Hiring an Attorney

Before Hiring an Attorney

Your legal matters are very important and hiring the right attorney may determine whether you receive justice. Legal mistakes can cause expensive delays in time and money. Legal mistakes could delay your compensation by months or years and the expenses incurred to fix the mistakes could reduce the total compensation you receive. Make sure you hire an experienced lawyer who will pursue your case efficiently so that you receive the compensation you deserve in a timely manner. There are many things you can do before hiring a lawyer.

Call The Ohio Supreme Court

Ask whether the attorney is licensed to practice law. Ask the court to confirm whether the lawyer has completed all required continuing legal education courses and ask whether the attorney’s license current. You may also ask the court to confirm whether a lawyer has been disciplined or whether there are any complaints pending against the attorney. The Supreme Court’s website is WWW.sconet.state.oh.us/ and the phone number is toll free (800) 589-5256.

Interview The Attorney

Consider asking the attorney the following questions: 1. When was the last jury trial in which you were the lead attorney? (Lead Counsel is a term used to describe the attorney who is primarily responsible for a case.)
2. Who was the defense lawyer in that case and what is his or her phone number?
3. In what court did the trial take place and who was the judge?
4. Was there a settlement offer on the day of trial and what was the verdict?
5. Ask the attorney how many times they have been lead counsel in a case that went to trial over the last five years.

An attorney should be proud to provide you with the answers to these questions. But don’t stop there. Ask the attorney to confirm that he or she has professional liability insurance. The Ohio Supreme Court requires that all lawyers have insurance or notify you in writing if they do not.

Visit the lawyer’s website. Does the website contain helpful legal information concerning the lawyer, law firm and the legal issues pertaining to your legal concerns and needs? Visit the lawyer’s office. Does the office appear to be highly professional and does the legal staff seem courteous and dressed professionally.

Ask whether your lawyer will be handling the day to day affairs pertaining to your case. You may have little or no contact with your attorney if your case is assigned to a case handler, and therefore, it is important to confirm before you hire an attorney whether you will have frequent contact with your lawyer from start to finish. Make sure it is clear whether your lawyer will return your calls before you hire him or her.

Find Out if the Lawyer is Board Certified

A lawyer in Ohio can become board certified provided that the lawyer meets criteria established to confirm that the lawyer is skilled within certain areas of the law. The lawyer must pass an exam to determine whether the lawyer has achieved a level of knowledge within an area of practice. The lawyer must also demonstrate that he or she has served as lead counsel during a set number of jury trials, bench trials and other hearings. Less than 5% of attorneys are Board Certified in Ohio.

Contact Martindale Hubbell

This company will confirm whether the attorney has received an acceptable rating by his or her peers. Not all lawyers have a rating with Martindale Hubbell and a rating can only be established with this company after a screening process has been completed. A lawyer will not receive a rating unless Martindale Hubbell determines that the lawyer has a general ethical standard rating of “V- or Very High”. If that rating is met, the lawyer will then receive a “peer review rating” based on a screening process involving the lawyer’s peers in the legal community. A lawyer may receive one of three ratings provided that Martindale Hubbell determines that the lawyer has met the general ethical standards. The lawyer may receive a “CV rating”, which the company describes as an excellent first rating. The next rating is “BV”, which is an indication of the lawyer’s exemplary reputation and well established practice, according to Martindale Hubbell. Finally, a lawyer may receive a rating of “AV”, which means that the lawyer has reached the height of professional excellence. A lawyer’s rating with Martindale Hubbell may improve, decline or be removed. You may visit www.martindale.com/ in order to check a lawyer’s rating.

Contact The Court in Your County

It may be a good idea to call the Clerk of Court in the county where your case may be filed, which is typically the county in which your accident occurred. The court employees may be able to tell you whether an attorney practices law in that court and whether the attorney has participated in any jury trial in that court.

Hiring the right lawyer could be the key to receiving full compensation. Insurance companies will likely take your case more seriously if you hire an experienced lawyer. An insurance company may also work harder to settle your case if you hire an experienced lawyer. Whether your case goes to trial or settles, make sure that you hire the right attorney

The Following are Some Useful Tips Courtesy of the Columbus Bar Association:

Do I need a lawyer at all?

There are a couple of questions, which will help you decide whether you need to hire a lawyer. What is at stake? Is it my liberty, my livelihood, my home or property? If anything significant is at stake, it is usually a good idea to at least meet with a lawyer to discuss your options. The second question is, how complicated is this? Unfortunately when it comes to the law, there are not very many things that are simple and easy to understand. Little mistakes in procedure or wording can seriously compromise your rights.

