
Step One: Start to Learn About Your Legal Problem In the old days, the law was pretty much a secret. The ONLY way you could get your questions answered was to talk to a lawyer. Not anymore. Now, with the advent of the Internet, there is no longer any excuse for anyone to not get a basic understanding about their legal problem. Search the Internet for FAQ's (Frequently Asked Questions) about your legal problem. Visit lawyer websites. Visit chat rooms. Visit other legal web sites.
Now remember, I am not saying that all this information and advice you find on the Internet is any good, but all you are doing at this point is collecting information—finding out "what ballpark you are playing in"—even before you talk to a lawyer. Some of the information you find may be flat out wrong—that's why you visit lots of sites. Obviously, it would be foolish to rely on information you find at any one web site.
The purpose here is simply to move you along the path of knowledge so that you can make an informed decision about what lawyer to hire. On page xx, I list a number of web sites you might look at. Remember, though, that if a law firm is listed at one of these sites, all it took was a checkbook (sometimes a big fat checkbook) to get there. Next, take a visit to the library. Remember the library? I visit the library regularly. It is a fantastic resource of free information. Even though we have the Internet, there is nothing like a good old-fashioned book to start you on the right course. Every city has one!
Step Two: Start to Gather Names of Potential Attorneys Here are your sources of information. Remember, you are still in the information-gathering process.
1. Think about your problem. What have you learned about your type of case? Now, can you summarize your problem in 20 words or less? "I was in a car accident." "I am having a problem with a tenant." "I would like to start an at-home business." "My child was arrested for DWI."
2. Do you personally know any lawyers in your area? They will be a good source of names. Even if your legal need is in another state, ask the lawyer you know first. He or she will probably be able to either refer you to a set of names in the other state or give you the name of someone who can.
3. Do you know anyone who has used a lawyer? At least then, when you call that lawyer, you can say that, "Mary gave me your name and I am looking for a lawyer who handles XYZ type of case."
4. Peruse the Internet. Do a search for [type of case] in [city or state]. Don't bother just typing in "personal injury attorney." That will return thousands of entries, most from geographical areas far from you. Rather, type in "auto accident attorney in Fairfax, Virginia" or "divorce attorney in Richmond, Virginia."
5. Pull out and look at the Yellow Pages. I recommend looking for lawyers who advertise only one or two closely related specialties. My experience is that usually a lawyer who specializes is better than getting a "jack-of-all-trades" type of firm or lawyer. This is because in the last 20 years, the law has become more complex than ever before. Many lawyers now specialize in just a few related legal areas. For example, a lawyer who specializes in wills and estate planning may also specialize in elder law planning. A DWI lawyer may handle shoplifting cases. A medical malpractice attorney may handle other personal injury cases. Those ads that proclaim a long list of "specialties" or types of cases are not very helpful, are they?
6. Yes, you can even write down the name of the lawyers you see on TV. You can't judge a lawyer by the media she uses to advertise. While, frankly, many firms that advertise on TV are running high volume practices, there are some good skilled, and reputable attorneys advertising on TV.
Step Three: Call and Ask for Written Information Call and ask for written information about the lawyers. Just like buying a high-priced consumer product, you are usually better off doing all of your initial research in the comfort of your own home. You don't want to be subjected to any high pressure sales tactics, do you? Most lawyers offer free initial consultations in a variety of case and flat fee or reduced rates for an initial consultation in other areas. That probably is not the most efficient way of getting information. The better course is to call and ask them to send you their "information package on YOUR TYPE OF case." Ask them to send you anything they would like you to read that would convince you to hire them as your attorneys. Remember, while there are time limits for filing suit, in most cases you have time to do your research in the comfort of your own home, on your own time. (I told you this was work; didn't I?)
Hint: beware of any lawyer who phones you first, or has someone else directly solicit you in person after you have been injured. In person solicitation by a lawyer (or someone representing a law firm) who does not have a prior relationship with you is universally condemned. Some lawyers may contact you by mail after you have been in an accident. No problem with that. You can just throw the letters away if you want. But the better practice (remember, we are information gathering) may be to just call them up on the phone and ask them to mail you everything they have that would be useful in deciding whether to hire their law firm. If they say, "The only way to get this information is to come in," all you have to do is hang up. A
fter you have done your preliminary homework, narrow your search to 3-5 lawyers who appear to be experienced with your legal problem, make an appointment and interview them. There is no substitute for an in-person interview. No matter how experienced or successful they are, you have to feel comfortable with them. You have to trust them. Many will meet you in your home if you cannot travel to the office.
Step Four: Now That You Have Arranged an In-Person Interview, Ask The Right Questions if You Are Looking for a Personal Injury or Medical Malpractice Attorney .
Remember, the best and most experienced attorneys usually have a line of people begging to hire them. They are usually very selective in types of cases they will handle. They will not be insulted or put off by these questions. Rather, they will welcome them, because it shows you are taking steps to educate yourself. We'd all much rather represent someone who does this than gets wacky advice from their cousin or neighbor.
1. How many years have you been in practice?
2. Do you have actual experience handling my type of case?
3. Where can I read about your other cases?
4. What is the hardest part about my case?
5. Have you won any large verdicts or settlements?
6. Are you board certified by any state or nationally recognized organizations?
7. Are you listed in Best Lawyers in America®?
8 Do you carry malpractice insurance? (In Virginia, this information is also available at www.vsb.org.)
9. Are you an active member of any state or national trial lawyer organizations?
10. Have you been disciplined by your state bar association?
11. What is the process for handling my case?
12. Who in your office will be working on my case?
13. How will you keep me informed about my case?
14. What is my case worth?
15. Do you represent any insurance companies at all? You really need to know where their interests lie. Some lawyers do most of their work for the insurance companies. This may suit you just fine. For others, the appearance of bias would be too much.
16. Do you represent any corporations (besides "mom and pop" local businesses)? Again, if you are calling about an injury case, you may want to find an attorney who is passionate about representing individuals - not big businesses.
17. Can I take a copy of the written fee agreement home with me to study? (There is no "standard" fee and no standard fee agreement. Do not assume that if you have seen one, you have seen them all.)
18. If you are looking for an injury, disability or malpractice attorney, ask, "Do you spend at least 90% of your time representing individuals against insurance companies in injury, disability and malpractice cases?"
19. Do you regularly attend Continuing Legal Education courses in your area of expertise?
20. Do you teach Continuing Legal Education courses to other lawyers?
21. What is your Martindale-Hubbell® rating?
22. Have you published any articles, guides or books for consumers or other attorneys?
And The Best Question of All: Who else should be on my list of attorneys to talk to? This is a great question because the names you see coming up time and time again when you ask this question are as close to a "sure bet" to be the right lawyer as you can get!
All good, competent, honest attorneys will freely share their information with you. These are the attorneys that have as much (or more) work than they can handle. If they won't give you any other names - leave! It just may be a huge warning sign that they are starving for business—not a good sign.
For additional information, please click on this link and claim access to a free sample chapter of The Five Deadly Sins That Can Wreck Your Injury Claim.
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