5 BIGGEST MISTAKES PEOPLE MAKE IN CHOOSING AN ATTORNEY AND HOW TO AVOID THEM
MYTHS EXPOSED
I see it time and time again. A person has been seriously injured as the result of someone else’s negligence. Without so much as a warning, their life has suddenly been turned inside out.
And it’s left them angry, confused and frustrated . . .
Pain and suffering is now their constant companion. Fear and stress are building, because they are usually unable to work. They can’t help but think, “How will my bills be paid? Will I be compensated for my losses?” Suddenly, it is as if they are carrying the weight of the world on their shoulder? All at a time when they are physically at their weakest.
Needless to say, this person needs help.
In my experience, the best way to find this help is to hire the most competent and caring legal representation you can find!
Yet, there are so many lawyers! “How do you know which one is the best for you?”
This REPORT details some of the critical factors (that in my opinion) you need to be aware of in order to make this very important and personal decision.
LAWYER MYTHS EXPOSED.....back to top
If you've been injured, you will only have one chance to get fair compensation. Therefore, choosing the right lawyer could be one of the most important decisions you will make in your entire life.
That’s why I'm going to expose some myths about lawyers. I sincerely want you to have the best possible chance at making the right choice.
Myth #1: LAWYERS HAVE SAME AMOUNT OF EXPERIENCE AND TRAINING. back to top
The truth is, experience and training varies greatly from lawyer to lawyer. Yet, how do you learn this very important information? Very simple. You need to...
ASK QUESTIONS! It is completely appropriate. What schools did he graduate from? How long has he been in practice? What professional associations does he or she belong to? (These associations often help a lawyer stay current with new changes in the law.
What about complaints? Check with the state bar association to see if there have ever been any complaints lodged against him.
What is the primary focus of his practice? Does the lawyer try to be an expert in too many areas? Is he or she a "Jack of all trades and master of none." (What do his ads or brochures say about this?) Some lawyers have vast experience drafting wills and working on real estate transactions. However, this does not mean they understand accidents and injuries.
More and more, the law is becoming specialized. Just like your doctor may refer you to a specialist to help solve your health problem, you need a firm with experience and expertise in the area of accident and injury law!
Your financial future may be at stake. Don't settle for anything less than the best!
Myth #2: ATTORNEYS THAT ADVERTISES = GOOD LAWYERS. back to top
IF ATTORNEYS ADVERTISES ON TV OR IN EXPENSIVE ADS, THEY MUST BE GOOD LAWYERS. Of course this is a false statement! Unfortunately, just because a lawyer appears on TV or expensive ads, doesn't mean he is the best person to handle your personal injury claim.
Don’t get me wrong. There are plenty of good lawyers with BIG advertising budgets. However, don’t be intimidated.
Ask him the same questions you would ask any lawyer. “What is your experience and background? Who will be handling my case? Will it be assigned to a secretary or paralegal?”
If all a professional has to offer is a TV commercial or full page ad, do you want to entrust one of the most important decisions in your life to that lawyer?
I think you already know the answer to that.
Warning! Some lawyers take on too many cases! These law firms are known in the business as "mills" or "assembly lines.” Beware of the attorney who’s “over-booked” and “understaffed.”
YOUR CASE, NO MATTER HOW BIG OR SMALL IS IMPORTANT! You need to have a lawyer that is committed to providing a quality, personal service. You need someone who will treat your case with the importance it deserves.
Myth #3: ALL LAWYERS ARE SKILLED NEGOTIATORS.
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Insurance companies must be thoroughly convinced of the strength of your case before they will pay what is deserved. If you've ever dealt with a big corporation, you know they can be intimidating and hard lined. However, a good attorney understands how to give them what they need to make a tough decision.
You need an experienced firm who understands the strength and weaknesses of your case, and who knows how to fight for what you deserve! Negotiations must always start from a strength.
If need be, your lawyer must be willing to take your case to trial, in order to get just results. (Good negotiators know how to use this threat to your benefit.) This is why it is important to choose a firm with associates that have a winning track record of high verdicts. This reputation will translate into higher settlements for their clients.
The fact is, most personal injury cases are settled out of court. If you don't have a lawyer who knows the art of tough, effective negotiating, you could be the big loser.
