How to select a personal injury attorney

In a perfect world, justice would prevail easily and promptly, no matter what. But in the real world, justice must often be obtained through a long and complicated legal process. The people who are seeking to deny you justice–typically big corporations and insurance companies–are going to have formidable legal firepower on their side. If you don’t have a competent attorney working for you, you’ll be “outgunned,” and can easily lose no matter how good your case is. Here’s some advice on how to find such an attorney.

Finding the right attorney is like finding the right employee: first, you determine your criteria, then you build a list of prospects who meet those criteria, and finally, you choose the best one.

The main criteria you should be looking for are:

• Considerable experience in the personal injury field. The best real estate or divorce attorney will be like a fish out of water in the PI field. Find an attorney who has dealt with many PI cases, and has a good track record.
• Willingness to take your case on a contingency basis. This means that the lawyer only gets paid if you win. 30% of the final settlement is a typical contingency fee. That’s very lucrative! An attorney who isn’t willing to accept such an agreement doesn’t have much faith that he or she is going to win.

You can go to several places to build your list of prospects. Here they are, in descending order of desirability.

• A referral from a friend who has had experience with a good personal injury attorney. There’s nothing better than the opinion of someone who you know has your best interests in mind.
• A referral from another attorney. If you have a relationship with an attorney in another field, ask him or her for a referral. Attorneys generally know among themselves who’s good, and who isn’t.
• A referral from your local bar association. They generally refrain from commenting on how good or bad an attorney is, but they at least usually know who specializes in what.
• A referral from martindale.com. This is the biggest online attorney referral service and is generally considered objective and trustworthy.
• The yellow pages. Yes, they’re all listed there. But remember, the size of the ad depends on the attorney’s willingness to pay for advertising, not on his or her quality.
• Billboards and TV commercials. Not all the attorneys who advertise here are bad… but they’re usually not very highly respected by their colleagues.

Once you’ve compiled your list, interview the attorneys. If you’re too ill or injured to do so, have a trusted friend do it. Ask plenty of questions, like: How many cases like mine have you handled? How many have you won? How many have you taken to trial, and how many have you taken to court? What are the exact terms and conditions of your contract with the client?

Also, get a feel for how important you will be to the attorney. Does he or she return your phone calls promptly? Is the attorney willing to take time to explain things to you? How does the attorney prefer to communicate–by mail, phone, fax, e-mail, or in person? Will you be given copies of all documents?

After you’ve considered all these issues, make your choice–and then work closely with your attorney. Especially, don’t withhold any information from him or her! Follow your attorney’s instructions to the letter. With any luck, your relationship will be very profitable–for both of you!