Archive for the 'Bankruptcy Attorney' Category

Choosing and Working with a Mesothelioma Attorney

Mesothelioma is a rare but fatal form of cancer that almost always develops as a result of asbestos exposure. This disease typically affects the lining that encases the lungs, but can also occur in the chest or abdominal cavity. Most people with mesothelioma will die within one to five years of diagnosis, depending on how far advanced their disease is. Being diagnosed with mesothelioma is a distressing time for the sufferer and their family, and it can be difficult to cope with the strain and expense of dealing with the disease.
The stress of coping with the expense of treatment and lifestyle changes associated with mesothelioma can be alleviated considerably by employing an attorney who can help you fight for compensation from the company that was responsible for your asbestos exposure. A mesothelioma attorney who is experienced at dealing with these types of cases can work with you to secure not only compensation, but also justice for the pain and suffering you experience.
Choosing your Attorney
Choosing a mesothelioma attorney may seem like a daunting task-there are many attorneys who are specialized in dealing with such cases. Ideally you’ll want to choose an attorney who has plenty of experience, with a proven track record of winning or settling lawsuits successfully. Of course, no attorney will be able to tell you any personal details about the clients they have worked with, but a good attorney should still be able to provide you with general details such as how many cases they have dealt with, how quickly these cases were resolved, and the amount of compensation their clients received.
There are several other questions you should ask when selecting an attorney. One of the most important is how the fees for your case will be handled. Most people with mesothelioma will find that money is tight, and because of this, many attorneys work on a contingency basis. This means your attorney is paid only when you receive compensation-if you do not receive any money, the attorney does not charge a fee.
It’s also a good idea to ask a prospective attorney what your role will be in the case, and how the case will be handled. Try to get an overview of what the process will be like, both before and during the court case. You may also want to ask the attorney what percentage of their mesothelioma cases were settled out of court. Many cases of this type are settled before the court date, and this not only means the process is completed more quickly, but it also puts much less strain on you.
Selecting your attorney as quickly as possible once you have been diagnosed with mesothelioma is important. All states have a statute of limitations on this type of case, which means that if you do not file a lawsuit within a certain period of time, you lose your right to make a claim. In most states, this period is one to three years after diagnosis-your attorney will know all the details, but your job is finding that attorney quickly to prevent any unnecessary delays in getting your case resolved. However, do not feel pressured to select the first attorney you talk with-in most cases there will be time to talk to several different people and choose the one that you feel most comfortable with.
Working with your Attorney
Once you have chosen an attorney, the next step is working with them to put together the facts of your case. This can be a somewhat difficult task, simply because there can be a gap of up to 40 years between asbestos exposure and mesothelioma diagnosis. That means it may be hard to remember exactly when, where and how you were exposed to asbestos. Your attorney will be able to help you with this-most attorneys will have considerable research tools at their disposal, and you won’t need to do any of this work alone.
Most mesothelioma attorneys will make every effort to build a case with as little inconvenience to you as possible. In most cases, you’ll be required to sign documents that give your attorney the legal right to gather medical and other relevant information. You may need to give depositions to your attorney and perhaps to the defendant’s attorney as well. An experienced mesothelioma attorney will understand that you may not be up to repeated visits to their office and will do their best to make sure the process does not put too much strain on you.

Selecting a Divorce Attorney

Selecting a divorce attorney is a vital decision making process. The person who you take on will be liable for obtaining or maintaining your custody rights to your children, your property interests, and depending upon the side you are one, either minimizing or maximizing your support rights. In reality, choosing a divorce attorney is also an very stressful experience. You have to be right in choosing your attorney otherwise you will have to suffer a lot.
There are few tactics which you should remember before selecting an attorney. Before you even begin, you need to identify the type of case that you will be involved in. Will you be mediating your divorce? Will you be negotiating? Or, will your case be one of those cases that go to court and become a knock down, drag out divorce litigation? There are divorce attorneys who specialize in these different types of cases and you need to appoint the type of divorce attorney who is best suited to the type of case that you have. If you need to deal with a knock down, drag out litigation, you do not want a mediation attorney trying to defend your interests. Likewise, if you are going through mediation, the last thing you want is a divorce attorney who will try to build issues and move you in the direction of litigation.
The very first step in selecting your attorney is to identify your case. Next, start asking people for help. Since the divorce rate in the United States is at about 50%, chances are you know at least several people who have been through a divorce. Ask about their process, how they selected a divorce attorney, and how their attorney performed for them.
After getting the list of attorneys from other persons you should start looking for their profile from the internet by visiting their websites. Many divorce attorneys have websites, write articles, and advertise on divorce portal websites. By visiting their websites you come to know how they deal in different cases and some of them had posted case study to know what’s are the different tactics used by them to deal different type of cases.
After you have reviewed the divorce attorney websites, make a list of at least two and as many as five divorce attorneys who you think you will be comfortable speaking with. Take appointment by calling in their offices in working hours. Some of those attorneys will charge you for a consultation; the more experience the attorney has, the more likely that you will have to pay for time with that attorney.
When you attend a discussion with a divorce attorney, be prepared. prepare a small history of your case which going to help you out while discussing your case with him/her. If you or your spouse has filed any papers in court, make sure you bring them with you. Bring one or two years tax returns or a recent financial statement so that the divorce attorney can review some of your financial data before being asked questions about “results”.
Make sure you ask each divorce attorney questions about how that attorney’s office operates in response to client phone calls, emails, or other inquiries or needs. If you will be working with a divorce attorney who has no other attorney in their office, be prepared to wait in line when you have a need for a response. That attorney will have other clients who have needs just as significant as yours, and an attorney can be responsive to only one client at a time. Even with that disadvantage, there may be a divorce attorney who you feel is just right for you who is also a solo practitioner. That is a trade off that you may have to get comfortable with.
After you have finished all of the consultations and reviewed the answers to all of your questions, decide which divorce attorney you felt most comfortable with and which one you believe will work with you to get the type of results that you want.

How to Find a Great Work Injury Attorney in Your State

If you’ve suffered an injury at work, it’s extremely important to find a good work injury attorney, regardless of who you think was at fault for the accident. A good work injury attorney will help you sort out who is responsible for any damages you’ve suffered and will let you know whether pursuing a case is a good idea. The attorney should be open and friendly. The work injury attorney should fully understand your injury and grievances, and he or she should take the time to explain to you the recommended course of action. In addition, a good work injury attorney will make it clear what kind of settlements or payments you can expect from your work injury.

