How Do You Find the Right Lawyer to Represent You?

EXPERIENCE - Obviously, the longer you have been practicing a particular area of the law, the more you will know. Experience is a big factor in most cases. I've been doing this for 25 years and I learn something new every week.

EXPERIENCE ACTUALLY TRYING CASES - Ask the attorney how many cases he or she has actually tried. Not all lawyers go to trial; some who advertise for personal injury or medical malpractice cases have NEVER gone to trial. Most cases do settle, but if your attorney rarely or never tries cases, that is a major red flag. Remember, the insurance company knows who tries cases and who is just a settlement mill. So ask about the cases. Past results are not a guarantee of the future, but they do at least demonstrate some level of trial experience. I have maybe tried more cases than I should have over the years (some of them were so small that I didn't get paid much for all the time and effort), but I believe insurance companies know that when I say I am willing to go to trial on a case, I mean it.

A FIGHTER IN THE APPELLATE ARENA - Trial courts don't always make the right decisions. Does your attorney have any experience in appealing bad decisions and making good law? I think writing appellate briefs and arguing in front of a panel of judges such as the 2nd District Court of Appeals is not only exciting, but is the highest form of argument I can do as a trial attorney. Nothing keeps you on your toes like having a panel of judges firing questions at you!

WHO IS YOUR LAWYER - Find out who will actually be working on your case. Some firms have tons of lawyers, but you really only have one attorney who is responsible for you case and who is actually doing the work. Sometimes its not even a lawyer doing the work! (Your case might be handled almost entirely by a para-legal or case manager!) Make sure you understand who will be handling your case. There are certainly some aspects of a case that do not require the attention of the senior attorney at a big firm. On the other hand, if you are hiring that big firm because of that senior attorney's trial skills, then you better make sure that he is the attorney that will actually be handling your case. Some firms have other attorneys, para-legals or case managers work up the case and the trial attorney just takes over for the actual trial. That is not a system I believe in. I prefer to make arguments to a jury about a client that I have known from the initial interview, through all the meetings in which they have told me how their treatment is going, and the effects all of this has had on their life. I don't want to meet my client right before trial and have them give me a summary of the last two years! That is why I keep my practice small. I think personal attention actually comes through in the court room. It is certainly not the only way to successfully practice law, but it is the way I prefer to do it.

MEMBERSHIP IN TRIAL LAWYER ASSOCIATIONS - Every practicing attorney in Florida is a member of The Florida Bar. Trial attorneys in my area of St. Petersburg, Clearwater and Tampa may also be members of the Tampa Bay Trial Lawyers Association and/or the Florida Justice Association. I am a member of all of these groups and they are tremendous for providing extensive continuing education and networking for trial attorneys. There is no better way for a trial attorney to learn about tactics, techniques, expert witnesses or even judges and defense lawyers than by networking with other plaintiff trial attorneys.

LICENSURE - Ask your attorney if he is licensed in the state where your case will be filed. I believe that an attorney that is not licensed where the case will be filed is at an extreme disadvantage when it comes to negotiating with the insurance company. The insurance companies know it will be inconvenient for someone out of state to try a case, so they are less afraid of a lawsuit. I've heard horror stories of attorneys committing malpractice by not knowing local rules or even the proper statute of limitations! It is certainly permissible to have a local attorney whom you trust, but if the case is to be filed elsewhere, that attorney should find co-counsel in the state where the case will be tried. That co-counsel will not only know that state's laws and procedure, but he will know the judges, lawyers and experts involved. I have co-counseled attorneys from as nearby as Georgia to as far away as Canada.

MALPRACTICE INSURANCE - Make sure your attorney has insurance! Don't be afraid to ask. If your attorney somehow screws up your case, you need to be protected. I do not generally handle legal malpractice claims against other attorneys. However, on one occasion, I took over a case that had been handled by another attorney. (One of the main reasons I generally will no longer take over cases handled by someone else!) That attorney had settled the case without permission of an additional insurance company. This voided that coverage that the client could have collected on. It was an open and shut case of legal malpractice for which this attorney was responsible. Unfortunately, he did not carry malpractice insurance, and he simply filed bankruptcy. My client collecting nothing from that policy, and I still see this guy out there practicing law!

COMMUNICATION - How will your attorney keep you informed about the progress of your case? In my practice, I generally send a copy of every piece of correspondence and pleading to the client. I don't send all the medical records unless the client really wants them (lots of paper, and we lawyers already kill plenty of trees). I also take the time to explain the pace of the case and in what time frames you can expect activity to take place. There are many factors out of my control and the wheels of justice are slow, but that is no reason for the client not to know what is going on. I also always encourage my clients to call me if any questions come up. My legal assistants are great, but if they can't answer your question, or if you just want to talk to me directly, all you have to do is ask, and you will talk to me (not some para-legal or case manager).

FEES AND COSTS - Most injury cases are handled on a contingent fee which means if you get a settlement or a jury verdict in your favor, the attorneys fees come out of that recovery. But ask the attorney how he handles costs. Costs are all the expenses of the case, and some attorneys expect you to pay those costs even if they lose the case! I have never practiced that way. For 25 years my contract has always stated that BOTH my fees AND costs are ONLY paid out of a recovery. I have always felt better promising a client that no matter how the case turns out, there is no way you will ever have to come out of pocket to me!

Now you know some of the things to look for, and some good questions to ask.