| A case decided by a jury in Rochester presents a | | | | to work on your case, you need to find out who is |
| glaring example of why choosing a lawyer to | | | | ultimately responsible if the case does go to trial and |
| represent you in a serious personal injury matter | | | | whether that person will be involved all the way |
| should be a far different process than choosing a | | | | through. |
| laundry detergent. A jury awarded the plaintiff in that | | | | B. Is the trial attorney experienced in the type of |
| case $1.9 Million Dollars against his former lawyer, a | | | | case involved? All personal injury cases are not alike. |
| man who in recent years has flooded the airwaves | | | | Medical malpractice cases, for instance, are far |
| with his advertisements proclaiming that he is the | | | | different from automobile or construction accidents. |
| meanest, toughest, smartest lawyer in town and will | | | | C. Is the trial attorney experienced at trying cases? |
| always get you a big cash settlement. | | | | Although many cases settle, in this field a number do |
| What the trial of that case revealed was that | | | | get tried. When choosing a surgeon to perform a |
| contrary to the claims of maximum cash made in the | | | | particular procedure most people want to know if he |
| advertisements, the client was talked into settling for | | | | or she has done this procedure before and how |
| only a fraction of what the case was actually worth. | | | | often. The same question should apply to trial |
| Even more troubling were the revelations that: | | | | attorneys. |
| 1. The very first time the client ever spoke to any | | | | D. Is the trial attorney recognized by his or her peers |
| lawyer from the firm was the day he was asked to | | | | as knowledgeable? New York now requires all |
| sign the release for the settlement. Prior to that his | | | | attorneys to perform 12 hours of continuing legal |
| only contact was with support staff; | | | | education each year. These programs are usually |
| 2. The client was encouraged to accept the | | | | taught by other attorneys in the community. Find out |
| settlement on the basis that another better claim | | | | if the attorney you are considering has been asked |
| existed, when in fact, there had been no | | | | to lecture to his or her peers in one or more of |
| investigation of this second claim and it was ultimately | | | | these programs. |
| never pursued; | | | | You should also not be enticed by the offer of a |
| 3. The meanest, toughest, smartest lawyer in town | | | | free initial consultation. Virtually all personal injury |
| according to his commercials admitted in his | | | | attorneys accept contingent fee arrangements which |
| videotaped deposition played to the jury that he has | | | | provide for the attorney's fee to be paid out of the |
| never once tried a case in court and lives in Florida! | | | | recovery. So the offer of a free initial consultation is |
| Prior to the United States Supreme Court decision | | | | actually universal in this field and not something |
| forcing states to lift the ban on lawyer advertising on | | | | special a particular attorney is offering just to you. |
| First Amendment Grounds, most people had to | | | | If you have no way of identifying experienced |
| research their choice of a personal injury attorney by | | | | attorneys there is help available. The Monroe County |
| asking friends, a family attorney or someone involved | | | | Bar Association has a lawyer referral service that will |
| in the court system for a recommendation. Now | | | | provide the names and phone numbers of attorneys |
| attorneys competing for personal injury clients appear | | | | who practice in various areas of the law. The |
| on virtually every billboard on the expressway, on | | | | American Board of Trial Advocates, a national |
| countless, tasteless, radio and television ads and | | | | organization of experienced trial lawyers, has a |
| sometimes send direct solicitations to injured | | | | website at that will identify trial attorneys by region |
| individuals. Although the Supreme Court has held that | | | | who have been accepted into the organization. Many |
| this lawyer advertising cannot be prohibited, it is well | | | | law firms also have websites with much more useful |
| recognized within the legal community that the | | | | information than can be displayed in a billboard or 30 |
| advertisements are frequently not providing potential | | | | second television spot. The best source remains |
| clients with the information they really need to make | | | | someone like a family attorney or friend who is |
| an informed choice. | | | | familiar with the court system that knows who the |
| If you are injured by the negligence of another and | | | | most experienced and reputable attorneys are. |
| need the assistance of an attorney, you should ask | | | | Not all attorneys that advertise are incompetent. But |
| the following questions: | | | | many are not what they seem, and this recent case |
| A. Who will try the case? Although it is perfectly | | | | highlights the pitfalls of accepting these |
| appropriate for younger, less experienced attorneys | | | | advertisements at face value. |