 

Typically, an attorney who deals with many cases in the worker’s compensation realm will be the type of work injury attorney best equipped to help you with your claim. Before visiting, ask the work injury attorney about his or her experience in the field. Is it extensive? If it is, and if they have settled many successful cases, then you know you’ve got a work injury attorney who knows the all the nuances and traits of worker’s compensation system. Has the work injury attorney ever handled a case similar to yours? And if so, what was the outcome? If it was a successful case, then you can be confident that you’re working with a competent work injury attorney. A good work injury attorney will ask many questions so as to fully understand the situation. Beware the work injury attorney who appears disinterested or doesn’t seem to request a lot of information.

 

Worker’s compensation cases can become very complex. So it’s usually a good idea to seek out a work injury attorney as soon as possible. Getting a good work injury attorney at the beginning of your case will let the attorney give important input regarding your medical treatments. Also, the work injury attorney will be able to gather valuable evidence for your case. When you spend time dealing with insurance companies before consulting a personal work injury attorney, you may find that your claim is challenged. That means the insurance company may already be gathering evidence and building a case against you. And while it’s never too late to contact a work injury attorney, waiting until an insurance company challenges you means you and your work injury attorney have to make up some lost ground, so it’s always a good idea to contact a work injury attorney as soon as possible.

 

It’s also a good idea to keep copies of everything involving your injury for your work injury attorney. That means all hospital bills and the details of your payment benefits. Contact your personal injury attorney immediately with any new information or if something regarding your injury changes. And always follow your doctor’s advice. Engaging in activities not recommended by your doctor could damage your case.

 

The best first step to finding a good work injury lawyer is to simply open up the yellow pages or search the Internet for a work injury attorney in your area. But please, shop around. Contact several work injury attorneys so you can get a feel for their personalities and a sense of their professionalism. Feel free to call the work injury attorney’s office or send an email. A good work injury attorney will be open and willing to answer most basic questions over the phone. Also, a good work injury attorney won’t just have the proper credentials to handle your case, but he or she will make you feel comfortable at all steps of the worker’s compensation claim process.

 

An injury at work can be a life-changing event. But it doesn’t have to be a change for the worse. When you find a good work injury lawyer who has your best interests at heart, you will get the compensation you deserve and the peace of mind you require.

Attorney Loan Modification

As you may expect, home mortgage loan mitigation is not a one size fits all endeavor. The universe of possible solutions is vast. Always use an attorney for ALL loan modifications that will thoroughly review your circumstances and desires before recommending a course of action. Your financial circumstances, existing loan documentation and legal rights should always be reviewed and considered. An attorney will work with you to achieve a solution which fits for you and your family. While other organizations may simply submit a loan modification request, which may be ignored by the lender, an attorney will actively and aggressively negotiate the most advantageous solution for their clients.

In many cases, an attorney will contact your lender and get them to delay the foreclosure process without filing bankruptcy. Such a scenario allows an attorney the opportunity to negotiate a “win win” resolution for both sides. Foreclosure is generally a very costly option for lenders. In certain instances, a modification of the existing loan is a good solution. Depending on circumstances, a deed in lieu, also known as “cash for keys” or “walk away” may be the right solution to keep a foreclosure off your credit report. There are many possible solutions to resolve a situation where a homeowner is either behind on payments or likely to fall behind in the near future. Such possible solutions include a modification or restructuring of the terms of your current loan to lower your mortgage payments, a recapitalization and principal balance reduction, a rescission of your current loan (up to three years) or a lawsuit against the mortgage company for predatory lending violations if determined to be appropriate after a proper loan document audit. There are many other possible resolutions as well. An attorney will assist you to determine which possible option is best for you.

Currently, Aurora, Citibank, Chase, Countrywide, GMAC, Litton, Wachovia and WAMU are among the major lenders routinely offering loan modifications. Although many lenders are willing to consider loan modifications, many lenders are unable to keep pace with the current demand for loan modifications. Even in cases where the borrower is currently in default, a lender offered forbearance agreement may not be the best resolution for the borrower. An attorney may be able to stop foreclosure by negotiating a loan modification; even in cases where a previous forbearance agreement has failed. Because we process many loan modification requests, our current relationships with lenders and loan servicing companies may allow us to bypass overwhelmed loss mitigation personal and negotiate directly with asset and portfolio managers as well as the lender’s legal department.

In order to secure a loan modification, an attorney will make use of the tools provided by federal law. Such federal tools include both the Truth in Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA). Both state and federal laws require mortgage companies to adhere to certain guidelines when originating home loans. Some existing mortgage loans have TILA and/or RESPA violations. When such a violation is determined to have occurred, an attorney will utilize such violation as leverage to negotiate a favorable resolution for our clients. Generally, lenders will seek to avoid costly litigation and are more agreeable to reaching voluntary solutions when such violations are identified and brought to their attention by qualified law firms.

During times of real estate booms, some brokers and lenders engage in unfair or illegal practices to close loans. An example of these practices may include charging unexplainable or unreasonable fees and charges. Other examples include not fully explaining interest rate adjustments, pre-payment penalties or the implications of option ARM loans with minimum payment options. Additionally, some brokers and lenders illegally inflated or otherwise manipulated financial statements to qualify buyers who would otherwise not have qualified for their loans. Simply refinancing out of these inappropriate home mortgage loans is now generally not an option because of declining property value or debt to income ratios.

An attorney can help to identify if you have been the victim of such an issue. In such a case, we can attempt to resolve these issues fast and efficiently so the borrower doesn’t fall victim to foreclosure proceedings. Helping stop foreclosure and restoring financial stability for our clients is our main goal.

There are additional reasons to conduct a detailed review of the client’s mortgage home loan documents. If a lender fails to properly provide adequate notice of the borrower’s right to cancel, the right of rescission may be available to the borrower for up to three years. When such right is extended for three years, the borrower may be able to rescind the loan during such period. In such a circumstance, the loan is treated as if it never existed. Essentially, the borrower becomes entitled to all profits made by the lender as a result of the loan. As such, the lender or other creditor would be required to refund all interest paid, all closing fees, all broker fees, and even pay the borrower’s attorney fees. This circumstance can create a legitimate windfall to the borrower. The extended right of rescission is a powerful tool to assist borrowers who have been victims of predatory lending. An attorney can assist in determining if such a right exists and will assist its clients in exercising such right in appropriate circumstances.

