Tuesday, April 27, 2010

10 Tips To Help You Find The Right Lawyer

If you have been involved in an accident or were injured at work, trying to find a lawyer can be overwhelming. There are adds on TV, in the phone book and when you do a google search, hundreds of attorney websites and referral service sites can be found.

When you are faced with a major legal problem, you want someone who has experience; who will diligently and persistently pursue your case; and, someone who is not afraid to step into the courtroom and try your case.

Here are 10 tips to help you find a competent lawyer to handle your workers compensation or personal injury case:

1. Don't judge a book by its cover (or its phone book ad). The Missouri Bar requires that all attorneys, in their advertising materials, state clearly: "The choice of a lawyer is an important decision and should not be based solely upon advertisements." Rule 4-7.2 of the Missouri Rules of Professional Conduct. This is a good rule to follow. Meet personally with your lawyer before hiring him or her. Don't assume that because the attorney has a billboard or a huge phone book ad that they are a great trial lawyer or possess the experience and initiative your case requires.
There are many fine attorneys who don't advertise at all.

2. Next, you should plan on interviewing multiple attorneys....and realize that it is an interview. You are hiring the attorney - they will be working for you, not the other way around. One simple question can help guide you through this process: Do I want this person to speak for me and be my representative to the insurance company?

3. If, in the hiring process, the attorney does not return your calls, this can be an omen of things to come. Not returning client phone calls is one of the most common complaints people have about their lawyers. Return phone calls are part of the legal service you purchase when you hire an attorney and are also crucial to effective attorney-client communication. Not returning phone calls can be a sign of unprofessionalism.

4. Your first meeting or telephone consultation should be with the attorney not the attorney's paralegal. You are hiring the attorney, so that is the person you should be dealing with; that is the person you want advising you on your case.

5. Make sure you have a written fee agreement with your attorney. For contingent fee cases, which is the fee method in most personal injury cases and workers compensation cases, the Missouri Rules of Professional Conduct require that the fee agreement be in writing. Also, don't feel like you have to sign the fee agreement at your first meeting with the attorney. Take it home and read it over. Make sure you understand all of its provisions. You should also know that contingent fee agreements are specifically prohibited in divorce cases and criminal cases.

6. Don't be afraid to ask your attorney if they have any experience handling the type of case you need help with. Inexperience can result in you not getting full value for your claim or your attorney not obtaining all the necessary evidence and information to get your case ready for trial.

7. Be sure to ask your attorney about his or her trial experience. Some call themselves trial attorneys, but they are little more than claims adjusters. Some trial attorneys have never tried a case. The insurance companies know this and may be reluctant to make a reasonable settlement offer if you have hired an attorney who doesn't go to trial. If you have been seriously injured, you need an attorney who is willing and capable of trying your case.

8. Ask your lawyer how many new cases he or she accepts each month. A high volume of new cases may mean that your case could get lost in the shuffle or that the attorney may not be able to give your case the attention it deserves. Or, it could mean that this attorney is very good at what they do and are in very high demand.

9. Do some background research on the lawyer you are thinking about hiring to determine if they have ever been disciplined by the Supreme Court. This information is available to anyone. For more information contact the Office of Chief Disciplinary Counsel, which is an agency of the Missouri Supreme Court responsible for investigating lawyer misconduct.

10. Remember, if an attorney declines your case, be sure to ask why. It may be that the attorney felt you had a good case, but that they are to busy to handle it for you. Or, it could be that you left out some piece of information that could cause him or her to reconsider their decision to decline your case.

For more information contact me at (877) 657-2050 or visit my website.