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The Truth About
Picking an Attorney
Copyright © 2005 - 2006
San Francisco
Personal Injury Lawyer
All rights reserved.
The truth is it can be difficult to pick the right
attorney out of the attorney advertising noise that
consumers face. Consumers are exposed to claims on TV,
radio, in phone books and in newspapers. How can the
consumer know the truth that will enable them to make the
right choice in what can be a very difficult time in their
lives and the lives of their families. In this article I
will give you some tools that will empower you in this
challenging environment.
First let’s talk about the myths about lawyers!
• All lawyers have the same experience training!
• The State Bar determines whether a lawyer can advertise
himself as a Personal Injury Lawyer!
• All law firms will take my case to trial!
• A lawyer who is good at DUI will be a good Personal
Injury Lawyer!
• All lawyers carry Malpractice Insurance!
• If a lawyer advertises that he takes Personal Injury
cases it is because he is has experience in Personal
Injury!
• Calling a Lawyer Referral service is the way to find a
competent lawyer!
• Lawyers who have a big ad in the Yellow Pages must be
successful because they can afford this advertising!
• Lawyers who advertise on TV must be the best and most
successful!
• The internet sites that offer to find you a Lawyer are
careful to screen the lawyers they allow to post names on
their site!
The answer to these myths is NO! Not all lawyers are
created equal nor do they possess equal experience,
education and training. The State Bar does not determine
who can advertise as a Personal Injury lawyer, the
lawyer’s license is all that he needs. Many law firms are
not committed to taking your case as far as it needs to go
to get you what you deserve.
Your local DUI or divorce attorney may not be the right
choice to represent you in your serious personal injury
case. He may be a great DUI attorney, but does he know
Personal Injury? Has he handled a case like yours where
the questions can be complex and the injuries are serious?
Malpractice Insurance is NOT REQUIRED of attorneys! This
means if your lawyer does not carry this coverage and he
makes a mistake you may be out of luck! That’s right; you
may have to look to the lawyer’s personal assets to
recover for what can be a catastrophic loss! If he cannot
afford to buy malpractice insurance, what does that tell
you? You are out of luck!
Lawyer Referral Services are a nice idea, but an idea that
is flawed! Not unlike the internet “find you a lawyer
sites” they do not adequately screen. They are an
institution and we have come to understand that we cannot
always depend on the institutions we once believed in!
Just ask the Katrina victims if they want to rely on
institutions for protection!
Because a guy is on TV or has a big two page yellow page
ad does not mean he is successful or qualified! All it
means is he shelled out a lot of money to make people
think he was the guy to call! TV stations and yellow page
companies do not care if the guy is competent; all they
care about is if his check will clear! Is that the way you
want to decide who is going to protect you and your
family?
OK, now we see the problem you face in finding a qualified
Personal Injury Lawyer! But, what do we do about it? How
can you be empowered to make the right decision that can
affect your life for years to come? Let’s talk about some
things you CAN DO to get the RIGHT LAWYER!
The first thing you must realize is that this is an
important decision! Some people will spend hours at Best
Buy looking for the best DVD player and then calls the
first lawyer they see advertise on TV. DON’T DO IT! This
decision may mean the difference between getting what you
deserve and what the attorney sees as a quick settlement!
Take your time do your research!
Do you know lawyers in your area? They may be a good first
start! They may not know how to handle your case, but they
may be able to give you the name of a law firm that is
experienced in your type of case.
Do you know anyone who has used a lawyer? Find out about
their experience with a particular lawyer. Again it may
not be the right lawyer for your case, but this law firm
may be able to lead you to the qualified lawyer you need.
Begin your market research and start putting together a
list of prospective lawyers you might consider. Pull out
those yellow pages and look at the lawyers you find. Many
lawyers and law firms will tell you what they focus on.
Surf the net with the same focus. Make a list and pare it
down to a number you feel will give you the potential
choices you need to make a wise decision.
The next step is to call the lawyers and ask for written
information about the law firm and what they do! Just like
buying a car, the best way to begin your research is in
your own home away from any pressure. You want to make
this decision without any high pressure tactics. Most
lawyers offer free consultations, but this is not the most
time efficient way to begin your research! Ask the lawyer
for FREE WRITTEN AND AUDIO INFORMAITON ON YOU TYPE OF
CASE! Ask them to send you anything they feel will help
you make a decision on the best lawyer to hire. If they
have nothing to send you MARK THEM OFF YOUR LIST!
After you have done your preliminary homework and reviewed
all the written information the lawyers have provided you,
you are ready to meet with your prospects.
Do not be afraid to ASK QUESTIONS! The best most qualified
lawyers will welcome your questions. They will know that
you have done your homework! They would rather represent a
truly prepared client! They want a client that is
committed to getting the best legal representation
available.
But what should you ask?
• How many years have you been in practice? This will tell
you much about the attorney’s potential experience. But,
also ask what they have done all those years!
• Do you have real experience handling a case like mine?
You do not want a guy who sees your case as a new
experience he would like to try! You wan someone with the
experience to do the job for you!
• What challenges do you see in my case? He should be able
to explain to you what he sees as the challenges you face
and what they could mean to the ultimate result.
• Does the lawyer carry malpractice insurance? This will
give you a degree of safety should he make a mistake and
it will tell you a lot about the lawyers commitment to his
clients.
• Are you a member of the Consumer Attorneys of
California? This is an organization that is made up only
of attorneys who are committed to the rights of consumers.
• Are you a member of the Association of Trial Lawyers of
America? This is an organization of attorneys committed to
your right to a trial by jury and the real education of
its members!
• Are you a member of any bar other than California? Has
he been admitted in other states in the country? This may
help you determine his qualifications and amount of
experience.
• Is he admitted to practice before the United States
Supreme Court? This may not be required in your case, but
it is one more qualification factor you can use.
• Has the attorney been disciplined by the California Bar
Association? It is important for you to know that your
lawyer is honest and ethical. You can get this information
at www.calbar.ca.gov.
• Have you taught in Law School? This will show if he is a
real communicator and his involvement in the profession!
• What procedures do you follow in the handling of my
case? The attorney should be able to give you a clear idea
of what you should expect.
• Who are the people and what are the qualifications of
the people who will work on my case? Most attorneys work
with a team. Who is that team? You need to know they are
the team you need!
• How will you keep me informed about my case? You must
feel comfortable with the attorney’s commitment to
communicate with you! Will you really be kept informed of
developments in your case?
• How will you determine what my case is worth? This is a
difficult question that a qualified attorney should be
able to answer.
• Do you represent insurance companies? If they work for
insurance companies they may be too biased to be fair to
you!
• Do you represent big corporations? Again, they may be
too biased it they are on the side of big business.
• Can I take a copy of your fee agreement with me to
review? Do not assume that they are all the same. If they
say no, leave!
• Does the attorney regularly attend continuing legal
education? This may be a key in finding a really dedicated
attorney that is going to bring valuable education to your
case.
Rank the importance of the answers you think apply to your
particular case. You are going to be looking for the most
qualified, dedicated, experienced, educated attorney you
can interview. In the end, it is going to be that
attorney’s ability to really communicate with you! You
must feel you have the best attorney possible for your
case! This will allow you to sleep at night knowing that
your legal rights and financial rights are truly in the
right hands.
I hope this information has been helpful! We know this is
a difficult decision at a very challenging time and we are
committed to empowering you as a client! Remember it is
your case and you are in control! The civil justice system
is not perfect by any means, but it is there to provide
you justice! The right attorney will play a large factor
in that quest!
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