Once you have decided you need a personal injury lawyer, how do you find the right one for you?  The short answer is “very carefully.”

Googling “personal injury attorney” or “car accident lawyer” will get you plenty of law firms in your area. But their websites are rarely helpful in picking an attorney.  

Why? There are two simple reasons.

1. Most attorney websites are basically the same.  They introduce the attorney, identify his or her area of practice, and promise prospective clients good (or at least competent) representation.  They may list their practice areas, provide client testimonials, and feature a blog. But, if you read several of these sites, a majority of them will sound and look the same. 
2. An impressive website doesn’t always match the attorney’s skill.  You don’t have to be a great lawyer to have a great website—you just need a good web designer. This is not to say that you can’t draw useful conclusions from a site.  You want an attorney willing to invest in their practice and present their firm respectably to the public.  If your instincts tell you not to trust an attorney by looking at their site, you should follow those instincts.  But, even if a firm has an amazing website, that alone may not help to determine if they are the attorneys for you. 

In this article, we discuss five steps you can take to find the right injury lawyer for you and your family. As always, if you have any questions, feel free to contact us at (312) 578-9501. 

5 Steps to Selecting the Best Personal Injury Attorney for Your Case

Step One: Research Lawyers and Create a List of Candidates

The first step is to find attorneys that represent and get results for clients like you. Start with a list of about ten attorneys, and expect to narrow it down to three or four you plan to meet. 

There are many attorney research tools available today.  The oldest source for attorney recommendation is word of mouth—a simple recommendation from a trusted friend or colleague.  

State and county bar associations often have attorney listings you can call for recommendations. 

Word of mouth can be either the absolute best or absolute worst way to find your lawyer. If the source of the recommendation is a lawyer or someone who works with attorneys, this is a great way to find an attorney.  

But most people do not know enough about attorneys to tell a good attorney from a bad one.  Even if an attorney is good at drafting your neighbor’s will, that is no guarantee they will be a good lawyer for your car crash case.  Either way, if the lawyer sounds good, include them on your list, but follow up with the next steps.

Identify What You’re Looking For

Now that you know where to look, it is time to consider what you are looking for.  As you compile your initial list, you should look at the following criteria as a baseline to see if they are a fit:

1. Track record—has this attorney been successful in representing clients on a repeated basis?
2. Practice area—has this attorney actually handled cases like yours?
3. Educational background—where did they graduate from law school and receive their undergraduate degree?  This information is more significant for younger attorneys with twenty or fewer years of practice experience.

Step Two: Narrow Your List by Reviewing the Candidates’ Qualifications, Concentration, and Experience

Once you have a list of candidates, you need to narrow them down to decide who is worth consulting on your case. Here are a few ways you can do this: 

History of Discipline or Censure 

Investigate the attorney’s history of discipline with the state bar association, ethics committee, or other legal organization.

You should use great caution before retaining any attorney with a history of disciplinary action by their state ethics body. Most state bar associations either include an attorney search feature on their websites that allows users to search attorneys for their disciplinary records.

Firm Website or Attorney Bio

The firm’s website is the next best place for information on your prospective attorney. You should use this opportunity to evaluate the attorney’s qualifications regarding your particular legal needs. 

Trial and Settlement Record

Some attorneys post records of their trials and settlements.  Individual results are not necessarily indicative of trends.  But one thing you can look for is results in cases that are similar to yours.  This indicates that an attorney has achieved success in comparable scenarios.  

You can also look at trial results listed within the past five years, which may indicate how frequently an attorney takes cases to trial.  

If you do meet with an attorney whose record is all settlements and no trials, you should definitely follow up with them. You should ensure they have enough trial experience to take your case to court. 

Membership or Participation in Industry Trade Groups 

An attorney who is a member of a relevant trade group or, even better, holds a position within such an association, knows what they’re doing.

Concentration vs. general practitioner

The attorney’s website should list all his practice areas. It should also give you an idea of how concentrated that attorney’s concentrations are. 

If your case is a common automobile crash injury or DUI accident, your best bet is to choose a lawyer in those fields. 

Step Three: Make a Telephone Call to Your Prospective Attorney’s Office to Set up a Face-to-Face Meeting

Once you’ve narrowed your list, call each lawyer’s office to set up a face-to-face meeting. 

There are three things to evaluate in this call: 

1. The terms of a face-to-face meeting.  Most attorneys offer free consultations, but you should ask for the terms of the meeting just to be sure. 
2. The atmosphere of the law firm. You want a good interaction with whoever answers the phone. If they are rude, difficult, or uncooperative, that may be a sign that you’ll have communication issues with the office throughout your relationship. 
3. How quickly you can get in touch with the attorney, whether in a face-to-face meeting or over the phone.  If there is a delay in responding to you, what was the reason?  You will want to be able to get ahold of your attorney if you need to do so.

Step Four: Visit the Lawyer for an In-Person Meeting

Meeting an attorney for the first time can be intimidating. Many clients have never done this before.  Clients may worry that they will be judged, or that an attorney won’t take their case for some reason. 

At our office, we make the first meeting on our client’s terms and are always willing to make a house call to meet with a client on their own turf. 

You should come prepared. You have already researched this attorney and other candidates like him or her. So you know that there are many attorneys out there.  

