Wednesday, September 24, 2008

Ten must-ask questions before hiring a personal injury attorney.

By Jon D. Alexander, Esq.


1. How long have you been practicing law in this state? An inexperienced attorney should not have full file responsibility for your case. Accomplished trial attorneys often employ younger attorneys to assist them, but they should be playing a supporting role rather than handling your case.

2. Do you have malpractice insurance? Attorneys, like other professionals, should maintain a policy of professional malpractice insurance. Accidents and mistakes do happen, and a wise attorney will recognize this probability (even if very unlikely) and protect himself and you with a sizeable malpractice policy.

3. Have you taken cases like mine to trial or settlement, and if so, how many? An accomplished attorney will have taken several cases like yours to trial and/or settlement. This answer is an indicator of the prospective attorney's experience and skill.

4. How much time do you devote to cases like mine, that is, what percentage of your law practice focuses on this area of law? The attorney you retain should devote at least 75% of their practice to area to your case's subject matter.

5. Will you utilize the assistance of younger attorneys or paralegals on my case? Younger attorneys and paralegals are often used to perform important tasks, but should play a limited role in your case. However, it is important that you ask to meet them and use your personal judgment to evaluate them. Even though the subject matter and law governing your case might be foreign and unfamiliar you should not discount your ability to size up an attorney candidate and his staff.

6. Do you have a policy regarding communication with clients, for example if I call with a question and leave a message, will you make your best efforts to contact me within 24 hours? One of the most common complaints from clients is that attorneys routinely neglect to return calls. Make sure that your attorney explains his policy regarding phone calls. And get his response or policy in writing within your retainer agreement if possible.

7. Do you routinely take the time yourself to explain to clients all of the court procedures, legal concepts, fee arrangements, billing practices, retainer agreements, and payment of costs? Your attorney should answer in the affirmative, as these matters are integral to your case. By asking this question, you are demonstrating that you are willing and able to learn about your case and be completely involved.

8. What is your method or strategy for handling cases like mine? Your attorney should have a streamlined process for "working-up" cases like yours. The level of detail contained in the attorney's process will demonstrate his organization skills and familiarity with the subject matter and law of your case.

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. In your expert opinion do you believe that I have real chance for recovery or is my situation just an unfortunate one with no real chance of success? You should, of course, ask this question even though it may be difficult to hear the answer. Sometimes there is no legal remedy when a person is hurt, injured or suffers an injustice. Your attorney might, in fact, recommend that you not pursue your case. A quality attorney will provide you with a plan of action that outlines your participation, the steps he will take, and the likelihood of a successful recovery.

To contact a personal injury attorney now please visit http://www.personalinjuryresourcecenter.com the attorneys listed here are ready and willing to answer your questions and provide expert advice now.

About the Author:

No comments: