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Picking the Right Lawyer As I sat down to write this article for the “Tides”, it struck me that the question of ethics and capability of lawyers was once again being brought to the forefront by the unfortunate events caused by the allegedly egregious conduct of Scott Rothstein. Once again I would get to hear the lawyer jokes and see my profession linked with the infamous, such as Bernie Madoff. So the question arises, how do you know if you are hiring the right lawyer? I will discuss this as it relates to personal injury attorneys. When you are thinking about hiring a lawyer, just as in the hiring of a doctor, accountant or architect, you should inquire about that lawyer’s experience. The fact that his picture appears prominently on a billboard on I-95 merely attests to the fact that he can afford to pay for the sign, yet says nothing about his legal abilities. Experience for personal injury attorneys is garnered by courtroom experience. Ask specifically not how many similar cases the attorney has handled but how many they have filed suit on and taken tot trial. Insurance companies know which lawyers are willing to pursue their client’s claims in court and which ones always settle their cases without going to trial. When a lawyer always settles all the time, the insurance companies will offer less money knowing the lawyer will take it no further because of their inability to try cases. Not every case should go to court but the lawyer should have the ability and knowledge to advise the client on how to proceed. The reputation of your lawyer among other lawyers is important since a lawyer with a good reputation, who is respected by others in the profession, has an easier time in moving your case along, should it have to be litigated. There is a rating service, Martindale-Hubbell, which asks lawyers in a local community to rate other lawyers. Their website (www.martindale.com) allows an individual to look up their lawyers rating, providing that he has been peer reviewed. The highest rating a lawyer can obtain is AV, which addresses both their legal ability and their reputation for ethical conduct. I have been privileged to have an AV rating for almost 20 years. One should also look at the organizations that the lawyer is a member of. Most personal injury attorneys are members of the American Justice Association and the Florida Justice Association. While these two organization are great advocates for the rights of individuals who are injured, the fact that a lawyer is a member says nothing about their abilities or ethics. These organizations can be joined by anyone who does work on behalf of the injured. Certain organizations, such as the American Board of Trial Advocates (ABOTA), (www.abota.com) an organization whose purpose is to maintain access of individuals to jury trials, has a rigorous nomination, application and election process. Out of almost 7000 lawyers in Broward County, there are on about 50 lawyers who have been nominated and elected to this organization. In order to be a member, one must have a certain number of jury trials and have a high ethical reputation. I have been a member since 1994. There are other sources which one should consider such as the Florida Bar Association and the Broward County Bar Association. While they will give you only limited information on local lawyers, all information is important to consider. The recommendations of friends is also a valuable asset. One should consider those recommendations with reservations unless the person is particularly familiar with the individual they recommend. Lastly, individuals should also note whether their lawyer carries malpractice insurance. In any profession, competent individuals make mistakes, be they doctors, accountants or lawyers. It is my personal feeling that the purchasing of insurance to protect their clients is a sign the attorney recognizes that they are human and that they need to protect their clients and themselves from inadvertent errors. Making a decision on a lawyer to represent you in a personal injury action is a critical decision and should not be made merely on the basis of how many times your lawyer’s name appears in the society section of the local paper or how large a billboard he can afford on I-95. Rather, the decision should be based on the lawyer’s legal ability and ethical standards. Robert Spector, is an AV rated trial attorney, with over 34 years of handling cases in Florida on behalf of injured people. If you have any questions contact him at 954-764-2909 or by email at Robert@SpectorLawOffices.com Also see his website at www.SpectorLawOffices.com |
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954-764-2909 or 1-800-393-0596 |
