How To Pick An Attorney

By: Christopher Davis
If you've ever browsed through the "yellow pages" of your local phone book, you'll often find numerous advertisements (some times dozens of pages) for personal injury attorneys. These ads usually say the same things: "Free Consultation" "No Recovery, No Fee" "We'll Protect Your Rights!," "Aggressive Representation!" or "Need a Lawyer?" How on earth does someone who has never had to hire an attorney wade through all of these ads and find a qualified personal injury attorney, let alone someone that is good?? Finding a good personal injury attorney can be challenging, but not impossible. Here are some guidelines, which if followed, should make your search easier and also relieve some anxiety.

*Choose an attorney who specializes in personal injury. There are many attorneys who represent personal injury clients in addition to other practice areas, such as divorce, criminal defense or real estate. Choose an attorney whose practice is devoted to personal injury law. The field of personal injury is too complicated for a "generalist" or "part-time" lawyer to master. If you needed surgery on your shoulder, would you rather see a "general" surgeon who performs surgery on many different areas of the body, or a surgeon who only does "shoulder surgery?" Most people would choose the specialist. Don't take chances with your personal injury claim by hiring a "generalist."

*Choose an attorney who demonstrates expertise in the field of personal injury law. There are too many different types of the law for any one attorney to claim specialty in multiple areas. No one can do everything well. Most people want to see a specialist. The same is true for lawyers. The field of personal injury law is complex with subtle nuances that could mean the difference between recovering a few hundred dollars versus several thousands of dollars. The attorney you choose should limit his or her practice exclusively to personal injury law. Does the attorney write about personal injury? Is the attorney frequently asked to lecture and/or teach on personal injury topics? If yes, these are good signs that the lawyer is a personal injury specialist.

*Choose an attorney who understands the medicine involved in your case. This is a no-brainer, right? But you would be very surprised at how many attorneys who claim specialty in personal injury have little understanding of the medicine and treatment involved with the client's injury. For example, take a case involving neck and back injuries. These types of injuries can be difficult to prove in court because spine medicine is extremely complex and the diagnostic imaging may show very little or nothing at all. Yet, this area of medicine has also undergone enormous strides and advances just in the last ten years. There are now new diagnoses in the area of spine medicine that literally did not exist a few years ago, not to mention new treatments and minimally invasive procedures that have been created due to advancements in technology. If you have a neck or back injury claim, you obviously want an attorney who understands spine medicine so proper treatment and diagnoses can easily be pursued or presented to the insurance company in negotiations, or made part of a persuasive presentation to a jury on your behalf. You would be surprised at how few personal injury attorneys really understand this area of medicine yet neck and back injury claims make up the bulk of accident cases that exist in Washington.



*Choose an attorney who actually goes to trial. I know, I know. If you're like most people who have a claim for injuries, you'd rather not have to go to trial. So why pick an attorney who actually does regularly try injury cases? To understand why this is such an extremely important factor when choosing an attorney you have to understand the business of insurance and why claims are settled. Essentially, the insurance company is in the business of "risk." That is, it accepts your money with the promise that it will pay you money if you encounter certain risks of harm or damage. The risks are usually low, which is why the insurance company can earn enormous profits. When it comes to paying a claim, the company only pays a "settlement" if there is a "risk" that the company may have to pay more if the person files a lawsuit and goes to trial. Attorneys who regularly go to trial increase the insurance company's "risk" that it might have to pay much more money if the jury awards more than the last settlement offer. Insurance companies regularly keep lists of the personal injury attorneys who do go to trial. These are the attorneys who can command premium settlement offers compared to attorneys who do not go to trial. Simply put, the insurance company will pay more money to settle a case if there's a greater chance that the attorney will try the case in court. That is why you can actually avoid going to trial if your attorney has a reputation for winning.

*Choose an attorney who wins at trial. This goes without saying. An attorney who gets results at trial is the insurance company's worst nightmare. The carrier will pay much more money to settle a case if the injured person's attorney has a track record of winning at trial than if the attorney does not. Choose an attorney that wins.

