How to choose an attorney to handle your serious injury or fatal accident claim

I. In general...

The selection of a Liability or Trial attorney is not usually something people are accustomed to doing. Fortunately, the majority of people, their family and friends are not involved in a major accident resulting in tragic injuries or the death of a loved one. When these tragedies occur it is not uncommon for people to be at a loss as to whom they should turn to for the legal assistance they need. Up to the late 1970's, lawyers were not able to openly advertise as this was considered demeaning to the profession and an ethical violation according to many State and Federal Bar Associations. Back then, the traditional way to select an attorney was from a referral made by a relative, friend or acquittance, who was personally aware of an attorney, having personally retained or opposed such attorney (and who presumably left a good impression) or whose reputation of quality was well known in the community.

In 1979, a Legal Clinic litigated what they considered their right to advertise their legal services. In their claim, the Clinic contended that their First Amendment Right of Free Speech was being violated by the Bar Association's rules that legal advertising was an ethical violation. Going all the way to the highest court in the country, the United States Supreme Court in a landmark decision approved, with little limitation, a lawyer's right to advertise.

Some attorneys and firms have used this newly found tool with dignity and in the professional manner the Court intended. Unfortunately this decision also opened the flood gates for the self serving, "my lawyer got me 2.1 Million," type advertisements we have become so accustomed to seeing. Such ads may be misleading as each case is to be evaluated on its own merits, and it is really unknown if the advertised "2.1M" or any other advertised result was the true value of the case (i.e. was the case really worth $5.1 Million?) With lawyers now competing for ad space on billboards, newspapers, daytime television and other places, as opposed to the courtroom, most advertising lawyers have forgotten that such ads were to be a public service as opposed to a self-serving commentary. Too often we now see the lawyer ad portraying what is to be the, "aggressive lawyer," in a suit, rolling up his sleeves and displaying photos of crash scenes and wheelchairs. Often times the public is totally mislead into thinking the lawyer with the largest ad or ad budget must be the best. Clearly this is not the case.

The Law Firm of Robinson Calcagnie Robinson Shapiro Davis, Inc. does not encourage nor condone the types of advertising we now so often see. Although some lawyer ads are professional and designed to simply make known their type of practice and availability, most are not. We prefer traditional means of welcoming our clients. Year after year, the majority of our clients are referred to us by past clients, other personal injury attorneys, as well as attorneys of other disciplines, Judges, court staff and other means of personal referral.

While the decade of the 70's paved the way for people in need to locate a lawyer by advertising, the new millennium is again changing the way injured victims or the heirs of victims will select their attorney. With the popularity of computers, Web T.V. and like services, people can be introduced to attorneys in the comfort of their own home at any time of day or night. In Web Pages, just like the one you are looking at, attorneys can provide extended information about their office and their philosophies to prospective clients. This firm believes this is far superior to being limited to the competitive ad space in a print ad, TV, Radio or bus bench.

However you obtain the name of an attorney, be it be by surfing the web, personal referral, lawyer ad or otherwise, it is often important for people to know some specific information about the attorney or firm they are retaining. In providing the series of questions below, we are here trying to assist those in need of a Litigation/Trial attorney with a means of gaining some informative and useful information about an attorney before making a selection.

II Sample questions of your prospective personal injury/wrongful death attorney.

In the initial interview process, an attorney will want to gain enough information from you both about yourself and the facts of your case to enable him or her to make a determination as to whether or not your case will be accepted. The interview process, however, is not a one way street. Just like the attorney should want you to be honest open and candid with every fact, you will want the same candor from the attorney. Entrusting your case with the right attorney means you must learn some information about his or her practice and experience in the area of law your matter relates. You must have confidence in the attorney you select both in terms of ability, background, resources, and attitude.

Realizing many people do not know what information is important to ask about, as a part of our web site, the Law Firm of Robinson Calcagnie Robinson Shapiro Davis, Inc. here provides what is hoped to be helpful points that will assist prospective clients in gaining some important information In inquiring about these topic areas, you will learn about the knowledge, experience, ability and background of the lawyer as well as the resources available to the attorney. In addition to this inquery, you should be open and ask any other question you believe is pertinent to satisfy you that such attorney or firm is right for you. What is often forgotten is that the attorney client relationship is one that lasts a long time and putting a little more effort in the selection process at the start can make things a lot better as the case goes on.

We invite you to take a few moments to review the sample areas of inquery that we hope helps you in your selection process. To further assist you, we have provided you with the information about our law firm at the end of each area to enable you to understand our background. It is equally important that you be completely comfortable with the lawyer you select and of course you will be the judge of attitude both from your first impressions and by reputation.

1. Is the attorney rated by Martindale/ Hubbell?
2. Is the attorney listed in the Martindale Hubbell listing of the "Book of Pre-eminent Lawyers" in the United States?
3. Is the lawyer inducted to the International Academy of Trial Lawyers?
4. Is the lawyer a member of the American Board of Trial Advocates? (ABOTA)
5. Is the lawyer board certified with the National Board of Trial Advocacy? (NBTA)
6. What Associations and Affiliations is the lawyer a member of ? Of those associations and legal entities, has the lawyer been an active member other then simply being a dues paying member?
7. Has the attorney been formally recognized as having Trial Experience in any areas of Trial practice?
8. What courts is the lawyer admitted to practice law in?
9. Has the lawyer been active in the recent years in trying cases before juries? What are some of the types of cases the attorney has tried, and was the out come consistent with the attorneys expectation?
10. Does the attorney advertise? If so, where do you advertise and what do the ads say? Ask the attorney for a copy of the ads he has taken out and of all representations made in the ad, ask him or her the details of the representations.
11. Ask the attorney for a tour of his or her office facilities. Ask to see the type of office technology and equipment the law firm uses. As you will be working with the support staff as well as the attorneys, ask to be introduced to the staff.
12. Make sure you bring your common sense into the law office when the initial interview takes place. Selecting an attorney is a long range matter. It is the formation of a team. You must make certain that you are comfortable with the attorney you are with. First impressions are important to juries and they should be important to you as well. Is this the type of person you want working for you. Do you have confidence in the attorney you are speaking with? Are you even speaking with an attorney or are you being interviewed by support staff?

CLOSING COMMENT:

In addition to the qualifications, knowledge and experience of a particular lawyer or firm, one should always personally interview the lawyer that will be handling and trying the case. As the lawyer and the client make up, "a team for the litigation," each must be happy with each other, each must be willing to work well together, and cooperate with one another. Each must be ready to accept the good and the bad that always seems to come with litigation. Above all, each must feel good with the decision they make to work with the attorney and client each selects. Litigation often takes years, and it is best that both the attorney and the client select a person at the very beginning they are confident in, want on their team, and are willing to listen to. We wish you the best in the selection of your trial attorney and of course welcome you to consider us for your legal and trial needs.