Myth #4. LAWYERS HAVE SAME WRITING AND ORGANIZATIONAL SKILLS. back to top
Of course this is a false statement! Writing is a critical part of the law. Since most cases never go to trial, writing skills are probably even more critical than verbal skills. Your attorney must be able to make an argument on paper. A comprehensive written packet concerning your case called a "settlement brochure" can dramatically increase the settlement value of your injury claim.
Many cases are resolved prior to trial in something called "mediation." Here a detailed summary of your case is presented to a panel of three attorneys for their evaluation. A well organized and effectively written summary can easily increase the award in a case by tens of thousands of dollars.
Your attorney must also be very organized. Some firms waste a good deal of their time searching for misplaced files. How does the office look? Are their files and paperwork scattered everywhere? A good lawyer must also have a calendar system that makes sure that your file is regularly reviewed so it gets the attention it needs. No case can be won if it stays buried in a file cabinet. Talk to the secretary. (It's a good idea to get to know her too.) Is she organized?
Insurance Companies have a whole arsenal of strategies and new weapons of technology, and your lawyer needs to know and use them all! If not, then you are just taking chances and you can't afford to take any chances with your injury case!
Your lawyer must be equipped with the latest computers and CD ROM law library. I learned of the importance of this first hand. I was arguing a case in Marquette, Michigan, in the Upper Peninsula. The night before the hearing, opposing counsel dropped off his brief. Here I was in the middle of nowhere in a hotel, without a law library and it was 10 o'clock at night. He had set me up! Luckily, I had my laptop computer with my CD ROM law library. This is a single computer disk that holds a room full of library books.
I promptly went to work doing research on my laptop. To my surprise I found out that the other lawyer's research (when carefully studied) actually proved my case! The next morning I got to the hearing early, and asked the secretary to copy the cases I found. Imagine the surprise of opposing counsel, when he saw all the research I had done. His jaw dropped to the ground!
I not only won the hearing, the panel awarded me attorney fees! The reason I was able to be prepared was that I had the latest computers and CD ROM technology on my side. Make sure you hire a lawyer who is up to date with the latest tools of the trade!
Myth #5 YOUR LAWYER CALLS ALL THE SHOTS.
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HE DECIDES WHAT IS BEST FOR YOU Nothing could be further from the truth! Of course, all lawyers are hired to give advice. However, the critical decisions are up to the client. He or she controls the case..
Many lawyers forget that he or she works for the client, not the other way around. Like any employee, a lawyer can be fired if they are not living up to the expectations of the boss.
In my practice, I am amazed at how many clients (and lawyers) do not understand this. I constantly hear of clients being bullied, mistreated and abused. Questions and phone calls are ignored. Common courtesy is abandoned. Needless to say, this is unacceptable.
Allow me to take just a few extra moments to explain what I call my CLIENT BILL OF RIGHTS. This list contains the simple courtesy that (in my opinion) should be extended to all clients.
1) Phone calls should be returned within 24 hours (and usually sooner). To me it's a priority. I know that I appreciate it when my phone calls are promptly returned. My clients deserve nothing less. Over 90% of my calls are returned in the first 4 hours.
2) You should be able to schedule any number of appointments to discuss your case. Sometimes injured clients just need to talk to someone. I consider this part of my job, and part of my duty as an attorney and counselor to give them the time they need.
3) You should always be treated with kindness, courteously and dignity. Clients in my office are special guests. I am here to serve their needs. Not the other way around. I want you to stop by and visit, long after the case is over.
4) The client should be regularly informed about what is going on in their case. Worrying about the case is my job. Your job is to heal any physical or emotional injuries caused by the accident. However, regular communication between attorney and client is important in order for both parties to be kept informed of any developments. (Such as a change of doctors, or any court dates on the horizon) This will help avoid problems in the future.
5) All major decisions concerning the case are ultimately up to the client. This again makes it clear, who works for whom. Of course no attorney wants a client breathing down his neck, questioning every decision he makes. However, a major decision, such as whether to settle a case or continue on to trial, is ultimately up to the client.
CONCLUSION
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This report only hits some of the highlights in choosing your lawyer.
However, just by following this advice you are probably ahead of 99% of the rest of the population. Remember, DON'T BE INTIMIDATED! You are the one who is doing the hiring. You have the perfect right to ask lots of questions.