Making contact with a lawyer

If you think you have a legal problem, it is usually better to contact a lawyer sooner rather than later. Opportunities for a good resolution may disappear if you wait too long, and simple solutions are usually cheaper solutions.

If you do not know a lawyer who can handle your particular situation, there are several things you can do. One is to call the Columbus Bar Association Lawyer Referral Service. We helped thousands of people find the right lawyer last year from our 325-lawyer panel. You can also check with neighbors and friends, search on the Internet, or thumb through the Yellow Pages.

Once you have found a lawyer who can handle your type of problem, call to make an appointment. Most lawyers do not charge for initial consultations.

How to prepare for your visit to the lawyer's office

Ask questions

When you make your appointment, prepare a list of questions for the lawyer. This way you will be sure to have all of the information you need when you make your decision. Also ask if he wants you to bring any documents or written information with you.

Common questions you should ask

What is the time frame for your case or legal matter? Some cases have long periods of inactivity. If this is likely to happen to you, you need to know that and why.

How often are you and your lawyer likely to talk, and who will call the meeting?

Will it be face-to-face contact, by mail or on the phone?

If you are handicapped or have other limitations, be sure to alert the lawyer's office at the time you are making the appointment so that appropriate accommodations can be made.

This is the beginning of a professional relationship. Their impression of you can be as valuable as your impression of them.

Do lawyers always accept your case?

The simple answer is no. There are many reasons why a lawyer may need to decline accepting your case. Below are a few of the common ones.

If the case does not meet the legal standard of a meritorious claim, lawyers cannot accept the case.

If the lawyer has a conflict of interest, if they have a relationship with the people or company on the other side of your problem, they cannot accept representation.

If the lawyer is not sufficiently knowledgeable or qualified to handle the problem, they are required to decline representation.

If you and the lawyer cannot agree on the scope and strategy of a case, they will decline to be involved.

What to do when you get to the lawyer's office

Be prepared to briefly outline your problem for the lawyer, and be sure to bring copies of important papers.

The lawyer will usually talk to you about several different ways to approach your problem, which vary in price, possible outcomes and time. They will also tell you about themselves, so that you have an appreciation of their experience in handling your type of problem.

Be sure to discuss fees. If you decide to hire the lawyer, they will usually have you sign a fee agreement that outlines the hourly rate, the retainer, related expenses etc. Personal injury cases are frequently handled on a contingency basis, (the lawyer will get a percentage of the award, plus litigation expenses).

How do lawyers work?

Lawyers are officers of the court; they take an oath to uphold the law. They are ethically bound to zealously represent their clients within the bounds of the law. A lawyer would have to decline a case if the client wanted them to do something that is outside the law such as allowing them or a witness to commit perjury.

The lawyer is responsible for the management of the case or legal matter. One of the hardest things for the lawyer to manage is credibility. Your lawyer never wants to take positions on your behalf, which he cannot realistically defend. Your lawyer may recommend that certain issues not be raised or witnesses called, because they cause more problems than they solve.

Your lawyer will explain your options to you and ask which you prefer. Once you have chosen a goal with your lawyer, your lawyer is then responsible for determining how to best pursue that goal. There will be conversations with the opposing side, and with the judge. You will not be involved in many of these conversations. After the discussions have taken place, your lawyer will advise you as to your possibilities.

Therefore, it is important that when you select your lawyer, you should have confidence in their ability and integrity to do the best they can.

Attorney-client privilege

Your conversations with your lawyer are confidential. No one can put your lawyer on the stand and make them testify as to what you have told them. This is referred to as the lawyer-client privilege.

How do lawyers charge?

 Before you hire any lawyer, it is very important to understand how the lawyer charges. Do not be embarrassed or afraid to ask detailed questions. Some lawyers have different percentages, depending on whether the case is settled before trial, versus going all the way to a jury verdict (99% of cases settle before trial). This is because the lawyer will bear substantially more expense if the case goes to trial. There are times when lawyers feel they have negotiated the best settlement they can, and the client will not accept it, in which case the lawyer may withdraw from further representation. In contingent fee cases, the client is responsible for the expenses associated with the litigation, such as expert fees, transcripts, etc. This is over and beyond the lawyer's percentage fee. In many cases, a portion of the award may be owed to third parties such as health care providers.

Some of the above text was provided by the Columbus Bar Association. Some of the text was paraphrased because it wasn’t pertinent to injury law. For the full text go to: http://www.cbalaw.org/lrs/faqsBody.asp