How to Choose a Lawyer - as printed in the Niagara Gazette on 02/15/2005
Posted: Thursday, October 16, 2008
By far, the most important factor to consider when hiring a lawyer is the lawyer's experience. There are many areas of law within which a lawyer may choose to concentrate his or her practice.
If you are purchasing a home, for example, you will want to find a lawyer who has the experience necessary to reduce the stress and length of time involved in home acquisition. Such a lawyer will be more efficient, knowledgeable, and protective of your rights.
The same holds true in situations where an individual has financial difficulties, mounting debts, and needs to file a bankruptcy petition or otherwise receive advice concerning his or her financial obligations. Most lawyers who handle bankruptcies do so exclusively or spend most of their time concentrating in this area of the law.
Most lawyers today are most familiar with and experienced in one or two areas of the law. Some, in fact, limit their practice to only one field of law, such as criminal law, bankruptcy, divorces, or civil litigation. Cases involving personal injuries that have occurred as the result of accidents, medical malpractice, nursing home neglect, or construction work generally are handled by lawyers who concentrate their practice in this field. The complexities of all of these areas of law have continued to grow over the years and it is difficult for any one lawyer to be knowledgeable and extensively experienced in more than one area.
Obviously, lawyers who have just graduated from law school do not have the experience necessary to handle serious and complex cases. They spend years acquiring experience by working along with or under the direction of a more experienced attorney or may work for a number of years as a law clerk for state or federal court judges.
The importance of the experience gain is easy to understand when experience is discussed in another professional context. For example, imagine someone who is in need of major surgery. They would be completely surprised and uncomfortable, no doubt, to learn that their surgeon is performing his/her first surgery on her own. Unfortunately, many people do not ask their doctors about the extent of their experience and many are afraid to ask their lawyer about their experience. Nevertheless, where serious matters are concerned, it is essential that a client ask and learn about the lawyer's experience so that they will not be disappointed later to find out that it was the lawyer's first case.
When clients are involved in contested and/or litigated matters, whether it be debtor versus creditor, a matrimonial case, or a personal injury case, those persons or corporations whose interests are adverse to the client know full well whether the client has hired an experienced lawyer who has been able to achieve success for his or her clients. Insurance companies, for example, are well aware in personal injury cases of the experience of the lawyers involved and their record of success. Insurance companies look very closely at the claimant's attorneys to determine whether they are ethical, experienced, and have a long record of success in the courtroom. Insurance companies have no reason to fear lawyers who have no experience in the courtroom or have not had success in a courtroom. They will treat each injured person according to the quality of his or her representation.
It is also important when hiring a lawyer to know whether or not the lawyer has the financial wherewithal to handle the case to its conclusion and whether the lawyer has the necessary support staff in the office to keep the client informed and help the case progress. Anyone interested in hiring a lawyer should consult with the lawyer and be prepared to ask questions about that lawyer's experience and record of success. The client should not simply accept the lawyer's word, but should ask for documentation that provides evidence of the lawyer's experience in the area involved and real evidence of the lawyer's success. It will be too late to obtain this information once the case has progressed. If the lawyer handling the matter does not have the experience necessary, the client's interests certainly will suffer in the end. Clients need to remember that they have only one case to be handled and it will be their only opportunity to do so. Accordingly, they must make the effort to understand the lawyer's field of practice, experience, and success in the courtroom.
The law firm of BROWN CHIARI LLP has a reputation built on courtroom experience and success in the field of personal injury law.