Mortgage and loan servicing companies generally do not want your home and most will work diligently with a law firm to avoid foreclosure. Litigating mortgage fraud and predatory lending cases can become costly for both sides and should be avoided unless the lender will not comply or there are significant damages to the borrower. Our clients retain us to make a best effort at resolving their hardship and to fight for their rights. In most cases, the client’s goal can be realized without costly litigation by using existing relationships to find an amicable resolution to stop foreclosures.

A loan modification proposal offered by a law firm may result in a more favorable loan modification agreement than your lender will offer you directly. Many modifications offered by mortgage lenders and loan servicing companies are forbearance agreements and are not a true modification to the terms of your mortgage. These types of agreements generally do not benefit the borrower in the long term and home owners facing foreclosure should consult with a law firm and fully understand the terms and ramifications before signing any of these documents.

In cases where neither refinancing nor a loan modification is a possibility, a short sale or a deed in lieu may be among the best options to both avoid foreclosure and a deficiency judgment. An attorney can help borrowers navigate through the possible options to determine which resolution is best for your particular circumstances. A real estate short sale occurs when the lender agrees to discount the loan balance and accept the sale proceeds in full satisfaction of the outstanding debt. In such cases, the lender has the right to approve or disapprove of the proposed sale. Lenders are generally inclined to agree to a short sale if they determine such action will mitigate losses as compared to foreclosure. The advantages of a short sale to the borrower include avoiding a foreclosure reported on credit history and mitigating or eliminating a possible deficiency. A short sale is generally faster and less expensive than a foreclosure. In summary, a short sale is a negotiation with a lender resulting in a payoff less than what is currently owed.

Not all lenders are equally amenable to short sales. Many lenders have pre-determined criteria for such transactions. Distressed lenders may accept any reasonable offer. However, junior lien holders such as second mortgages, HELOC lenders, and HOA (special assessment liens), may also need to approve of any short sale. Objectors to short sales sometimes include tax lien holders (income, estate or corporate franchise tax – as opposed to real property taxes, which have priority even unrecorded) and mechanic’s lien holders. It may be possible for junior lien holders to prevent a short sale. Additionally, lien holders who are not mortgagees are generally unlikely to forgive the debts owed to them.

While a short sale appears on a borrower’s credit report differently than a foreclosure, a short sale may nonetheless have severe consequences for the borrower in the future. A short sale may appear on a borrower’s credit report as “foreclosure proceedings started.” While not a foreclosure, a short sale may prevent the borrower from obtaining a new mortgage for seven or more years. Short sales are complex matters which should be handled carefully by experienced professionals.

The loss mitigation industry is a recent advent and has become large as a result of the current economic and real estate crisis. The loan modification industry is currently inundated with marginally qualified or unethical individuals, who are essentially salespeople, who have accepted fees in exchange for half hearted efforts or no efforts at all to provide loss mitigation services, loan modification or stop foreclosure services. As such, several states are currently considering legislation which requires attorney involvement for loan modification requests.

Some companies offering loan modification services claim to be “attorney backed” or “attorney based” in their marketing. In such a case, borrowers should be aware they are not contracting with or engaging the services of a law firm. Some companies simply hire an attorney for consultation to claim an association with an attorney. In such a case, the attorney does not represent the borrower and the company is not bound by the same ethical duties required by licensed attorneys. Additionally, no attorney client privilege exists with such a company and statements made to them are discoverable. To be sure, the borrower is encouraged to request to speak personally with the attorney.

“Attorney based” loan modification companies are not law firms. As such, when you discuss the details of your mortgage with these companies, there is no attorney client privilege. Any conversation you have with a non-law firm loan modification company is discoverable by a state agency and not protected by attorney client privilege and therefore not confidential. Prosecuting agencies have become much more aggressive recently in bringing prosecutions for mortgage fraud based on overly optimistic or inflated representations regarding income or monetary reserves at the time of qualifying for the loan. Therefore, if you are concerned that statements you made on your mortgage loan application could be construed as false and you are at risk for foreclosure, please contact an attorney immediately. Do not discuss this issue with anyone other than a licensed attorney.

For more info-http://www.attorneyforloanmods.com

How to Find an Attorney in My County via the Internet

Simply typing in the phrase “find an attorney in my county” in your favorite search engine won’t give you your desired results for the most part. “Find an attorney in my county” is a very broad term because there are millions of counties world wide. The search engine won’t know where it is exactly that you need a lawyer. You would be better off typing in a phrase such as “orange county attorney”, or “sacramento county attorney”, or whatever county you need a lawyer in. And always include the quotation marks in your search phrase. That will give you results for the exact phrase that you are searching and nothing else. If you don’t include the quotation marks, the search engine will give you results for each word in the phrase, which is usually in the thousands or even millions of results and may not be what you really need.

Let’s get back to “how to find an attorney in my county” subject. You will get much better results when you search for the exact attorney of your need. For an example, if you need a divorce attorney and you live in macomb county, you simply search for “macomb county divorce attorney”. Also, don’t forget to check for the other expression “macomb county divorce lawyer”. Attorney and lawyer is a same thing, but when the search engines are concerned, attorney and lawyer are two different words. You don’t know if the webmaster of the lawyer’s website has optimized the site for both words. For that reason you need to search for both. This search will produce only a few results that contain this specific phrase. This way you may get a website of an actual divorce attorney in macomb county or you may get garbage results, or even no results at all. It depends on what the search engines have in their database for that search phrase. Whether they have websites from actual attorneys, or from advertisers targeting that search phrase, or from some scammers who are also targeting that search phrase by tricking the search engines.

To narrow down your search even further, if you type in “orange county attorney”, you may get results from orange county in Florida and orange county in California, or elsewhere in the world. So, it would be better to try “orange county ca attorney” or “orange county fl attorney”. Or better yet “orange county ca divorce attorney”. These are very narrow search methods that will produce very few results and straight to the point. But, since you cannot depend on the optimization of the websites, whether they have been done correctly or mischievously (that’s how search engines know which website is for what), you would get a lot more relevant results by splitting your search phrase. By all means, try your search first with the above search phrases because you would have only a few results to evaluate. The next search method will give you hundreds or even thousands of results that would still be relevant, but you need to spend some time weeding out the bad ones or the ones that you don’t need.

