Before hiring the wrong personal injury lawyer ask 10 questions!

By 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 have a policy of professional liability insurance? Like doctors, attorneys should maintain a malpractice insurance policy in the event that mistakes occur.

3. Do you routinely take cases like mine to trial or settlement, and if so how many? This answer will demonstrate your prospective attorney's experience and familiarity 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. Who will be working on my case, you or junior associates, and if other individuals will be working on my case can I meet them as well? Oftentimes attorneys utilize the indispensable aid of younger, more inexperienced attorneys. Their help can save costs, but you should ask to meet them. While you may feel overwhelmed or confused by the subject matter, do not underestimate or neglect your judgment when evaluating an attorney candidate or 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. Do you have a strategy that you employ for cases similar to mine? Your prospective attorney's answer will demonstrate his organizational skills and whether or not he is familiar with the subject matter implicated in 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.