Cindy0922 said:
We were recently involved in an auto accident in the state of Wisconsin where all 3 occupants of our vehicle were injured. We were advised by a response on your board that we should hire an attorney immediately. I have 2 questions?
1. What is the advantage of hiring an attorney initially over waiting to see what the insurance company offers & hiring an attorney if you and the insurance company can't come to an agreement?
2. What type of questions do you ask and what do you look for when hiring a PL attorney?
Thanks for your responses.
Cindy
My response:
The advantages of hiring an attorney NOW will keep your case from being ruined. You see, if you don't hire an attorney, you're exposing yourself to people who are friendly, sweet and nice . . . but who are going to kick you in the ass when they have the chance. They will get you to talk about things you shouldn't, and to admit things that you think have no meaning and couldn't possibly hurt you.
Then, all of a sudden, you realize, they were the experts, and you weren't, and they aren't as "nice" as they once were, and why has their attitude changed ? It's because you want MONEY !
But, by the time you figure out that you should have had an attorney all along, your case is ruined, and no attorney will touch it with a ten foot poll.
Oh, sure. Your neighbor handled his own case and after his arm fracture healed, got a $2,000.00 settlement, all on his own ! Not bad, eh ? If he can do it, I sure can too !
He got gipped. He got screwed. And the insurance adjuster laughed all the way to the bank.
WHAT SHOULD I LOOK FOR DURING THE ATTORNEY INTERVIEW?
Come prepared with a brief summary of your immediate case (including dates and facts) as well as a list of general questions for the attorney. The purpose of the interview is twofold: to decide if the attorney has the necessary experience and is available to take your case; and, to decide if you are comfortable with the fee arrangement and, most importantly, comfortable working with the attorney. Since this a free consultation, it may not be a lengthy one. Be concise and approach the interview in a businesslike manner. Be prepared to take notes, to listen carefully to the attorney, and to observe the office.
Bring to the interview:
* a brief, written summary of your case;
* a list of questions for the attorney;
* cards or a small notebook;
* a pen/pencil for notes;
* copies of any notices you have received.
IN ADDITION TO ANY UNANSWERED QUESTIONS FROM THE TELEPHONE CALLS, YOU MAY WANT TO CONSIDER THE FOLLOWING QUESTIONS:
* How long has this attorney worked on cases like yours?
* Based on your brief description of the problem, ask about the range of outcomes you could expect (rough estimate of length of time, cost for legal services, and size of the award if any). Ask if the case is likely to be settled or will it go to trial.
Remember that there are many factors in how a case is decided. Be wary of any ironclad promises that you will win.
* Ask for an opinion as to the strengths and weaknesses of a case like yours. This should be based on your lawyer's experience with similar cases.
* Ask who will be working on your case. Will this attorney be doing all of the research, case preparation, negotiation, and court work or will associates or non- attorney advocates be handling parts of it? What are the experience and expertise of these other advocates? Will other experts including attorneys be consulted? If so, who will they be? If others will work on the case, what will the fee arrangement be?
* These questions are particularly important to ask of attorneys practicing in large law firms where work is often delegated to associates and/or paralegals.
* Ask about fees and expenses. These are not the same. An attorney's fee is the payment you make for the attorney's time. Expenses refer to a variety of other costs including witness fees, filing costs, copying, messenger service, etc. (See the question on fees below.)
* Will the attorney work out a written fee agreement with you? (The specifics of the arrangement should be in writing.)
* How often will the attorney bill you? Is a retainer required?
* Decide what type of involvement in the case you want and ask if the attorney is comfortable with that. (See the questions below on client involvement and cutting costs.)
* What hours will the attorney be available for meetings? This may be particularly important if you must leave work to meet with the attorney. Will you meet in the evening or on weekends? Will the attorney make house calls or visit a nursing home if needed?
OBSERVE HOW THE ATTORNEY RESPONDS TO YOUR QUESTIONS.
* Does the attorney seem organized (take notes, etc.)?
* Does the attorney respond openly and directly to your questions?
* Does the attorney provide you with written background material on the topics of interest to you?
* Are the attorney's explanations clear?
FINALLY, OBSERVE THE PHYSICAL SURROUNDINGS AND OFFICE STAFF.
* Is parking or public transportation easily available? Would you feel secure coming alone?
* If you are seeking a long-term relationship or currently are experiencing disabilities, consider the following:
* are there many steps to the office?
* are the chairs comfortable and easy to get out of?
* are the forms printed in large enough type to read or is a magnifying glass offered?
* is it difficult to hear what is going on due to excess noise?
* do you look into the glare of the window as you face the attorney?
* most importantly, if you mention problems, is the staff responsive to your needs?
* Does the office staff appear to be helpful?
* Do people identify themselves on the telephone so you know to whom you are speaking?
* Does anyone explain the relative roles of different people with whom you may be dealing?
WHAT FACTORS SHOULD I CONSIDER IN CHOOSING AN ATTORNEY?
After the interviews, review your notes. Look at the strengths and weaknesses of each of the attorneys you interviewed. Decide what is most important to you. Factors to consider in choosing an attorney include:
Cost * Cost is rarely a deciding factor unless it is a simple case which will take little time and that is the only contact you plan to have with the attorney. However, it is always critical that you feel comfortable and knowledgeable about the financial arrangement. Disputes over fees are one of the most common conflicts between unhappy clients and
attorneys.
Experience * Does the attorney have the necessary experience for the case you have? For a simple will a relatively new attorney may be a cost-effective choice. However, for a complex estate plan you are likely to prefer someone with more experience. The higher fee is likely to be balanced by not having to pay for the attorney to learn on the job.
Availability * Can the attorney accept the case immediately? Will the attorney be able to devote the time you want to the case? This is particularly important if you prefer a lot of interaction with your attorney.
Your Comfort Level/Mutual Respect * It is important not to choose an attorney simply because you share an interest in common or you are impressed by the firm's reputation. You should be satisfied with the expertise of the people actually working on your case. Will you trust them enough to tell them private matters (relevant to the case) that you
may not have shared with others? Do you believe the attorney treats your ideas and opinions with respect?
IAAL
