How do you choose the best lawyer for your case?

You probably would not hire your family practice physician or PCP to perform brain surgery, and you probably should not hire a general practice lawyer, or a probate lawyer, tax lawyer or bankruptcy lawyer to handle a serious injury case. Every lawyer licensed in your state is technically qualified to represent you in court, but lawyers specialize, just like doctors. There are many lawyers who rarely ever go to court, and there are some who have never been to court at all, except to get sworn in! They may be excellent lawyers, but they only handle transactions, or draft contracts, wills or trusts.

Some lawyers have developed their specialties through experience and others may have earned credentials similar to Board certification for doctors. Personal injury lawyers have to be licensed to practice law, just like every other lawyer in your state. But good personal injury lawyers have to be prepared to take the client’s case to court, and need to have real trial experience and solid credentials. How do you know if the lawyer you are considering has the experience needed for your personal injury case, and is reputable, effective and honest?

Here are some guidelines to help you find the best lawyer for your personal injury or wrongful death case:

(These guidelines can also help you find the best lawyer for your divorce or a criminal case, estate planning, or bankruptcy:

  • Start by learning about your legal problem. Search the internet, and read some articles, so you can begin to understand the issues in your case. For instance, if you are injured on the job, you can probably seek workers compensation benefits from your employer, but generally you cannot sue your employer for causing the injury, and your recovery may be limited to medical expenses and some disability benefits. If your injury was due to a wreck, you may be able sue the person or company who was at fault, and recover for your medical expenses, lost earnings, permanent disability, and pain and suffering.
  • Use a genuine peer reviewed and/or client reviewed directory or rating service to identify lawyers who have the necessary experience and credentials to handle your case. Here are some of the best online resources for obtaining unbiased ratings from other lawyers and from clients:
  • Depending on the situation, ask family, friends or a trusted professional for the names of some attorneys who you might want to contact. Good attorneys will usually have a good reputation in the community.

Beware of Unqualified Lawyers! Click here for more information.

Narrow Your List

Once you’ve narrowed the list down to several names, use the following checklist to screen them:

  • Go to the law firm’s website and review the lawyer’s biographical information. Does he or she appear to have expertise and experience in the area of law you need?
  • What kind of clients does the attorney represent? Sometimes law firms will post a client list on their websites, particularly those representing businesses and insurance companies. If you cannot tell what kind of clients they represent, call and ask.
  • Use search engines to find professional articles, white papers or other informational pieces the lawyer may have written. Search for reported verdicts, settlements and court opinions. “Google” the lawyer’s name and see what turns up.
  • Ask people in your area if they’ve heard of the attorney you are considering and what they think about him or her.
  • Do you have any special needs to consider such as an attorney who speaks Spanish or who has a Spanish speaker on staff?

At this point, you should have a “short list” of two or three names. Contact each attorney and schedule a consultation. Personal injury attorneys generally work on a contingency fee basis and generally do not charge anything for the initial consultation. Other kinds of lawyers will often provide a free or low cost initial consultation to discuss your situation, determine whether he or she can help and to give you an opportunity to ask some questions. If you have a serious injury case, make sure you are meeting with an attorney, and not just with a paralegal or case manager.  Paralegals often assist attorneys with their cases, and provide invaluable service to clients, but the first meeting with a prospective client should be conducted by an attorney.

Ten Questions To Ask Your Potential Lawyer

  • How long has he or she practiced law?
  • What type of cases does the lawyer generally handle? What percentage of his or her practice is devoted to (the practice area in question)?
  • Who is the lawyer’s typical client?
  • How many cases has he or she handled that are similar to mine?
  • What kind of special training or knowledge does the lawyer have that might apply in my situation?
  • What are the attorney fees and costs? Can the case be handled on a contingency fee? If not, how will I be billed?
  • Who will I be working with? Will the lawyer I meet with actually be handling my case?
  • How will the lawyer let me know what’s happening with my case?
  • What is the likely outcome in my case?
Use your common sense and gut instincts in deciding who to hire. Ask questions. Your relationship with the lawyer can last several years and requires confidence and trust. You want to choose the best lawyer to do the best job for you.

 

Should I choose a lawyer who advertises on TV?

Turn on the TV and you will see endless ads asking you to call some lawyer if “you’ve been in a wreck and need a check,” “or call us, its just that easy.”

Serious accident cases are not that easy.  TV advertisers are often just high volume settlement mills, looking for a quick buck at the expense of their clients.

“Some severely injured clients are represented by settlement mills . . . and they are likely represented by settlement mills to their detriment.” Run of the Mill Justice, Nora Freeman Engstrom, The Georgetown Journal of Legal Ethics, Vol. 22:1485, p. 1537-1538.

“Those who have meritorious claims and have been seriously injured are least apt to benefit from” settlement mill law firms. Id. p. 1547.

How Can I Avoid Settlement Mills?

  • While there might be a few good lawyers who advertise on television, you are better off avoiding personal injury lawyers who are always advertising on television.
  • Most high volume TV advertising attorneys are just looking for quick settlements in car wreck cases.
  • The first question should be – is guy on TV even licensed to practice in the state where your case arises?
  • Beware of law firms with “case managers.”  Case Managers are not lawyers.  You do not want to meet your lawyer for the first time just outside the courtroom when you are about to go to trial.
  • Beware of lawyers who over promise or exaggerate the potential value of your case just to get you to sign up. A good lawyer should not offer any opinion on the value of an injury or death case until he or she has thoroughly investigated the case, and understand the full extent of injury and damages.
  • Most importantly, is the lawyer prepared to file suit and go to trial if necessary to win your case?

Beware of Unqualified Lawyers in Serious Injury or Death Cases!