The Smart Consumer's Guide to Hiring a Great Lawyer

Those of us who are pretty good lawyers, and who get clients mostly by word of mouth, referrals from other lawyers, and informed consumers researching qualifications, are operating at a disadvantage these days.

Some lawyers who have barely any professional qualifications other than admission to the Bar now blanket Georgia with ads on TV, billboards, bus placards and the covers of phone books.  Some of them habitually go right to the edge of ethical prohibitions against false and misleading lawyer advertising.  They operate "personal injury mills" in which case preparation is minimal and hardly any cases are pushed to trial.  While most cases settle in any law office, and reported court decisions are the tip of the iceberg, the fact that none of their cases result in reported court decisions confirms that they do not really fight the good fight for their clients. Insurance companies are well aware of that, so their leverage for favorable settlement is minimal.

I have taken over files for clients who fired some of those advertising firms. Almost without exception, I have found that the work was below minimal standards of competence. Recently I took over such a case and found that the "lawyer" assigned to the file had omitted from the demand package the last year of medical records and applied extreme pressure to get the clients to accept settlements of less than 10% of the probable value of their claims.

Recently I ran across a ebook which you can download --  The Smart Consumer's Guide to Hiring a Great Lawyer. The book exposes the barely legal tricks in lawyer advertising. It lists some excellent criteria for selecting a lawyer, which I have shamelessly annotated with references to yours truly.

  • The number of years the attorney has been practicing law.  I have practiced law for 32 years, since 1977. That includes a hitch as an Assistant District Attorney prosecuting the full range of state criminal cases, three years in small town general practice, and a decade in an insurance defense firm defending personal injury, wrongful death and insurance coverage lawsuits for insurance companies, corporations and government agencies throughout Georgia.  Since 1991, I have had a plaintiffs' personal injury and wrongful death practice.
  •  The attorney specializes in the area of law that pertains to your case. For 18 years, my practice has been almost entirely representation of plaintiffs in personal injury and wrongful death cases.  About 75% of my practice now involves commercial truck and bus crashes.
  •  The lawyer has good trial experience -- actually takes cases to trial -- not just going to court for hearings.  I have tried about 125 cases to verdict before juries. I have had to document my trial experience for board certification with the National Board of Trial Advocacy in 1995, and for re-certification in 2000 and 2005.
  • The attorney has a good track record and wins at trial. Recently, I have won jury verdicts for $2.3 million in a broken leg case in a conservative rural county in northwest Georgia, and $1.25 million for a cervical fusion despite strong evidence of assumption of the risk. Other cases during the same time period have settled favorably before or during trial because the other side knew we were prepared to take them to verdict.
  • The lawyer has a good understanding of or experience with injury cases that are similar to yours. I have successfully handled cases involving wrongful death, spinal cord injury, brain injury, burns and back injuries, Competent handling of any of these cases requires a solid understanding of insurance law.
  •  The attorney has been recognized with awards and distinctions. Read my bio.  Among other things, I'm a Certified Civil Trial Advocate of the National Board of Trial Advocacy, rated as a "Super Lawyer" in Atlanta Magazine, listed among the "Legal Elite" in Georgia Trend Magazine, have an AV rating in Martindale-Hubbell Law Directory, and am in the Bar Register of Preeminent Lawyers.  Currently, I am the elected Treasurer of the 40,000 member State Bar of Georgia. ("He who tooteth not his own horn, getteth it not tooted.")
  •  Quality of the lawyer’s website content is high and is very informative. See atlantainjurylawyer.com, georgiatruckingaccidentattorney.com, georgiatruckaccidentattorneyblog.com and atlantainjurylawblog.com. I had the first law firm website in Georgia (1996) and the second lawyer blog in the state.
  • The attorney is the author of instructional books, articles, videos, etc.  In addition to the links above and numerous articles and seminar papers, I am nearing completion of a book, tentatively titled Georgia Personal Injury Practice, with publication by West anticipated in late 2009 or early 2010.
  • The lawyer is often called to speak to professional legal organizations and law schools.  For a decade, I served on the faculty of the Emory University Law School Trial Techniques Program, until I cut back on teaching due to new State Bar duties.  In the past 16 years I have spoken at dozens of continuing legal education seminars. That has included chairing the Georgia Insurance Law Institute, Georgia Personal Injury Practice seminars for several years, and the Southeastern Motor Carrier Liability Institute. Now I am a trustee of the Institute for Continuing Legal Education in Georgia. In recent years, I have spoken at seminars on trucking trial practice in Atlanta, Chicago, New Orleans, Nashville, St. Louis, Las Vegas, San Francisco and at Amelia Island, Florida.
  • The law office offers real client case studies.   In the interest of client confidentiality, and to avoid giving opponents insights into litigation strategies,  we don't put much of that online. However, I can discuss relevant experience in past cases when we meet in person, though the identifies of client are always fully protected.  
  • The firm or lawyer has excellent client references or testimonials.  A couple of years ago in the midst of a tough case, a client called me a "sheep dog."  (Read the explanation.) Also see references and testimonials at Kudzu.com and Avvo.com.
  • The attorney is knowledgeable and confident. See everything linked above.
  • The lawyer understands that your case is unique and listens to your needs.  Check.
  • The law office staff (receptionist, legal assistants, and paralegals) is courteous and responsive. Check.