetting.

In conclusion, taking the time to vet an attorney before hiring them is an investment that pays off. A few hours of research and a thorough initial consultation can help you avoid costly mistakes and ensure you have competent representation when you need it most. Remember: you're not just hiring someone to file paperwork. You're hiring a professional to protect one of your most significant investments. Choose wisely.

Daniel O’Rielly has more than 25 years of experience working in law firms—including large, medium, and small firms, and running his own law firm for more than 15 years—he counsels and advises California law firms on critical issues at every stage of law firm life. He provides insight, analysis, and judgment to California law firms seeking to solve their most important challenges. 

Important Disclaimer: The information and materials provided here are for general information purposes only. Absolutely no legal or tax advice is being given. Keep in mind that every situation is unique, and the laws, rules, and regulations are subject to change at any time. So, before acting, be sure to obtain tax and/or legal advice from your licensed professional.