*Beware of attorneys who actively solicit you. You should be cautious of attorneys who contact you in writing just after you or a loved one has been injured, maimed or killed in an accident. Most state bar associations have rules against attorney solicitation, or at least have very stringent limitations on this sort of activity. I have no respect for attorneys who feel the need to cross the line by actively soliciting clients right after the accident. If an attorney engages in this sort of unethical behavior it may give some indication how that attorney might perform in your case.

*Be cautious of attorneys who advertise on T.V. or take out big flashy ads in yellow pages or other publications. Did you know that many of the T.V. and yellow page ads for lawyers are paid for by attorneys who have never actually tried a personal injury case in court? In fact, some of these advertisements are created by law firms that have a "policy" of always settling their cases without ever filing a lawsuit! If you were an insurance adjustor who knew that a particular attorney or law firm always settled short of trial, would you ever increase your offer for fear that a jury might award more?

*Understand how the bar association referral lists work. Many local bar associations operate a "referral list" where consumers can get the name of an attorney. Just understand that the lawyer has signed up and paid a fee to be included on the referral list. Some but not all of these referral lists don't bother to check or verify the attorney's experience with the type of case that is being referred.

*The likeable lawyer is not enough. There are many people who choose to hire an attorney based solely on whether the attorney is likeable. I know of some very personable and likeable lawyers who claim to do personal injury law, but whom I would never recommend based on their limited experience and expertise. Would you let a likeable surgeon operate on your body if you knew the doctor rarely made it to the operating room? It is important that you like your attorney, or at least respect him or her, but it should not provide the only basis for your hiring decision.

*Choose an attorney who you feel comfortable with. You should feel comfortable with the lawyer and his or her ability to communicate with you. Does the attorney seem credible and trustworthy? Does the attorney explain everything to your satisfaction, or does he explain why an answer to a particular question can't be given at that time? You should feel comfortable with the lawyer. You should also understand how the two of you will be working together on your case.
Article Source: http://www.articlerich.com

What to Look for in a Personal Injury Lawyer

By: Sally Hart
If you have been involved in an accident and were hurt, you can possibly recoup your expenses. The expenses you can get back include lost work, pain and suffering and of course medical bills. This sounds great, until you realize that in order to get try and secure this money, you will need to find a personal injury lawyer.

Lawyers and the legal profession as a whole have become quite villainized in recent years because of some very unscrupulous attorneys. These few ruin it for everyone. The good news is that not every personal injury attorney is an ambulance chaser or dishonest. Like any profession, you should look out for a few things before hiring a personal injury lawyer.

The first thing to do is find someone who will work on a contingency basis. This means that they only get paid if they win by taking a percentage of the award they win for you. The reason you want this type of coverage is because then you are assured that the lawyer will work their hardest on your behalf. If they don't work hard and lose the case, they don't see a penny! It is important to note though that court filing fees and any compensation to expert witnesses and other miscellaneous expenses may be asked for up front. You should discuss this during your consultation, which is the next item to discuss.

You should always have an initial consultation with a lawyer before signing any fees contract. This initial meeting with the personal injury lawyer should be free of charge. During this meeting, you will discuss the merits of your potential claim, and the lawyer will then decide if there is enough to file a lawsuit. If they agree to take the case and you want them to represent you, then you sign a contract. The contract should state that the lawyer will not get paid unless they win the case (excluding any aforementioned court and special fees). The percentage they will take varies from state to state but is generally anywhere from 1/4 to 1/3 of your total judgment.

If the personal injury lawyer you have a consultation with is new or part of a firm or law office that you have not heard of, you may want to check them out. If you think they are ambulance chasers or will be dishonest in any way, you can look up their case history with the state bar. Have they ever been in trouble or reprimanded by a judge? Have they passed their state certification exam? All of these are questions you should ask of less-established personal injury lawyers.

Choosing a personal injury lawyer for your claim does not have to be a hard task. With a little research and an initial consultation where both parties feel comfortable with each other, the process can actually be quite pleasant. Do your homework, don't sign anything until you understand all the terms and make sure you are both on the same page. The result in court could possibly be much better as a result.
Article Source: http://www.articlerich.com

Personal injury lawyer New York: dedicated to resolve your case

By: Hadiya Robins
Life is full of uncertainties as a person is always a subject to an accident or an injury. These days, one can come across many accidents on the expenses of others. It can be just a bad experience for the guilty person but for the victim it is a lifelong pain. Injuries get healed but they leave discontent of injustice in the mind of the victim. If you are one of them, who has suffered a lot due to any personal injury then you can better understand that discontent of injustice. Fighting for justice is the only way to get back the peace of mind, if you reside in New York or nearby place then personal injury lawyer New York can be the biggest help for you.

