Individuals on average might be involved in one or perhaps two personal injury lawsuits over the course of their lifetime. As a result, few non-lawyers have the background knowledge to assess an attorney’s credentials and on that basis make an informed decision. Instead, people commonly look in the yellow pages, or see an advertisement and often will hire the first attorney they speak with. There is, however, a better way. And armed with just some basic information, you can make a smarter decision about which attorney to hire.

The following five questions are designed to help you begin a dialogue with your potential attorney and to help elicit the information you’ll need to understand some crucial issues with how he/she handles a case so that you can make a more informed hiring decision:

1. What percentage of their cases involve personal injury?

Personal injury cases involve a fairly specific skill set which many general attorneys simply do not possess. Consequently, while there are many attorneys that advertise for personal injury cases, there are few who actually handle them regularly. Ask your potential attorney what percentage of his/her personal docket is comprised of personal injury cases, and if that number isn’t a high percentage, you might want to look elsewhere.

2. What is your average time to resolution in cases like mine?

Every case is unique and no case is “average,” so there is no correct answer to this question. However, your attorney should be able to give you general guidelines about how long each stage of prosecuting your claim will take. For example, cases resolved by settlement usually take much less time than cases which are filed in court, or cases which actually go to trial. At Clifford & Raihala, we make every effort to promptly investigate the facts on which the claim is based, gather information from clients’ healthcare providers and work to fully evaluate your injuries, your healing and your prognosis for future problems from your injuries to obtain full compensation as soon as reasonably possible.

3. What is your contingency fee percentage?

Most personal injury cases are handled on a contingency fee basis. That means that the attorney will receive a percentage of the amount you recover. Every attorney’s fees are limited by our Supreme Court’s rules regulating the ethics of the legal profession. At Clifford & Raihala, there will be no fee in your injury claim unless we recover compensation for you, and this will be fully explained in writing.

4. Will you refer my case out, or will you handle it yourself?

Some attorneys advertise for personal injury cases but do not actually handle them themselves. These attorneys often just refer them out to other attorneys for a fee. Other attorneys just try to quickly settle the cases their advertising brings in, but have no intention of filing suit or trying the cases if they can’t. At Clifford & Raihala, if we accept your case, we will see it through to the best conclusion for you. We don’t pass it along to staff members within our firm – there will always be an attorney handling your case.

5. What is the settlement value and trial value range for my case?

If any attorney tells you the “value” of your case at your first meeting with him or her, you probably should hire another attorney. Determining the value of a case requires understanding many factors, including important economic loss information such as medical expenses, lost income, household and other care services provided, and a full and complete understanding of how your injuries have affected you and your family. An important function of a personal injury attorney is to identify areas of loss, collecting information so the losses can be evaluated and then determining – with the client’s participation – what fair and reasonable compensation for those losses should be.

1. What type of cases do you generally handle?

This is a question you should ask right off the bat. If the attorney doesn’t specialize (or regularly work) on cases relating to your legal issue, find someone else! There are plenty of lawyers out there, so find one that is in your niche. A specialized lawyer will have the experience and competence to represent and advocate for you.

2. Describe your typical client.

Even if you find a lawyer who is specialized in a certain field, they still might regularly deal with clients different from you! For example, if you’re a business owner, you want to consult a business attorney for your legal issues. But, if this business lawyer’s typical clients are corporations with complex tax issues and you’re a small online business trying to set up an LLC, this might not be the best fit for either of you. Don’t forget to ask this question to verify this attorney is right for you.

3. What are your attorney fees, and what are my payment options?

This is a question some feel awkward to ask, but DON’T! This is one of the most important things you can find out from the get-go! It will also likely help you determine if you want to hire them (or can afford to hire them) in the first place. With this question, you can also ask them if they bill clients by hour or project. Also, ask whether they will be completing the work themselves, or having legal assistants help.

4. How many cases have you represented that were similar to mine?

Asking a lawyer a straightforward question like this will yield a straightforward answer. The legal field is very much based on honesty and good character, so you will likely get an honest answer. It is always good to know whether your attorney has experience with cases similar to yours to guarantee they are competent to represent you. At a minimum, guarantee that the attorney has seen at least one or two clients with issues similar to yours.

5. What kind of special training or education do you have in addition to your law degree?

Certain areas of the law require additional school or training to become competent in that niche. For example, tax lawyers go to an additional year of school. If your legal issues are complex (like IRS issues) check with your attorney to see if they have additional training or education related to your issues.

Much like an accountant or a contractor, you should approach choosing an attorney wisely. Not only will you be sharing confidential information with this person, but you will also be entrusting them to offer you proper legal advice and guide you through a situation you wouldn’t otherwise be able to navigate on your own.