What splitting the search phrase means is to include the lesser populated search in quotation marks and the more populated phrase without quotation marks. For an example, if you live in ramsey county and you need a DUI attorney, you can search for: “dui attorney” ramsey county. Also don’t forget: “dui lawyer” ramsey county. So, you only put the type of attorney that you need in quotation marks and the county without quotations. The reason you get thousands of results with this type of search is that every dui attorney website will contain the term dui lawyer or whatever lawyer you are searching for. But it may not contain the county term because either the webmaster forgot about it or didn’t know that he or she needs to include it. So, when you do this type of split phrase search, you will first get all of the results that contain the term dui lawyer (of whatever type of lawyer you’re seeking) from the websites that also contain the term that describes your county, and then the rest of the other websites within that county. You get more choices to choose from.

If the above methods don’t produce the attorney of your need (based on the optimization of the websites and the available sites in the search engine database), instead of wasting hours of endless search with no results, there are still easy ways to “find an attorney in my county” online.

Besides the above methods of typing in the county and the type of attorney in quotations, you can also use some free services to actually find the attorney for you. By the way, have you forgotten your yellow pages or whatever phone book you have in your county? That’s your best bet. But that’s the offline world. However, these types of services are also available online.

Any type of website that deals with locating businesses, such as anywho.com, truelocal.com, yellowpages.com, can find you an attorney in not only your county, but in your city. Just key in the type of attorney that you need under business category (i.e. immigration attorney) and choose your city and state. Also, you can try the lawyer directories such as martindale.com, findlaw.com, lawyers.com, that contain attorneys and law firms from the whole world. Lawyer referral services such as legalmatch.com, globallawyerreferral.com, your local and state bar association, can also find you a lawyer in your county.

Regardless of how you find your lawyer, remember that same principals apply while choosing your attorney. You need to make a list of qualifications you want in your lawyer and interview your prospect lawyers before you decide on who will represent you.

Disclaimer: The author and publisher of this article have done their best to give you useful, informative and accurate information. This article does not represent nor replace the legal advice you need to get from a lawyer, or other professional if the content of the article involves an issue you are facing. Laws vary from state-to-state and change from time-to-time. Always consult with a qualified professional before making any decisions about the issues described in this article. Thank you.

Attorney Client Agreements ? Understanding your Attorney-client Retainer Agreement

You’re in the attorney’s office and you are about to sign a retainer agreement and enter into an agreement with the attorney, but do you really have a clear understanding of your agreement? Before you enter into any sort of an agreement with the attorney, you would be wise to consider the following points.

(1) Read the attorney-client agreement

(2) Purpose of the agreement

(3) Financial terms of the agreement

Read the attorney-client agreement

As trivial as it may sound, it is imperative that you read the entire contract or attorney-client agreement before you sign it. Often times one may feel rushed or feel that the attorney-client agreement is just a standard form that all attorneys use. Although it may be true that the attorney-client agreement may be a common contract, the language in the contract may vary vastly from firm to firm. Therefore, it is important that you read the agreement to know exactly what you are agreeing to. Additionally, an attorney should give you as much time as you need to review the contract and answer any questions you may have. Further, you would be wise to get a copy of any agreement you sign before leaving the attorney’s office.

Purpose of the agreement

The attorney-client retainer agreement sets forth the ground rules for the attorney and client relationship. It is also supposed to build good will between the client and attorney. However, this is not always the case. For example, when the attorney-client agreement is not fully explained to you or if it is written unfairly to benefit the attorney, it can create complications and negatively impact the attorney client relationship. Be sure you understand the ground rules of the agreement before you agree to it.

Financial terms and conditions

Be sure you fully understand the financial terms and conditions of the agreement before you sign it. The type of fee agreement may be contingent, hourly, flat, or a mix or combination of each. Other costs such as filing fees, photocopies, mailing and couriers, mileage and travel, parking, and telephone calls should be clarified. If the attorney charges per hour, you will want to review the minimum billing unit or minimum time increments you will be bill for a task. For example, some agreements may state you will be charged in bill units of .10 of an hour (or 6 minutes) or perhaps .25 of an hour (or 15 minutes). To further illustrate, if an attorney charges $200 an hour and bills in minimum increments of .25 an hour, a task that took an attorney one minute would cost you $50! In general, a bill unit of .10 of an hour (or 6 minutes) is common. The fee agreement should be fair, reasonable, and fully explained to you. If you have questions about the fee agreement, be sure to ask and get clarification before you sign it.

Attorney-client agreements lay out some important ground rules and financial terms and conditions for the attorney and client relationship and before you enter into any sort of an agreement with the attorney, you will want to make sure you understand the agreement and its terms and conditions before you sign it.

© 2007 Child Custody CoachChild Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. “How to Win Child Custody – Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!” is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.

The Truth About the Setting of Attorney Fees

As a practical matter, the fees lawyers charge tend to vary greatly. It is hoped that the following will help the potential client make at least some sense of attorney fees and how they are set.

NEVER HIRE AN ATTORNEY WITHOUT A WRITTEN FEE CONTRACT You might be surprised how many criminal defense lawyers do not provide written fee contracts. This is extremely dangerous and leads to potential problems. Often times an attorney who chooses not provide a fee agreement will tell the potential client that he will “start” the case at a very low price. Nevertheless, at every stage of the case, the attorney requires more money and threatens to withdraw from the case if he is not paid the additional sums. The result is that you can wind up paying much more than had you hired the attorney who seemed more expensive to begin with. A fee contract avoids these nasty surprises. Besides, why would any attorney not provide a written fee agreement that makes the obligations of both the attorney and the client clear?

AVOID HIRING AN ATTORNEY THAT WILL ALSO POST YOUR BOND While Texas does not prohibit an attorney from posting a client’s bond, many states do because of the conflict of interest that exists. The role of a bondsman is to make sure you appear in court and a bondsman has every incentive to inform the court if you are not complying with the conditions of your release. On the other hand, your attorney is supposed to be your advocate and protect you from having your bond revoked in the event you do not fully comply with your release conditions. We have also seen cases where, when a client gets behind on his legal fees, the attorney posting a client’s bond threatens, and sometimes does, have the client’s bond revoked as additional pressure to pay the outstanding legal fees. It should be easy to see why hiring an attorney to post your bond is rife with conflicts and should be avoided. You should hire an independent bondsman and an independent attorney.

