Disability Law

Injured & Need An Attorney? Beware: Not All Injury Attorneys Are The Same, Whether You Are In Atlanta, Douglasville, or Elsewhere.

By Jack E. Clay

I heard an interesting comment today from one of the Georgia's top attorneys. Our discussion was about attorneys who treat the practice of law like a business instead of a profession. He made the remark that some lawyers get a new file and their first thought is what the amount of money that can be made in the least amount of time. WRONG! I am reminded daily that, like wine, cases can take a long time to properly develop. In fact, Orson Welles said famously, "We will sell no wine before its time." A print of this quotation hangs on a wall in my office to remind me and, occasionally, my clients of the virtue of patience.

When selecting an attorney, please keep in mind that any attorney can advertise on television, have a fancy yellow pages ad, have a professionally designed website, or provide you with information in the form of pamphlets or booklets. Don't judge a book by its cover. Look beyond the surface to see what you are really getting. If I were looking for an attorney, I would evaluate the following factors carefully:

(1) Testimonials from former clients and references - One of the marks of good attorneys are satisfied clients. Ask for references. You wold not hire somebody without references. Why put one of the most important decisions you will make in the hands of somebody who cannot or will not provide references? While it is true that the identity of clients is strictly confidential, our office makes it a practice to keep a list of client references. These are past clients from whom we have received specific permission to disclose their contact information for prospective clients to call.

(2) Legal and trial skills or the "when push comes to shove factor" - Make no mistake about it, insurance companies and their attorneys care about the caliber of lawyer on the other side. When cases do not settle, they will inevitably size-up your attorney from their past experience and reputation of the attorney involved. There are numerous traits that good lawyers across the board seem to possess. Unfortunately, it may be difficult or impossible for a client to tell whether an attorney is really good. The best attorneys I know:
- Have mastered the substantive area of law in question
- Possess the wisdom and common sense to properly evaluate circumstances, strengths, and weaknesses
- Are diligent and push their cases forward -- in other words, they act instead of being acted-upon
- Understand what works and what does not work with judges and juries
- Understand the Rules of Evidence and Civil Procedure which permeate all injury cases whether it is a car accident case, defective product matter, or workers' compensation claim
- Communicate effectively
- Have experience taking cases to trial with a track history of success

(3) Specialization - The days of the general practitioner are become more and more numbered. Potential clients who are seriously injured should pick an attorney who specialized in one or two areas of law. Lawyers simply cannot be all things to all people and excel. I recommend asking the prospective attorney to tell you what percentage of their practice is devoted to your specific type of case.

(4) Organizations and community - Any attorney can join legal organizations. Pick a leader in the legal profession and the community. Ask the prospective attorney what leadership roles they have held in the past or currently hold. In my opinion, this is an indication of dedication to a profession, not merely the business of law. Or, put another way, it is the difference between passion versus a paycheck. Some attorneys are more interested in staying in their offices to make as much money as possible instead of offering a meaningful contribution to the legal profession by being leaders in organizations. We receive many referrals from other lawyers. I advise prospective attorneys to not only ask for past client references, but also ask for references of other lawyers in the community who have referred injury cases to the attorney you are considering hiring.

(5) Caseload and confidence - The attorney you hire should maintain a reasonable caseload and spend enough time with you during the first appointment to get to know you and your case. Many attorneys will send non-lawyers to your home to gather information and sign paperwork. Never hire a lawyer without meeting with the attorney personally at his or her office. You should feel comfortable and confident in their ability. Part of being a good lawyer is a limited caseload so the proper time and attention can be devoted to your case. You should connect with your attorney. Remember, if your case goes does not settle and goes to trial, you absolutely want the jury to connect with your attorney.

ABOUT US

In 2009, Jack Clay was selected as a Rising Star in Georgia's SuperLawyers Magazine. Mr. Clay is an experienced trial lawyer practicing in workers' compensation and personal injury law. He has tried over 50 workers' compensation hearings and 30 jury trials. He is a board member of the Georgia Legal Foundation and a graduate of Leadership Douglas. He is the author of the Georgia Law Blog (www.georgialawblog.com) which covers legal issues throughout Georgia. He is a member of the Georgia Trial Lawyers Association and the Workers' Compensation & Torts/Insurance Law Sections of the State Bar of Georgia. While his office is in Douglasville, he handles cases throughout West Georgia and Metro Atlanta. His office offers free legal consultations to those who have been injured.

To read more about Mr. Clay and our law firm, click here.

Full post as published by Georgia Law Blog on March 13, 2009 (boomark / email).