Injuries either external or internal, takes time to get cured but satisfaction of getting the justice can lessen that time. Through a rough patch of injury you need someone to walk by your side as you and your whole family is affected by the trauma. A personal injury lawyer New York can be your best friend in your tough time that makes you feel comfortable by paving the way to justice and contentment. You can hire a personal injury lawyer New York, as he is beneficial in soothing your hurt emotions. It may be bit difficult to develop confidence in someone you do not know but a sensible market research can make it easier. It is always advisable to consider the previous track record and success rate of the lawyer before hiring. Excellent track record and expertise of a lawyer assures you apt justice.

For searching a personal injury lawyer in New York, you can also take help of internet as most of the lawyers have their own websites. In a situation when you cannot take much stress in searching for a proficient lawyer it is the most convenient way to check out the list highest rated lawyers. On web you can also get information about their past record. Once you choose the most reliable lawyer for fighting your case you can move ahead and can file a claim for your injury. He will be a perfectionist in accomplishing all legal formalities, such as filing cases and preparing arguments for fighting. After filing the case you can be free all hassles as your personal injury lawyer New York will ease them out.

Now the whole issue comes to a crucial point and that is charges of your personal injury lawyer in New York. This may be thing that can bother you but with personal injury lawyer you can be very comfortable with charges also. Absolutely, a personal injury lawyer New York is paid on a contingency basis when handling personal injury, personal property damage cases. This means that you will not have to pay any legal fees unless they start any legal process. They charge a very less amount for investigating and maintaining the claim. A personal injury lawyer New York makes full commitment to you and dedicates his resources in favorably resolving your case.
Article Source: http://www.articlerich.com

Custody Disputes Produce Few Winners

By: David Siegel
Undergoing a custody battle should be an act of last resort. The end result usually produces two losers and no winners. It should only be attempted if children are being subject to physical or psychological danger. If your child is being exposed to physical or sexual harm, take immediate action at any price. Additionally, if the children are being exposed to individuals and behaviors that make proper parenting for the children impossible, then a contested custody case is certainly warranted. Such behaviors would include drug use, multiple sexual partners in the presence of the children and psychotic actions caused by mental instability.

Absent one of the above mentioned factors, a custody battle will likely lead to a big loss on both sides. There is a huge financial cost to go along with an often irrecoverable emotional loss. And the party who ultimately winds up with custody may have done so at an extreme price for the minor children. Although the parties may attempt to shield the children as much as possible, they are no doubt going along for the ride. And that ride may take years depending upon the city and court location of the battle.

Because custody battles produce few winners, the courts will do whatever they can to encourage an agreed upon settlement. In Illinois, when there is any dispute involving the custody of minor children, the parties are forced to engage in court ordered mediation. This mediation is the first step in an attempt to have the parties reach an agreement. This method has been very successful because is forces the parties to think about the children and not just about themselves. Such mediation could reduce a divorce case to months instead of years. The well being of the entire family can be enhanced through the use of mediation. However, if mediation is not effective and the children are at severe risk of harm, forge ahead with a custody battle. Just remember, there are few winners if ever.

Importantly, before jumping in the waters of a divorce or custody case, consult with an experienced divorce or family lawyer to learn more about your rights and about the likely outcome. There is so much misinformation that surrounds divorce and custody. People discuss other peoples' results without knowing any of the facts of the case. It goes way beyond hearsay. Without the advice of an experienced attorney, there is no way to have peace of mind throughout the process.
Article Source: http://www.articlerich.com

5 Critical Mistakes Often Made When Hiring an Attorney & How to Avoid Those Mistakes

By: David Siegel

Hiring an Attorney with Little Experience

1. People often hire an attorney that has little or no experience in the area of practice in which they seek representation. A person that has used an attorney to handle one area of the law may not want to have that same lawyer handle another area of the law. Even if the past representation was excellent, that attorney may be the wrong choice for a different facet of the law. The practice of law has become increasingly specialized and there are fewer and fewer general practitioners who can effectively handle multiple practice areas. If you choose an attorney who concentrates in your particular area that you need help in, you stand a much greater chance of success. You can increase your chances of success even further if you find an attorney who not only concentrates in your particular area, but also has had a lengthy track record of experience in the particular area. There is no substitute for experience. It can take 3-5 years to become proficient in an area of practice if the attorney engages in that area consistently. For an attorney who does only one or two cases like yours per year, he likely will never become proficient in that area.