BEWARE OF LAWYERS WITH A VOLUME PRACTICE There are many lawyers out there that have a “volume” practice who offer to do cases at cut rate prices (often these cut rate prices are to “start” the case and the attorney does not provide a fee contract). Many times, the income of these lawyers is actually substantially higher than other more qualified lawyers. Here is why. Let’s assume you think about hiring Attorney Smith. You found Attorney Smith in the yellow pages where he has a full page advertisement promoting low fees or Lawyer Smith has sent you, and thousand of other who had been arrested on a particular night a letter promoting his low fees. A yellow pages ad might cost Lawyer Smith $50,000 and he might spend thousands of dollars per month on mail outs. Because Attorney Smith gets so many calls from his ads and mail outs, he has to hire additional support staff to answer the phones and “screen clients” so that is more money toward overhead. Nevertheless, Attorney Smith is able to charge low fees because he has so many clients who respond to his ads and/or mail outs that he can make up for it and pay his overhead by running a volume practice. Often you will meet Attorney Smith for the first time in the courthouse when he shouts your name in the hallway. You will rarely, if ever, be able to get Attorney Smith on the phone to answer questions. If you resist pleading guilty and request a trial, many problems will arise. After all, how can Attorney Smith spend time preparing for trial and then sitting in a trial for several days? Simply put, he can’t because the house of cards he has created with the volume practice will collapse if he cannot meet the dozens of other clients who have cases set on the same day. Nevertheless, don’t feel sorry for Attorney Smith because he will often make much more money than the average attorney even after accounting for his high overhead. As a rough example, let’s say Attorney Smith charges $2,000 per case but handles 500 cases per year. That amounts to a gross income of $1,000,000. Now, lets say another attorney who actually returns your phone calls and has time to prepare your case and represent you at trial if that is in your best interest charges $5,000 per case but handles 50 cases per year. That only amounts to a gross income of $250,000. In sum, if you have a simple case in which you know there are no legal issues to raise and you absolutely know that you do not want a trial and you are not going to want to ask your attorney many questions, it could make financial sense to hire Attorney Smith. On the other hand, if there is any chance that you want to fight your case or you think you will have questions for your lawyer, spend the extra money now or you will have to spend even more later trying to undue what Attorney Smith did, or failed to do, for you.

BEWARE OF LAWYERS SIZING YOU UP Unfortunately, we have heard of many lawyers who attempt to determine how much money potential clients have and then charges them “as much money as they can afford.” We often see this with some California attorneys who advertise “national practices” on the internet. While it is admirable for an attorney to reduce her rate for a client with a low income, it is disgraceful for a lawyer to charge a wealthy client more than she would ordinarily charge because the client can “afford it.” Beware of lawyers who seem to be asking questions that are designed to determine your income or assets that have no relation to the charges against you.

LEGAL FEES IN STATE COURT WILL DEPEND ON THE TYPE OF CASE This is probably obvious. In state court, fees will almost always depend on the seriousness and complexity of the case.

LEGAL FEES IN FEDERAL COURT WILL BE SIGNIFICANTLY HIGHER As discussed on our website Broden & Mickelsen FAQs, there is a huge difference between state court and federal court. Almost all criminal defense lawyers are qualified to practice in state court. Nevertheless, very few criminal defense lawyers practice regularly in federal court. It is extremely dangerous to hire an attorney to represent you in a federal criminal case that does not appear regularly in federal court. Nevertheless, this means that there are very few lawyers to choose from if you are charged with a criminal offense in federal court. For example, in Dallas, there are probably less than 30 lawyers who appear regularly in federal court. Consequently, because of the limited supply, legal fees for criminal cases in federal court are often significantly higher than state court.

LEGAL FEES WILL VARY BASED ON THE LAWYER’S QUALIFICATIONS Again, this should seem obvious, although it is sometimes surprising what lawyers with minimal qualifications will attempt to charge a client. Some qualifications to look for is whether a lawyer is Board Certified by the Texas Board of Legal Specialization in criminal defense attorney. Texas Board of Legal Specialization Another is whether that lawyer is AV rated (the highest rating) by Martindale-Hubbell, an independent entity that rates lawyers. Martindale-Hubbell Another is whether the lawyer has been voted a “super lawyer” by other criminal defense attorneys and how many years he or she has been voted a “super lawyer.” Super Lawyers

FLAT FEE OR HOURLY FEE Generally criminal defense lawyers in Texas charge a “flat fee” for their representation (although they often charge a “split” fee as described below). An attorney should give you the option of paying an hourly fee, nevertheless, an hourly fee is generally more suitable for corporations that have very deep pockets. Individuals generally prefer the “flat fee” so they know in advance how much the legal representation will cost a the end of the day.

SPLIT FEE FOR PLEAS AND TRIALS Mostly all criminal defense lawyers in Texas will split the flat fee between plea and trial. For example. they might say that the fee for a plea is $5,000 but if the case has to be “set for trial there will be an additional fee of $5,000. At Broden & Mickelsen, experience has taught us to shy away from this type of fee arrangement. Although we will occasionally propose this arrangement where it seems very unlikely the case will proceed to trial, we believe such an arrangement interferes with effective representation because clients often times make decisions about how to defend their case based on financial concerns rather than legal concerns. Moreover, we have found that, in a large majority of cases, a plea offer will get appreciably better only after the case is “set” for trial. Therefore, even in cases that will not ultimately go to trial, it is often in the client’s best interest to at least “set” the case for trial. We would rather charge a fee in the middle (e.g. $7,500) and this way our advice to the client is not colored by the prospect of earning additional monies based on the advice we give and the client can make the decision as to whether or not to go to trial freed from the prospect of having to pay additional monies if he decides a trial is in his best interests.

CONTINGENT BONUSES We have encountered attorneys who attempt to charge a “performance bonus” if they can convince authorities not to indict the client, or if they win at trial, or if they get a case dismissed prior to trial. The Texas Lawyer Disciplinary Rules clearly prohibit such “bonuses” because they are “contingent” on a certain outcome. Texas Disciplinary Rules on Fees You would do well to avoid any attorney who does not follow the ethical rules of his or her profession.

EXPENSES In many cases, it will be necessary to hire a private investigator to investigate the case. In some case, it will be necessary to hire experts to assist the attorney or to testify at trial. It varies among attorneys as to whether these expenses are included in the legal fees charged. Again, however, it is important to have a written fee agreement so that it is clear who is responsible for these additional expenses.

OTHER ISSUES Many criminal defense firms, including Broden & Mickelsen, accept credit cards. Many criminal defense firms will not require the entire fee to be paid up front. For example, Broden & Mickelsen will generally require payment of half the fee up front and will make payment arrangement for the other half.

