before hiring the wrong personal injury lawyer ask 10 questions!
Jon D. Alexander, Esq.
1. How long have you been in practice? While many young attorneys have the potential to become accomplished trial lawyers, you do not want your case handled by a novice.
2. Do you maintain a malpractice liability policy? Attorneys, like doctors, should have a policy of professional liability insurance, as accidents and mistakes, unfortunately, do occur.
3. How many cases like mine have you taken to trial and/or settlement? This number is a bellwether indicating the attorney's familiarity and experience with cases like yours.
4. About how much of your practice focuses on cases like mine? To attain real expertise, an attorney should focus at least 75% of his time on the subject matter and practice areas involved in your case.
5. Will you be working on my case alone or do you routinely have junior attorneys assist on matters like mine? Junior associate attorneys often perform work on many matters for more senior, accomplished attorneys. You should, however, ask to meet these attorneys in order to evaluate them. The subject matter of your case and the laws governing it might seem foreign and unintelligible but you should not ignore your own personal judgment when it comes to sizing up a prospective attorney and his employees.
6. What is your policy regarding returning client phone calls? The most frequent complaint of clients is unreturned phone calls. Your attorney should have a 24 hour turnaround on client phone calls, absent unusual circumstances. It would be best to have this policy written into your retainer agreement with the attorney to ensure compliance.
7. Will you take the time to explain all of the legal concepts, court procedures, fee arrangements, retainer agreements, billing practices, and payment of costs to me? This question is important because these matters can be time consuming and obtaining an affirmation from your attorney will set the tone. You will demonstrate that you are aware that the subject matter might be foreign to you but that you are willing to learn and be involved in your case to the best of your ability.
8. How do you think my case should handled, that is, do you have a set strategy for cases like mine? Again, this question will demonstrate (1) whether your prospective attorney is familiar with your case's subject matter and (2) his organizational skills.
9. How long do you think my case will take before we reach settlement or go to trial? Be wary of an attorney who promises quick settlement or resolution, but your attorney should provide you with at least an estimate of the time required to reach disposition of your case.
10. What is the best way for me to help you in order that we reach a successful outcome in my case? And, most importantly, in your expert opinion do you believe that I have a case or is my situation just one of those unfortunate cases with no real chance of recovery? (This question should be asked with the knowledge that terrible things do happen and sometimes there is no legal recourse). Not all wrongs have a legal remedy. Your attorney might recommend that you not pursue your case. This is probably the most important question to ask and the most difficult answer to hear, but a quality attorney will provide you an action plan to handle your case that outlines your participation and the likely chance of victory.
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