The Importance of Choosing the Right Attorney
First, as the potential client you should be able to meet with the actual
attorney(s) that will handle your case instead of simply an employee or
legal assistant of the firm. In order for the attorney to effectively
represent your interests they must know you personally. It is impossible
to evaluate a client as a witness or get a feel for the real person simply
by reviewing medical records or memoranda from employees of the firm.
More importantly, an attorney/client relationship should be built on trust.
Unless the client has an opportunity to meet with the attorney and ask
questions that element of trust is often absent.
The days when an attorney would put a sign outside of his new office and
welcome any and all client—regardless of what type of case he or
she had—are long gone. Today, it is absolutely imperative that a
client chooses an attorney that specializes in and has extensive experience
in the particular type of case the person has. For example, you do not
want an attorney that specializes in contracts to handle your divorce
case, you do not want an attorney that specializes in mergers and acquisitions
to handle your property dispute, you do not want an attorney that specializes
in the defense of corporate fraud to handle your landlord tenant dispute
and you certainly do not want an attorney that specializes in criminal
or family law to handle your personal injury or wrongful death case.
As such, the first important question to ask is whether the attorney or
law firm you are interviewing specializes in and has significant experience
in the type of case you have. If the answer to that question is yes, there
is still significant information needed in order to make an informed decision.
Second, if the client is comfortable with the attorney as a person, at
that point the next critical area of inquiry is background and experience.
The attorney that you choose must have extensive experience in the type
of case you have. The attorney should have handled a significant number
of the type of case you have. Examples of the types of questions that
should be asked are:
- How many of these cases have you handled?
- How many of these cases have you Mediated?
- How many of these cases have you tried to Jury Verdict?
- What types of results have you had in these types of cases?
The attorney should be more than happy to answer these types of questions
and if he or she is not, you should be wary.
Certainly, the attorney should have the appropriate number of employees
and adequate staff to handle your case. Some cases, especially the more
complex cases require capable paralegals, legal assistants and other employees
at the firm to make sure the work is accomplished in a timely and professional
manner. Inquiry into these areas can be a simple as looking at the office
at the first client interview or asking specific questions regarding the
names and qualifications of the individuals at the firm that will be working
on your case.
Finally, depending on the type and nature of the case, medical experts
and other technical experts such as biomechanical engineers, accident
reconstruction experts, human factors experts, construction experts, excessive
force experts, store policy, procedure and protocol experts are needed
in order to successfully prosecute your case. You should be sure that
the attorney you choose understands these issues and is familiar with
and has used a number of experts in the fields necessary to win your case.
Overall, the attorney/client relationship must be built on trust and the
client should have confidence in the attorney both based on his or her
qualifications as well as demeanor and the way you are treated.