Choosing a St. Louis Plaintiff’s Personal Injury Attorney

Over the years, I have represented countless numbers of Plaintiffs in Personal Injury cases in the St. Louis area. My experience with my clients and my handling of these cases has led me to a number of conclusions regarding the factors which are important in choosing a St. Louis Plaintiff’s Personal Injury attorney. For years I have had clients sitting in my office who have told me that they have been represented by other attorneys in the past. My question has always been “Why didn’t you go back to that attorney?” It has been my hope to learn from the mistakes of other lawyers and to get the perspective of clients who are dissatisfied with services that they have had in the past. In addition, I have tried to listen to clients who were very pleased with the services of my firm in order to determine what an attorney needs to do right. I have also had clients bring me files after firing attorneys and I have seen first-hand what can go wrong when poor service is provided.

First, I have found that the most common reason that clients fire attorneys, or don’t go back to them for future services, is that many of them don’t return phone calls. When I say “don’t return phone calls”, I literally mean that they don’t respond in any way when a client calls, writes a letter, or sends an email. Even if the attorney is in trial, or there are scheduling challenges, a client at least deserves to know that the attorney received the message and will be responding sometime soon. A failure to return phone calls can often indicate a lack of respect and, from the client’s perspective, it undermines confidence in the attorney’s ability accomplish a result for the client.

Secondly, some attorneys will handle any kind of case, regardless of their experience. I recently had a client who fired an attorney who was practicing in the Kansas City area. The client was in an accident in St. Louis City and this is generally a more favorable venue from the standpoint of being a Plaintiff. However, the attorney was unaware that St. Louis City and St. Louis County were separate entities. When he filed a lawsuit on behalf of the client, he described St. Louis City as being a municipality within the boundaries of St. Louis County. Not only did he file the case in the wrong venue and picked a venue which was unfavorable to his client, but he clearly did not have the familiarity of the local court systems. It is important to choose an attorney who is familiar with the court system and the jury verdicts in the various counties throughout the St. Louis Metropolitan area. Mistakes in understanding the various court systems and procedures for courts in the St. Louis Metropolitan area can result in a poor outcome in a Plaintiff’s Personal Injury case.

Third, it is important for the attorney to have experience in the type of matter which is being handled. For example, an attorney handling St. Louis Car Accident cases should spend a lot of his time practicing in this area. While practicing in other areas can complement the attorney’s services, a real estate attorney, for example, may not understand how an investigation should be conducted. This can result in a less than favorable result if witnesses are not contacted and later disappear, or opportunities to take pictures are squandered. In a car accident case, pictures of damaged vehicles could help resolve a dispute as to how a collision took place. In a case involving a fall, pictures of the bad steps, pothole, or heavily waxed floor could lay the groundwork for a successful result. If an inexperienced attorney doesn’t follow up on such items in a timely manner, then stairs may be repaired, potholes can be filled in, and floors may be replaced.

Fourth, some attorneys look for a quick settlement and will either abandon your case, or abandon interest in it, if it doesn’t come together quickly. In all fairness, there are cases that come in the door and look good at first glance, but sometimes, as the evidence is gathered, it becomes apparent that the case is not going to be successful. On the other hand, there are cases in which adjusters simply refuse to be reasonable and attorneys will often have reputations for abandoning cases easily. Such attorneys will often try to settle for a lowball offer in order to avoid the work which comes with taking the case to trial. It is important to get a sense as to whether the attorney will be willing to do battle on your behalf if the going gets tough.

My fifth point is a very basic one. It is important to choose an attorney who speaks with honesty and candor. You do not want to be misled and it is usually a matter of time before you get a sense that your attorney is being less than fully honest. Beyond honesty, your attorney should also speak to you with frankness and candor. As a client, you sometimes need to know the bad news as well as the good news. An experienced St. Louis Personal Injury attorney will tell you if there are circumstances in which cases like yours are hampered by certain factors. If there is light damage to the car, or a problem with your treating doctor’s credentials, then you need someone to pull you aside and tell you about things which may affect your case negatively. In front of certain juries, for example, they may be conservative and it would help to know if they are going to look negatively at long hair, tattoos, or other items. While it is uncomfortable for an attorney to talk about certain subjects, you are looking for frankness and candor. An attorney who politely points out certain prejudices of potential jurors is doing a great service to his client.

Finally, a lot of clients tell me that they didn’t re-hire their former attorney because they couldn’t relate to him. Some attorneys are pretentious and condescending. I have found that attorneys who are down to earth and secure in themselves can develop an excellent reputation with their clients. If you are in the process of looking for an attorney, I would suggest that you consider all of these factors in choosing the best person for you.

The contents of this article are intended for educational use only in order to provide readers general information and a basic understanding of the law. If you are seeking legal advice, please consult a licensed professional attorney in your state. The information in this article should not be substituted for experienced legal advice.

Marketing For Law Firms Via Attorney-Client Matching Services – Part I

What are these new attorney-client matching services? Who are the players? What do they cost? What is the risk to me? What is the return for me? What is the buzz on them? Are they ethical as marketing for law firms? Will they save me money and are they for me? Will they get me clients I would not have otherwise?
In part one of this article we will look in depth at a relatively new wrinkle in marketing for law firms known as “attorney-client matching services”. Part one focuses on the facts about these firms. Part two gives you my conclusions and recommendations as a result of my research. First a little background is in order. The legal services market segment is expected to reach $82.5 billion in 2008 according to Euromonitor International a market intelligence firm. In recent history consumers have been finding attorneys through word-of mouth or through the yellow pages. Often the word-of mouth advice does not deliver people to the best possible solution for their particular needs and the yellow pages is certainly not a great place to select a lawyer I am sure you would agree. Additionally, according to the Pew Internet & American Life over four million consumers and small businesses currently search for legal services via the Internet every month with these numbers expected to rise to over seven million by 2007. I think you can see this is a huge market getting larger. It is imperative that attorneys understand this marketplace if for no other reason your potential clients and clients are moving to the Internet and yellow page advertising is a dying marketing for law firms vehicle. Understanding attorney-client matching services is one new way to tap into this Internet marketplace.
What I will not be talking about here is attorney-listing services. Please don’t get confused between attorney-listing services and attorney-client matching services. The two majors in the attorney-listing services arena are Lawyers dot com or FindLaw dot com that are used by many in marketing for law firms. With attorney marketing one might want to get a minimal listing on one or both of these two major sites. Both do drive a large amount of traffic to their sites for sure (in the millions of visitors per year). If you do get a listing then track your results carefully and see if being in the middle of a pack of listed attorneys actually does produce clients for you. Please don’t spend more on them than the basic listing that will run about $150 or so per month, at least until you can document results with the basic listing. Also, don’t buy your website through either of them, even if after testing you find good results, for many reasons that can be found under the Internet marketing tab on my website. One last note here, you probably don’t want to test most of the lesser attorney-listing competitors like LawInfo dot com, LawCore dot com or AttorneyFind dot com is my take, however if you do be sure to track your results. The rest of this article is about attorney-client matching services.
Attorney Marketing Via Five Attorney-Client Matching Players
In the attorney-client matching field there are five competitors for the attorney marketing dollar offering online attorney-client matching services. The first and originator is LegalMatch dot com and its newer competitor being CasePost dot com as well as a third competitor LegalFish dot com. The two big players that offer almost everything in attorney marketing, Lawyers dot com and FindLaw dot com; have also recently begun to offer a version of attorney-client matching services. Lets begin with LegalMatch that was established in 1999 and is based in San Francisco. LegalMatch uses a double blind matching system. By double blind they mean the consumer does not see identifying information about who the lawyers are and the lawyer does not see identifying information about who the consumers are although all the cards are put on the table for both to see before any contact is made between them. Through an allocation model LegalMatch makes the decision about which lawyers get the consumer’s information. Consumers can opt into “priority service” for a fee to talk with a LegalMatch staff attorney about their case and work with that attorney in selecting the attorney for their case. LegalMatch does have partnerships with the Utah State Bar Association, ATLA and NACDL. Membership fees for this marketing for law firms vehicle run from $2,500 to $25,000 per year (they will finance the membership fee if desired) depending on practice area and geographic location of the attorney. For example, a PI attorney in Los Angeles would likely be charged more than a family law attorney in Los Angeles, while the family lawyer in Peoria is likely to pay less than the family law attorney in Los Angeles. Their guarantee consists of extending your membership at no fee until your revenues have exceeded the fee you paid them. The details of the guarantee are available on their website.
Are There Legal Marketing Ethics Issues with Attorney-Client Matching?
A relevant digression here, since this model is not a lawyer referral program, a pre-paid legal service plan, a joint or cooperative advertising or a directory listing service it is not subject to ethics rules around much of marketing for law firms it has been asserted. Recently the Professional Ethics Committee of the Texas State Bar was looking into these practices and that committee received a seven-page letter (May 26, 2006) from the FTC that was agreed to by a unanimous vote of the FTC commission members that this attorney marketing practice is indeed ethical.
Already the states of North Carolina and South Carolina found the practice ethical. The Rhode Island Supreme Court specifically named in an ethics opinion that online matching services are ethical. Finally, the Utah State Bar (a mandatory bar) has retained LegalMatch as their lawyer referral service clearly indicating their thinking about LegalMatch’s ethical nature it seems to me. Naturally you do need to check with your state bar to be sure this is an ethical practice in your state. Now back to the options in the marketplace.
CasePost, based in Southern California, was established in 2002 is a second player in this area of marketing for law firms. They operate in a similar fashion as LegalMatch in matching clients with lawyers; however, the directory of attorneys is shown to the consumer immediately. The consumer can decide whether they want to remain anonymous or give their contact information to the attorneys. The consumer is limited to four attorney responses. Thus the consumer determines what attorneys will get their information. In May of 2006 CasePost has made a major expansion as a result of their partnership with HandelOnTheLaw dot com that is powered by a successful nationally syndicated radio show on over 120 stations with attorney Bill Handel. This show has been running since 1985. They also have a strategic relationship with LegalZoom dot com that began in 2006 that has increased their reach. Like LegalMatch the membership fees for this attorney marketing vehicle are from $2,500 to $25,000 per year (financing is available if desired) depending on practice area and location. Their guarantee to a member is based on a minimum amount of referrals over the year.
LegalFish is a third player in this arena. It entered the marketplace in 2003 and is based in Chicago. It is a bit different than the other two in a few ways. Like the other players the consumer can input their information and post their cases to the site as well give their identifying information or not. In a number of cases LegalFish will contact the posting consumer themselves by telephone or email to delve deeper into the needs of the consumer so they are not totally automated. There is an allocation model used by LegalFish in referring the cases to their members. Another difference is LegalFish charges a monthly fee for this marketing for law firms vehicle ranging from $180 to $750 to members that are non-contingency based practices. For contingency based practices the fee ranges from $1600 to $5000+ monthly only if the client retains the attorney. If LegalFish does not deliver a referral to a member that retains that attorney they don’t charge a fee to that attorney for the month (a form of a guarantee). Creating something of a “shared risk” system. Naturally, with this type of shared risk system, long-term success for both parties is based on LegalFish’s ability to generate new client opportunities and create demand for legal services, and their member attorneys’ ability to convert those referrals to paying clients. Both parties have to “pull their weight”. Finally, LegalFish reports they are particularly committed to serving the solo and small firm market with ten employees or less.
The next player in this marketing for law firms arena is Lawyers dot com (mentioned earlier in this article about their directory listing or attorney-listing service) with their new Attorney Match Service. If you go to their homepage what stands out on that homepage is their “Find A Lawyer Quick Search”. This is their free to the consumer attorney-listing service (this is why you might want to test a listing with them and track results). To get to the Attorney Match Service you have to know to click on “Contact Lawyers” navigation tab or notice it up there at the very top of the home page. Clicking on that takes you to a page where you input your zip code and the practice area you are seeking, however, it also tells you how many lawyers there are listed that “are interested in receiving your request”. You are required to fill in the identifying information with other case information. Once you do that you see the attorneys listed and pick the ones you want to send your request to and wait for their replies. The fee for the attorney member is $495 per year, however, you must have a biographical level listing on the site to be on the Attorney Match Service and that is $150 and up per month depending on the size of your firm. There is no guarantee for this service.
The final player in this marketing for law firms arena is Thompson’s Findlaw (mentioned earlier as an attorney-listing service) with their new attorney-matching website http://www.LegalConnection.com. The FindLaw system is similar to the Lawyers dot com system with three steps of #1 Select your legal need; #2 Tell us about your case; and #3 Choose the attorney that’s right for you. It is different from Lawyers dot com’s system since they have broken it out of their attorney-listing services completely with its own dedicated website. Their fees generally run from $500 to $1000 per month depending on your practice area and geographic location. They do not have a guarantee. They do report that they do set targets for each geographic area as well as practice combination and then will manage their marketing to get positive results for attorneys.
Well, now we have all the players in this particular niche of marketing for law firms with a lot of information. I think it would be imperative for me to mention one more item. Both Legal Match and CasePost have negative information on the Internet and it needs to be considered. If you go to Google and search just the term LegalMatch and then do the same with CasePost you will be able to find details about the negative information. One location that covers the negative information on LegalMatch with relevant links is at Wikipedia dot org (go to the site and look up LegalMatch) although that is disputed as not being sufficiently neutral in tone, which is one of Wikipedia’s requirements. If you want to see a string of negative information on CasePost go to: http://counsel.net/chatboards/marketing/topic111/6.23.04.11.34.29.html . I am not sure one needs to be overly concerned about this information since it is mostly in the past and you need to consider it.
See Part II of this article for my conclusions and recommendations as a result of my research. I can tell you now that this approach does have some merit but there are definite cautions as well so do read Part II.

