It is your job to be very actively involved with your case from day one until the check clears the bank. That is the best way to ensure that your lawyer does his job properly. Many personal injury attorneys are overworked or are simply too lazy to do the job right without prompting. Everyone has heard that "the squeaky wheel gets the grease." Nowhere is this truism more important than in personal injury litigation.

   Especially if you have entrusted your case to one of the larger personal injury firms, your case may be pushed onto an associate who has nothing financially to gain by handling your case in an aggressive manner. The famous partner known for several multi-million dollar jury verdicts may simply not have the time for your little case. Don’t be surprised if some fresh faced 24 year old gets handed your file. Now don’t get me wrong. Many young lawyers are filled with energy for effective battle with the insurance companies. But many are handling a hundred or more other files and yours may be placed on a very slow assembly line. They may be inexperienced, stressed out and unprepared to handle your case properly.

   Worse, the associate may have no financial stake in your case. The arrangements vary from firm to firm, but at the vast majority, the only lawyer who has a financial interest in your case is the one who brought the case into the firm. The lowly associate who actually ends up processing the case is undoubtedly on straight salary. His financial incentive is to turn over his cases with the least bother to him, even if this means settling the case for less than it’s worth. On the other hand, if you retain a solo practitioner or small partnership, the lawyer who handles your case will actually receive the attorney’s fees earned on the case. Nothing motivates like a financial incentive. Even though lawyers are ethically bound to zealously represent the interests of all their clients, human nature should tell you that you will do best if your lawyer has something to gain by the aggressive and forceful prosecution of your case.

   Staying active throughout the process is important regardless of the lawyer you retain. If your case has been shuffled off to an associate, this is especially key. You should insist on receiving copies of all correspondence your lawyer sends out on your behalf. You can even ask for copies of all letters from the insurance company and its lawyers. You should also review your medical records for accuracy. The only way you can know for sure if your lawyer is being straight with you is if you have access to the file. Also, since the lawyer knows you are keeping close tabs on him, he will be sure not to "back burner" your case. In other words, he will know that unless he stays very active, you will be contacting him with difficult questions. It is your right to know what is going on at all times with your case. It is also your right to have a lawyer who will aggressively pursue a rapid and fair settlement of your case. Do not accept anything less. The squeaky wheel does indeed get the grease.

   I suggest that you wait a week or so after the initial interview with the lawyer before you call to find out how things are going. You will want to know if witnesses have been contacted, if a request for the police report has been made, etc. You can then follow up a couple weeks later and then perhaps once a month after that. Of course if specific questions come up, you should feel free to call anytime.

   But you don’t want to turn into a "problem client." Problem clients call every other day, often just to talk. Problem clients call to complain in a whiny voice about everything that’s wrong in their life. Your lawyer is not there to hold your hand or to become your social companion. Most lawyers are simply too busy for that. Organize your thoughts before you make the call so that you can clearly and concisely make your points and ask your questions. Lawyers are used to processing information in a concise and direct way. If you chatter endlessly in a disorganized fashion, your lawyer may wish to terminate the conversation as soon as possible. Trial lawyering can be a very stressful way to make a living. If your phone calls add to this stress, your lawyer may dread your calls. If prematurely terminated calls cause your attorney to miss out on useful information, your case will suffer. Your lawyer will resent the fact that he has to waste a lot of time on activities that do nothing to further your case. Human nature may cause your lawyer to recommend settlement of your case for less than it’s worth so that he can close your file and rid himself of a problem client. Treat your lawyer with the respect and courtesy you would like to be treated with and you will ensure the best possible result.

   When your medical treatment is completed, let your lawyer know this. Insist that he immediately finish the process of gathering your records and organizing them into a settlement package. A settlement package is a collection of your medical bills and reports, photographs, and expert witness reports needed. Expert witnesses can be economists retained to determine your economic losses, vocational specialists who help determine the jobs available for injured plaintiffs who can no longer do their old job, etc. Assuming the cooperation of your doctors, the settlement package should be on its way to the insurance company within a month after you finish your treatment. If it isn’t, find out why. The first offer of settlement should be made within 3 weeks after the settlement package is sent. If it isn’t, find out why. If the case isn’t settled within 6 weeks after the package is sent, find out why. If the case doesn’t settle, insist that your lawyer immediately prepare the lawsuit papers. This should take no more than an hour to complete. These papers should be in your hands within a week. The suit should be filed by the time another week passes. But these things will happen only if your lawyer is on his toes. And most lawyers need prompting from their clients to stay there. Keeping tabs on the progress of your case does not make you a problem client, just an actively concerned one. Your lawyer should appreciate your interest.

   Even after the suit is filed, you need to stay active. Be sure your lawyer is aggressively pursuing discovery. When it comes time to respond to the other lawyer’s discovery requests, it is very important that you work closely with your lawyer. Be sure that the information he provides to the other lawyer is accurate. If it is not, you are the one the other lawyer will crucify at trial, not your lawyer.

   It is very easy for an overworked or lazy lawyer to get it wrong. It is up to you to double check the information that is to be provided to the other side. You may feel that your lawyer is being paid handsomely to do the job right. You may resent having to help him do his job. If so, feel free to trust that your lawyer will get it right. But don’t complain when mistakes are made. It is much better and easier to catch errors before they become problems. Try to think of your case as a challenging game to succeed at, rather than a difficult job to avoid doing. You can think of yourself and your lawyer as partners, with you having special knowledge of the facts and your lawyer having special knowledge of the law. Your case is an opportunity to learn and grow, not just to make money.

   The most important phases of a personal injury case are depositions and the trial (Chapter 9 of the complete book). Preparation is key. Be sure your lawyer knows that you expect him to take all the time needed with you to ensure that no mistakes are made. If your case is an average personal injury matter, your deposition will probably last about an hour and a half. Your lawyer should spend at least an hour with you prior to the deposition getting you ready for it. Later you will also need to prepare for your trial testimony. Again at least an hour should be spent with your lawyer just before the trial in preparation. If the young lawyer assigned to your case resists taking the time to prepare you, you may be in big trouble. Call the partner who attracted you to the firm in the first place and find out why you are not being given an adequate preparation session. Preparation for testimony is a very important part of your case. If you are being neglected, don’t worry about ruffling the feathers of the associate handling the case. Call the partner and complain.