Choosing an Attorney Solely On Price

2. People sometimes choose an attorney solely on price. Don't let price be the determining factor when hiring an attorney. It should be one of many factors, but never the only factor. This price shopping mentality could be a very critical mistake depending upon the area of law. A quality attorney can often wind up saving a client a substantial amount of money by knowing how to properly handle a case. Saving a little money in the initial hiring process can sometimes lead to bigger losses in the long run. The old adage that you get what you pay for is often true.

Now that is not to say that a less expensive attorney is always inferior or that a less expensive attorney will provide sub par representation. However, I would never hire the $99.00 attorney just because he is the cheapest. That lawyer may be less experienced. That lawyer may be able to charge less because he does less. He may not be willing to respond to your questions or attend to the details required to make your case go smoothly. Beware of lawyers who advertise a very low introductory fee and then add on for additional services that other lawyers may include in their flat fee agreements. I would also not hire an attorney who was charging an exorbitant amount as well. We live in a capitalistic society and some attorneys charge the moon and the stars for their services. The most expensive attorney is not necessarily the best. I would focus on hiring quality representation that leads to positive results. A respected attorney would deliver that benefit for a reasonable fee and would provide a written contract describing his services in an understandable form contract.

Failing To Ask Critical Questions

3. People don't ask critical questions at the hiring stage as to the attorney's ability, experience, knowledge and rate of success. Be prepared to ask direct questions of the prospective attorney. After all, you are the consumer and you should have a clear picture of the attorney that you are hiring. The attorney should be asked how many cases of this nature does he handle and what percentage of his practice involves this area? Will he personally oversee the case or just delegate it to an associate or legal assistant? Will he be available for ongoing questions either in person or on the telephone? How many years has the attorney been engaged in the particular area and what is his success rate? Can he provide any names of satisfied clients? Does the attorney take ongoing legal education training in the particular area? Is he a member of any local, state or national organizations that relate to the particular area? What is his reputation like among his peers? Would he be able to provide any references? Does he have any published works on the subject or has he prepared any helpful educational material on the subject that you can review? These are just some of the questions that should be asked at the initial interview stage. Your legal situation is of great importance in your life. Take the time to ask the prospective attorney some uncomfortable questions. The answers will be very telling. You will know within minutes whether or not you are meeting with a qualified attorney who is right for you.

Don't Overpay In Return For Inferior Service

4. Overpaying for inferior service. Lawyers are in the service business. If they are not providing excellent client services then they are not worth hiring. The client should have great access to the attorney and to their personal file information. Some attorneys charge a high premium yet provide very poor service. Some attorneys restrict access by limiting the times, days and hours that file information can be obtained. Make sure that you will be treated with respect at all times. And that means having your questions answered or telephone calls returned within a reasonable period of time. Make sure that the attorney or law firm that you hire values you as a client and that you are not perceived as just another number. Will you receive friendly treatment from the attorney and the staff? These are factors that you should greatly consider when choosing an attorney. When you meet with an attorney for the first time at his office, evaluate the service factor of both the attorney and the staff. Is this a place that you would feel comfortable dealing with for weeks or months? What does your gut say with regard to the services being provided?