The Right Choice: How to Choose the Right Attorney for your Accident Case

Confused by scores of yellowpage ads for attorneys? Turned off by lawyer TV ads? Don’t know how to find the right attorney for your accident case? Here are some guidelines, which if followed, should make your search easier and also relieve some anxiety.

*Choose an attorney who specializes in personal injury. There are many attorneys who represent personal injury clients in addition to other practice areas, such as divorce, criminal defense or real estate. Choose an attorney whose practice is devoted to personal injury law. The field of personal injury is too complicated for a “generalist” or “part-time” lawyer to master. If you needed surgery on your shoulder, would you rather see a “general” surgeon who performs surgery on many different areas of the body, or a surgeon who only does “shoulder surgery?” Most people would choose the specialist. Don’t take chances with your personal injury claim by hiring a “generalist.”

*Choose an attorney who demonstrates expertise in the field of personal injury law. There are too many different types of the law for any one attorney to claim specialty in multiple areas. No one can do everything well. Most people want to see a specialist. The same is true for lawyers. The field of personal injury law is complex with subtle nuances that could mean the difference between recovering a few hundred dollars versus several thousands of dollars. The attorney you choose should limit his or her practice exclusively to personal injury law. Does the attorney write about personal injury? Has the lawyer lectured or taught other lawyers about personal injury law? If yes, these are good signs that the lawyer is a personal injury specialist.

*Choose an attorney who understands the medicine involved in your case. This is a no-brainer, right? But you would be very surprised at how many attorneys who claim specialty in personal injury have little understanding of the medicine and treatment involved with the client’s injury. For example, take a case involving neck and back injuries. These types of injuries can be difficult to prove in court because spine medicine is extremely complex and the diagnostic imaging may show very little or nothing at all. Yet, this area of medicine has also undergone enormous strides and advances just in the last ten years. There are now new diagnoses in the area of spine medicine that literally did not exist a few years ago, not to mention new treatments and minimally invasive procedures that have been created due to advancements in technology. If you have a neck or back injury claim, you obviously want an attorney who understands spine medicine so proper treatment and diagnoses can easily be pursued or presented to the insurance company in negotiations, or made part of a persuasive presentation to a jury on your behalf. You would be surprised at how few personal injury attorneys really understand this area of medicine yet neck and back injury claims make up the bulk of accident cases that exist in Washington.

*Choose an attorney who actually goes to trial. I know, I know. If you’re like most people who have a claim for injuries, you’d rather not have to go to trial. So why pick an attorney who actually does regularly try injury cases? To understand why this is such an extremely important factor when choosing an attorney you have to understand the business of insurance and why claims are settled. Essentially, the insurance company is in the business of “risk.” That is, it accepts your money with the promise that it will pay you money if you encounter certain risks of harm or damage. The risks are usually low, which is why the insurance company can earn enormous profits. When it comes to paying a claim, the company only pays a “settlement” if there is a “risk” that the company may have to pay more if the person files a lawsuit and goes to trial. Attorneys who regularly win at trial increase the insurance company’s “risk” that it might have to pay much more money if the jury awards more than the last settlement offer. Insurance companies regularly keep lists of the personal injury attorneys who do go to trial. These are the attorneys who can command premium settlement offers compared to attorneys who do not go to trial. Simply put, the insurance company will pay more money to settle a case if there’s a greater chance that the attorney will try the case in court. That is why having an attorney who has a reputation of going to trial can actually increase your chances of avoiding trial.

*Choose an attorney who wins at trial. This goes without saying. An attorney who gets results at trial is the insurance company’s worst nightmare. The insurance company will pay much more money to settle a case if the injured person’s attorney has a winning record than if the attorney does not. Choose an attorney that wins.

*Beware of attorneys who actively solicit you. You should be cautious of attorneys who contact you in writing just after you or a loved one has been injured, maimed or killed in an accident. Most state bar associations have rules against attorney solicitation, or at least have very stringent limitations on this sort of activity. I have no respect for attorneys who feel the need to cross the line by actively soliciting clients right after the accident. If an attorney engages in this sort of unethical behavior it may give some indication how that attorney might perform in your case.

*Be cautious of attorneys who advertise on T.V. or take out big flashy ads in yellow pages or other publications. Did you know that many of the T.V. and yellow page ads for lawyers are paid for by attorneys who have never actually tried a personal injury case in court? In fact, some of these advertisements are created by law firms that have a “policy” of always settling their cases without ever filing a lawsuit! If you were an insurance adjustor who knew that a particular attorney or law firm always settled short of trial, would you ever increase your offer for fear that a jury might award more?

*Understand bar association referral lists. Many local bar associations operate a “referral list” where consumers can get the name of an attorney. Just understand that the lawyer has signed up and paid a fee to be included on the referral list. Some but not all of these referral lists don’t bother to check or verify the attorney’s experience with the type of case that is being referred.

*The likeable lawyer is not enough. There are many people who choose to hire an attorney based solely on whether the attorney is likeable. I know of some very personable and likeable lawyers who claim to do personal injury law, but whom I would never recommend based on their limited experience and expertise. Would you let a likeable surgeon operate on your body if you knew the doctor rarely made it to the operating room? It is important that you like your attorney, or at least respect him or her, but it should not provide the only basis for your hiring decision.

*Choose an attorney who you feel comfortable with. You should feel comfortable with the lawyer and his or her ability to communicate with you. Does the attorney seem credible and trustworthy? Does the attorney explain everything to your satisfaction, or does he explain why an answer to a particular question can’t be given at that time? You should feel comfortable with the lawyer. You should also understand how the two of you will be working together on your case.

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