You should come with a list of the questions you want to ask the attorney.  It should include 10 to 20 questions. (You can look at the list later in this article for guidance.) 

Come with paper and a pen to take notes. Jot down your impressions of the attorney so you can later reflect on the meeting before making your decision. The attorney will likely ask you to gather information and materials he or she will need to evaluate your case and prepare for discovery and investigation. 

Documents to Bring to Your Consultation

It will also help to come prepared with materials your attorney will need for the meeting.  

To properly evaluate your case and undergo a thorough investigation, your attorney will need any documents in your possession that are relevant to the case, including: 

• Police reports or accident reports 
• Records and bills from healthcare providers
• Insurance coverage information
• Information relating to missed income or time away from work 
• A chronology of events with dates of all important events related to the incident (e.g., date of injury, date of surgery or other treatment, etc.) 
• Copies of all correspondence to or from insurers (both yours and the other party’s)
• Copies of any claims already filed in connection with the incident 
• Any photographs related to the incident, including pictures of the scene, your injuries, property damage, etc.

Based on the particular circumstances of your case, your attorney will likely have additional requests to add to this list.

Questions to Ask Any Personal Injury Lawyer

Now that you know what to expect, what should you be looking for to evaluate whether this is the attorney for you?  Here is a list of questions you can ask:

• Do you have a concentration in a practice area relevant to my case?
• How many years have you been practicing in your concentration?
• How many cases in the past five years are dedicated to your concentration?
• What are some notable results you’ve achieved in your concentration?
• How many cases in the past five years have you represented injured individuals as opposed to defendants being sued?
• What percentage of your current cases are referrals from other attorneys?
• How heavy is your current caseload, and do you have enough time to take my case?
• What is your plan for my case? 
  •  When will my lawsuit be filed?
  •  What are the statutes of limitations for my claims?
  •  When do you expect discovery to begin?
  •  When will my case go to trial?
  •   What issues or problems do you foresee in my case?
  •  Do you anticipate retaining any experts and, if so, what kind of experts?
  •  Who else will be working on my case (both attorneys and non-attorneys)?
  •  After a settlement or judgment has been reached, will you provide assistance in resolving any liens on my recovery by medical service providers, insurers, or others?
•  What responsibilities will I have in the course of representation?
• What are my options as far as insurance claims versus filing a lawsuit?
• Do you have any history of discipline or censure with the state bar association, ethics committee, or other legal organization?
• What is the best way to reach you?
• How quickly do you return client calls?
• Do you provide regular case status updates?
• How quickly do you inform clients of developments in a case, like the entry of orders, filing of motions by either side, scheduling of hearings and discovery, etc.?
• How quickly can I get a summary of my billing invoice if I request one?

It is important to understand the attorney’s fee arrangement with you. Ask the following questions:

• What fee arrangement structures can you offer? (The typical range of options includes contingent, hourly charged to the client, with an attempt to recover through attorneys’ fees).  In ALL of our injury cases, we have a contingency fee agreement.  Unless we recover for you, you do not pay us anything.
• Do you require a retainer to be paid upfront?  Is any unused portion of the retainer refundable?
• Who pays expert witness fees?
• What other out-of-pocket expenses do you anticipate?
• Do you advance out-of-pocket costs?
• Can your firm financially afford to “carry” the case if necessary to go to trial and wait for payment on a judgment?

Step Five: Entering the Representation Relationship

Be aware that the attorney may not make a decision as to whether or not to take your case on the spot.  He or she may contact you shortly after the meeting to discuss your legal options.  This is a common practice in injury cases, so do not read too much into it.

You should also know that the lawyer may decline to take your case. There may be many reasons for this. You may also learn that the lawyer believes you do not have much of a case. 

If that is true, it is better to learn right at the outset of your case than after months or years of litigation.  But, in that case, you should get a second opinion from another attorney.

The attorney may also refer you to another lawyer.  There may be a number of reasons for this, including that the attorney cannot take your case for some reason. The attorney may also believe that another lawyer can do a better job representing you under the circumstances. 

If do decide to hire the attorney, the attorney will ask you to sign a retainer contract or other form of agreement for representation.  Read it carefully and ask questions before signing it.  You should be able to take it home and study it carefully before signing.

The attorney will instruct you not to discuss the case with others. This is very important advice.  Disclosing confidential information about your case can have devastating effects on your rights.  It can destroy evidentiary privileges, like the attorney-client privilege, doctor-patient privilege, or other matters.  Any questions you have should be referred directly back to your attorney and no one else. 

On the other hand, what if, after interviewing the attorney, you decide they are not the lawyer for you?  It is best to be upfront but courteous about this fact.  If you have found another attorney you prefer to use, you can simply say, “It was a difficult decision, but I decided to go with Attorney Jones to represent me in this matter.” 

If you have decided for some reason not to retain an attorney, simply tell the attorney “I’ve evaluated my options, but decided that I won’t be using an attorney to represent me in this matter.”

Having Trouble Finding an Attorney for You? We Can Point You in the Right Direction. 

Our experienced attorneys primarily help people who are injured by negligent people and corporations. That being said, we help everyone who comes to our office, regardless of whether we can take their case. 

If you’re having trouble hiring an attorney, contact us today at (312) 578-9501.