Not Checking the Attorney's Status and References

5. Not checking the attorney's status with the licensing board and not checking with any references if they were provided is the final critical mistake to avoid. Wouldn't you like to know if the attorney that you are interested in hiring is listed in good standing? What if there were outstanding complaints against that attorney for neglect or worse? These are issues that would certainly affect your hiring decision if you were aware of them. Also, did you check with any of the references that were provided? Did you call every one of the names provided to see if they would highly recommend the attorney? Was their case even remotely similar or in the same area of law as yours? Have them point out at least one weakness in the attorney's representation or at least one area that could use improvement. A little effort at the outset of your case by way of research can make a world of difference in your choice of attorneys.
Article Source: http://www.articlerich.com

Law Marketing – How To Increase Your Revenue By An Average Of 27%

By: Henry Harlow
Law marketing is not that complex. It is much easier than becoming a lawyer! Here is a brief listing of law marketing items in order of importance telling you how to get more than a 27% increase on average in revenue within one year using marketing for lawyers well.

1. Raise client fees by at least 5% now – most attorneys can do so, however, they don’t know it. Marketing for lawyers involves understanding pricing strategies and techniques.

2. Capture all billable hours – many attorneys are not keeping contemporaneous time. They are doing it at the end of the day, the end of the week or even the end of the month. Plus they are “writing down” their time from fear the client will protest the amount of time so they cut the time. There is at least a 5% to 10% increase in revenue here for many attorneys. You will have less law marketing to do if you get paid for the work you are doing now.

3. Begin to bill for legal assistants – I still find solo and small firm attorneys who are not billing for legal assistants time. In marketing for lawyers it is a good strategy to bill for legal assistants given the way managers and entrepreneurs make money is by leveraging themselves on the work of others. Additionally, it is in the best interest of the client to have the least expensive yet appropriately competent staff to do the work if possible.

4. Begin to hold your team accountable for billable hours – start small with requiring 20 hours per week of billable time and then move it up to 30 hours per week over time. Do figure out a bonus plan for them as well to give them an incentive to hit the mark. Failure to hold staff accountable is often caused in law practice management by the desire to be liked. Managers are not always liked although they don’t have to be feared either.

5. Begin to have all timekeepers doing only timekeeping work and hire a secretary/receptionist to allow them to focus on billable time. In marketing for lawyers your timekeeping staff needs to be focusing on the timekeeping not non-billable work that can be done by less costly but competent staff.

6. Hire some team/more team – some solos don’t have any staff and many solo/small firms do not have enough/the right staff.

7. Identify your top two or three revenue producing practice areas and limit your practice to those practice areas. Do only law marketing into your two or three selected practice areas.

8. Refer out (if ethically appropriate) or at least stop taking C & D clients and get A & B client files moving faster with more referrals coming in due to the happy A & B clients telling others about you. This is one of the best law marketing strategies since it gives velocity to your word of mouth with good clients who are loyal to you not loyal to your price.

9. Begin relationship law marketing to existing A&B referral sources that will result in more business fast as well as asking them to introduce you to their A&B colleagues that will result in more A&B referral sources.

10. Getting a handle on time management will enable the attorney and the team to get more billable hours in the same work hours and/or more velocity on contingency cases thus more revenue. This also means less marketing for lawyers time needed or more time for law marketing if needed.

11. Begin to ask clients for referrals (multiple times, multiple ways and in systematic ways) and ask clients to introduce you to other influencers they know. This is a stellar marketing for lawyers strategy.

12. Create a website that works on the CTPM model. Don’t know what the CTPM model is? See my website under the Internet marketing tab for openers.

13. Begin using law marketing direct mail strategies – here I am talking about regular mailings to your database at the very least and consider other direct mail strategies particularly to potential referral sources.

14. Begin using marketing for lawyers radio advertising – this can work well for some in small markets or if you can target your client market accurately it works well in a larger market.

15. Begin using law marketing TV advertising – only if you are in a smaller market or can target well on a cable channel is my best advice and never do TV advertising before you have done all of the other things above since you may have no need if you did all the other things above.

Well, there you go. Law marketing is not that complex to understand. It is a more difficult to implement of course thus the value of coaching. I have written two free e-courses designed for law marketing. One is on time management/productivity that addresses the points above in more depth so don’t think it is not about law marketing. The other e-course is on client development that addresses in depth more about law marketing. Pick them up now on my website at the resources tab. After all they are free and you can use the money I would imagine.
Article Source: http://www.articlerich.com

A Guide To Starting Your Own Law Firm

By: Kris Koonar
There are a variety of reasons why launching their own law firm can be an attractive proposition for qualified lawyers: greater flexibility and the ability to determine their own career path, family needs and lifestyle choices, having the opportunity to handle complex cases which would be taken on by senior personnel of a bigger organization, develop a distinctive and individual professional persona, avoid the uncertainties and vagaries that are usual in employer-employee dealings, bypass the office politics that are usual in any large organization, develop direct and solid client relationships, and enjoy the satisfaction of building their own practice. If you are entrepreneurial minded and are about to embark on launching your own law firm, here are a few pointers to keep in mind.