From qualifications and cost, to the area of law and location, there are several aspects to turn over in your mind before selecting the attorney that is best for you and your legal situation.

Here are 10 factors you should think about when searching for a lawyer:

1. Long or short term?

Before you begin looking online, or asking colleagues, friends, or family for referrals, you need to address your own needs first. Why do you need an attorney? Do you have a legal problem that you cannot solve on your own? If so, would a professional be able to help?

After you have identified you do need legal assistance, figure out whether you need a lawyer short term or long term. This will depend on the work you would like done. For instance, do you need an attorney to provide advice on a current legal situation? This may only require a short term hire or a consultation. Oppositely, if you are looking for someone to handle all your legal affairs indefinitely, then you may require a long term attorney who you can call on when you need them.

2. Area of law

Lawyers tend to specialize in certain areas of law, as it is a very large field of study, similar to medicine. Some cover real estate law, while others pursue business, family, intellectual property, immigration, employment, accident/injury, bankruptcy, criminal, or civil rights law.

Attorneys can also be open to a wide range of situations, in which case they are referred to as general practice attorneys. Smaller communities see more general practitioners because there is limited legal help in the area.

However, if your situation is specific to your business, then you may want to choose someone who has experience in corporate law. Alternatively, if you need help settling a loved one’s estate, an estate planning lawyer would be the best fit.

3. Are they highly regarded?

When you hire someone to perform a service or offer advice, you want to ensure that they know their stuff. You may need to ask for referrals from people who have worked with them before. You can also seek out referral services online who can pair you with a locally certified lawyer suited to your needs.

Personal recommendations or connections can also be valuable, such as friends or family who have worked with a specific attorney.

4. Location

Laws vary by state. This means you should look for someone in your area who is familiar with the region’s legal requirements. 

If you happen to live in a rural area with limited resources, you can use other methods of contact, such as phone or email, to discuss smaller issues. With larger legal matters, or for long term counsel, it’s important to find someone close to you so that you can develop a trusted, face-to-face relationship.

5. Experience

In addition to someone with a specialization in the area of law you require, choose an attorney with experience cases similar to your own. You can find out information about their practicing history by simply asking them, or checking out their firm’s website (if they have one). An attorney with more experience may be more valuable, but only if their experience matches your situation, as well as your budget.

To find out more about an attorney’s past history, you may be able interview them to see if they are qualified to take on your case. Asking questions will give you insight into the type of experience they have, if they communicate well, and most of all, if they can help you.

6. Size of firm

The size of the law firm can affect your decision in a few ways. Larger firms are usually more established and have greater resources, but can also be more costly.

Smaller firms may be more personal and perhaps less expensive, but they may be limited in their services if they don’t specialize in the area of law that you desire.

7. Cost and billing

Ultimately, cost will be a factor when you’re choosing an attorney. How much you are willing to spend is up to you. You can gather more information beforehand by asking the lawyer for a quote, as well as how they bill their clients. It could be an hourly fee, a flat rate, a contingency fee, a negotiable fee, or possibly even a retainer for future fees.

Find out if the fee includes expenses (such as shipping, filing, and travel) because these costs are not always treated the same and could be billed separately.

If you are not satisfied with the quote or the cost does not suit your budget, shop around and ask the same questions. When you do settle on a firm or a lawyer, always make sure the cost terms are clear and don’t be afraid to talk about price, so there are no surprises. You may even wish to confirm all costs in a written agreement.

8. Compatibility

While there are many professional things to consider when choosing a lawyer, their character should also factor into your decision. Find someone that is trustworthy and makes you feel comfortable. Mutual respect is also important. A lawyer who will work hard for you, exercise good judgment, and be thorough and thoughtful in the process is a valuable asset.

9. Availability

Does the lawyer you want to hire have enough time to dedicate to your case? How is their caseload? Can they take on your case immediately? These are important questions to ask if you plan on being in contact with the attorney often. If they appear to be overworked, consider looking for someone else who has the time to attend to your needs.

10. Communication

Communication goes hand in hand with compatibility and availability. Often, between paperwork and meetings, there can be a tendency to fall out of touch. Try to establish proactive communication at the beginning. Mention your preferred form of communication and discuss your hours, so you are both on the same page. This will prevent missed meetings or phone calls. Agree on regular check-in times to discuss updates and ask questions.

A good attorney should also take the time to explain complicated matters, provide you with plain English advice on your situation, and present you with an array of options or solutions to mull over before deciding on a plan of action

Selecting the Right Attorney for You

Choosing an attorney may take time, and you might not always find one that you click with immediately. A quality attorney will be worth the recruiting effort, even if it means researching and interviewing several before you decide on one.

Most importantly, finding a lawyer that fits your needs, your budget, and your welfare is going to give you peace of mind because you will trust that they are looking out for your best interests.