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Finding an Attorney |
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If you decide to hire a personal injury attorney, it is essential that you find an attorney you can trust. You should also be sure that he or she has some experience. You can also check with your local Bar Association to find out if the lawyer you are considering has a good reputation. Some bar associations are not permitted to recommend attorneys. They must be neutral. If you cannot find the right lawyer through the recommendation of a friend or family member or through a bar association, you might get really creative and do your own research. You must be willing to take some time and make a considerable effort if you wish to take this route, but I think it is well worth it. I suggest that you consult a legal journal in your area which reviews the results of personal injury cases. You can find these publications in your local law library or through the bar association. This review will provide you with the facts of many cases, the names of the lawyers and the outcome. Perhaps you will find a case similar to yours which turned out favorably for the plaintiff. If so, you can contact the plaintiff’s lawyer. One of the first questions he will ask you is how you found him. You can bet he will be quite impressed with your ingenuity in locating him this way. Even if a lawyer you find cannot represent you, he may be able to refer you to someone who can. Lawyers generally receive referral fees when they send clients to one another. At the end of your case, the referring attorney may receive as much as one third of the attorney fees simply for making a phone call to another lawyer. Nice work if you can get it. The downside to this is that the lawyer who actually does the work does not receive a full fee. This could reduce his incentive to work as hard on the file as if he got to keep the whole fee. It is unethical for an attorney to put less effort into a case for this reason. But human nature dictates that sometimes this will be the unfortunate result of the referral fee system. The upside is that you will end up with a personal injury specialist. The referring attorney is doubly motivated to find the best lawyer for you. Not only is he ethically bound to refer you to someone who will zealously pursue your case, he has a financial incentive to find someone who will obtain a maximum settlement or verdict in the least possible amount of time. Note that it is illegal for lawyers to pay referral fees to non-lawyers. This is to discourage "ambulance chasing." If you insist on receiving such a fee, you will alienate your attorney, assuming he practices law ethically. If he offers you a fee for sending him cases, find a new lawyer. The worst way to pick a lawyer is by the recommendation of someone you first meet at the accident scene. This nation’s big cities are filled with "ambulance chasers" who magically appear at accident scenes ready to advise the vulnerable accident victim. These vultures are on the payroll of unethical lawyers who make their living off of the assembly line handling of vast numbers of personal injury cases, some real and some faked, or at least exaggerated. You should not trust your important rights to someone who practices the great profession of law in an unethical and unscrupulous way. Another questionable way to find an attorney is through an advertisement. The Yellow Pages are filled with the ads of P. I. lawyers, some of whom are extremely competent and some of whom are unscrupulous ambulance chasers. If you must choose a lawyer from an ad, interview several and then investigate the credentials of those you like. Your state or city bar association maintains disciplinary files which can help you to steer clear of unethical practitioners. These files are not always open to the public. P. I. lawyers almost never charge for the initial consultation. You can interview as many as you like before you sign a fee agreement. However, it is a bad idea to wait too long before selecting one. A prompt investigation by your lawyer may be crucial to your case. So if you’re comfortable with the first lawyer you meet, you can sign a fee agreement and let him begin the investigation. If you sign a fee agreement but then change your mind, you can still fire the first lawyer and hire a new one. The first lawyer is required to turn your file over to the new lawyer. The lawyers will divide one attorney’s fee. You should not have to pay extra for changing lawyers. Treat your selection of a personal injury lawyer the way you would any matter of importance in your life. Your choice of a lawyer may make the difference between years of uncertainty and stress, and a rapid, successful and not unpleasant experience. Some people actually even enjoy their exposure to this legal process. I would be happy to help you with referrals in your state. I have experienced and reliable contacts in all 50 states. For more information on how I can help you find a lawyer, click here. |
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| © 1991-2003 Evan K. Aidman, Esq. All Rights Reserved. | ||
| Questions? Email us at info@legalaidman.com |