Ascertain if you are ready to launch your own law firm

. Before venturing out on your own, it is vital that you have business sources. If you are new in the field, or a geographical location, you must take into serious consideration whether you have enough contacts in the business to be able to begin your practice straightaway. In case you already are practicing as an attorney and are thinking of utilizing the business contacts of your current firm, you need to be cognizant of the ethical rules of your state that indicate what you are allowed to do or not, and regulate your actions accordingly.

. Assess the expenses involved in starting up on your own, and make certain that you have the financial wherewithal to cover for them.

. Consider the amount of time you will need to commit to your new practice, and determine if this is really the right thing for you, your finances, your lifestyle, and of course your family. In case you take on shareholders or partners, ensure that everybody makes the same kind of commitment of time to the practice, specifying the commitment in a shareholder, partnership or PLLC (professional limited liability company) agreement.

. One of the best ways to get your business up and running is by identifying yourself as an authority in your field of expertise. You can do this by speaking in public fora or publishing articles in journals, both online and in the print media. If you have not specialized yet in any area of practice, you need to determine whether concentrating in specific areas will mean future growth.

. You could discuss with other lawyers who have begun their own law practices, particularly those dealing in your area of specialty. This will help you to avoid the pitfalls and teething problems that they may have experienced.

Choose the structure of your organization

Before beginning your practice, or launching an advertisement about it, you need to determine a specific structure for your organization such as being a sole practitioner, getting into a general partnership, becoming a professional corporation, or a PLLC. Get the advice of a professional accountant to help you to ascertain which kind of organizational structure will be the most suitable for you.

Abide by the government registration, filing and deposit requirements

As an employer, a functioning business, or a corporation, you need to comply with various filing stipulations set by the government related to taxes and startups. Reconciling your tax records is essential in order to prevent the IRS making inquiries. If you hire staff, you also need to file the appropriate documents related to new employees.

Get insurance

The various kinds of insurance that you should think about buying for your practice are: malpractice, property, business, life, health, liability, vehicle, and disability. In fact, you should buy malpractice insurance right away.

Create a reliable system of accounting

In order to verify your business profitability, to keep a control on costs, to determine your fees, and to file tax and employment returns, an accurate and dependable accounting system is essential.

Open trust and bank accounts

One of the most important tasks when beginning a practice is to open trust and bank accounts that your firm will need to use.

Furnish your office

You will have to choose the space for your office and equip it with office equipment, furniture and supplies. You will also have to set up a library for all those bulky tomes associated with law.

Market your new practice

It is essential to devise a strategy of marketing your firm in order to attract business.

Set up your methods of billing and establish fee arrangements

Generally, charging fees on an hourly basis for the time spent on dealing with a case is the usual method of billing. However, lawyers use many other methods of billing as tools for marketing their business or according to their client requirements.

Set up a docket control system

Many malpractice insurance application forms have a stipulation that require attorneys to give details about the docket control system of their firm. This is required because an inefficient docket control system has the potential of resulting in missed dates and exposure to liability.

Establish standardized office procedures

The more systematic the procedures are in your office, the smoother will it function. Hence, it is important to devise standardized routines in the office for all the regular tasks that need to be carried out. This will help to cut down on the time spent on performing repetitive jobs.

Hire staff

When it is economically feasible, hire staff with the best qualifications possible at salaries that are the most reasonable.

Check for client conflicts

Lawyers are ethically obliged to prevent the occurrence of client conflicts.

Create a policy for document retention

All law firms, big, small and solo, are also ethically obliged to have a plan or policy for document retention.

Keep fine-tuning your practice

Once your law firm starts functioning profitably and smoothly, continue devising ways of improving the service quality you provide your clients. The better the quality of service, the higher the chances of success.
Article Source: http://www.articlerich.com