Finding
the
Right
Trial
Attorney
The process of litigating a malpractice or other important case can be one of the most significant life experiences an individual or family faces. Most serious civil litigation is complex, stressful and costly. The selection of the appropriate attorney can be the difference between winning and losing your case. If the attorney you hire is not an experienced trial attorney, the opposing counsel may force your to case to trial to exploit his inexperience. Whether your goal is to leverage an early settlement or take your case all the way to trial, your changes for a successful result will be higher with the right
attorney.
But how do you decide who is the right attorney for your case? The internet offers a unique opportunity for consumers to educate themselves about attorneys in their area. But many web pages provide slick slogans and claims of great legal prowess, without providing the detailed substantive consumer information you need to distinguish a qualified trial attorney from a skilled internet
marketer.
The following are some of the factors you may want to consider in selecting your attorney:
- Is it a law practice or a referral service? Some web pages are simply marketing tools to refer you to attorneys in your area, who may or may not be qualified to handle your case.
- What level of trial experience does the attorney who will be handling your case actually have? If you go with a large firm, do you know who will actually be doing the legal work on your case?
- What actual trial results has the attorney obtained in the area that he or she practices? Are they posted on the web page or publicly available?
- What type of reputation does the attorney enjoy in his
field? Can he provide client references or testimonials?
- What type of fee is the attorney charging for his services? Is he willing to engage in contingency fee agreement to share the risk involved in trying your case to verdict?
- Be wary of attorneys who promise certain results or tell you your case is worth millions. No one can predict how a jury will decide your case and many states have damage caps.
- Does the attorney have publications in his claimed areas of expertise? Does he belong to professional organizations related to his claimed specialty?
- Communication with your attorney is important. Does the attorney appear available and responsive to your initial inquiries? If he doesn’t seem responsive when you are trying to give him business, his attitude may not change once you’ve entered into a binding contract to pay his fees.
- Has your prospective attorney ever been the subject of disciplinary action by the state bar?
|
