Choosing A Lawyer

Shopping for a trial lawyer is a common practice today and it is good to compare. There are many qualified lawyers and your goal, as a potential client, is to find someone who is right for you and your case. To do this your need some criteria to make a proper comparison:

Here are five qualities to look for in selecting a trial lawyer:

1. The lawyers' experience with your kind of case.
2. The lawyers' ethics and honesty.
3. The lawyers' reputation.
4. The lawyers' record of success with your kind of case.
5. Whether or not you feel comfortable with the lawyer.

Some lawyers use advertising and the internet to make representations to the public about their skill. Some may not be true or accurate. You should not rely on representations in ads alone. You should consider a more objective approach, i.e., asking questions that will reveal the quality and skill of the lawyer. The following are some ideas to consider in your search.

1. Experience:

Question: How many jury trials to verdict have you had?

This is the true test of an experienced trial lawyer. Fewer cases are being tried these days but a lawyer should be taking cases to trial periodically. Lawyers who do not try many cases do not pose a credible threat to try your case, and rarely get the best offers.

Question: Are you a member of one of the top four peer selected trial organizations?

Any lawyer can join The American Bar Association, The Colorado Trial lawyers Association, (CTLA) The Association of Trial Lawyers of America (ATLA) or state and local bar association. All they need to do is pay the dues. Peer selected organizations are different. They are highly selective organizations that require an invitation to join, which is offered only after extensive research is done by lawyers already in the group (i.e. "peers") including lawyers who would ordinarily be on the opposing side of cases of the lawyer who is being considered for membership. Lawyers are eligible to be elected to these organizations after 12-20 years of practice. There are four major peer selected organizations. Membership in them tells you a lot about the lawyer you are considering.

The American College of Trial lawyers (ACTL): an international organization, including the United States and Canada, which seeks to elect only the "best of the best" trial lawyers. Membership for any state of province is limited to 1% of the lawyers in that jurisdiction so it is very selective. Lawyers are invited to membership only after an exhaustive analysis of all the cases they have tried and interviews with all their opponents and the trial judges who presided over the trials. The ethical prerequisites are very high, as well.

The International Academy of Trial Lawyers: an international organization, with members in the United States and 33 other countries. Admittees are limited to a total membership of 500 lawyers in the world. Requirements for admission include that the nominee posses, "…to an exceptional degree, …superior skill and recognized ability in trial and appellate practice" …as well as "excellent character and absolute integrity."

The International Society of Barristers: an international organization with members in the United States, Canada, England, Ireland, Scotland, Mexico and Australia, whose goal is the selection of lawyers who possess "excellent character and integrity of the highest order…" Candidates must have distinguished themselves as "…outstanding in the field of advocacy, rather than demonstrating mere competence or average skill as an advocate."

The American Board of Trial Advocates (ABOTA): a national organization that requires inductees to prove they have tried a minimum of 20 civil jury trials and meet strict ethical guidelines. Membership in the Colorado Chapter of ABOTA also requires an affirmative vote of 75% of the members, thus an abstention is equivalent to a "no" vote.

You should ask the lawyer you are interviewing if he/she is a member of any of these groups. If he/she is not a member of any of them, you may want to consider this factor in deciding whether others are more qualified. The general rule is that the greater number of these peer review organizations he/she belongs to, the more prominent is their experience and reputation.

Question: Are you listed in the national publication entitled: The Best Lawyers in America?

A lawyer can only be listed in the publication if his/her peers, other attorneys already in the publication, recommend him/her. The publisher annually polls lawyers throughout Colorado for this purpose.

Question: Have you been rated by Martindale-Hubbell? If so, what is your rating?

Martindale-Hubbell has been rating lawyers in the United States and worldwide since 1868. The publication, Martindale-Hubbell Law Directory, issues ratings of lawyers done by the lawyer's peers. This evaluation is re-done regularly and is updated annually. The publication rates legal ability and ethics. The highest rating "AV" means the lawyer's ethics are very high and his legal ability is very high to preeminent. Lower ratings are BV and CV. Lawyers that are not rated at all should be viewed with caution. You can use these ratings to compare lawyers.

Question: Are you going to handle my case personally, or will you be referring me to someone I do not know and have not been able to research, or select myself?

Unfortunately it has become a common practice for some lawyers who are not very qualified to advertise heavily on billboards, the internet, radio and TV. Often they then take your case, only to refer it to someone in your area whom you have never met or sought out. The referring lawyers sometimes want a percentage of the fee generated by your case. This is how they afford their advertising efforts. You should question the referring lawyer and the lawyer to whom you are referred using the same approach outlined for you in this document.

2. Ethics and Honesty:

Question: Have you ever been disciplined in any manner by the Colorado Attorney Regulation process?

You should be wary of retaining a lawyer who has a record of professional discipline.

If the lawyer has no record of discipline, membership in one or more of the four peer selected organizations listed above and an "AV" Martindale-Hubbell rating is a reliable indication that the lawyer is highly skilled and is ethical.

3. Reputation:

Question: Can you provide a list of references, including prior clients and judges?

The lawyer should be willing to do this for you and upon request if you feel it is necessary. Once again, membership in one of the major peer review groups outlined above is strong evidence of an outstanding reputation.

4. Record of Success:

Question: Have you been successful in handling cases like mine?

Do not be impressed merely by the size of the recoveries a lawyer claims to have obtained for other clients. The amounts alone can be misleading. A lawyer may have obtained a big jury verdict but it might have been reversed on appeal or it might be a verdict that can never be collected. Some lawyers also have been known to represent the total payout of a structured settlement (i.e., one settled with an annuity) to make the result seem much bigger than its present value. The quality of the verdict is the key factor, not just the size.

Question: How many of the awards were the result of the jury verdicts as opposed to settlements?

Most cases settle before trial but it takes a lot of skill and experience to obtain and retain a large jury verdict. Unfortunately, some lawyers do not have the skill or reputation to obtain or keep large jury verdicts so they settle the cases for much less than they are worth. To get the maximum settlement, your lawyer has to have the reputation of taking cases to trial and the experience and resources to do so. A large settlement can be misleading because the potential jury verdict may have been worth considerably more than the settlement.

5. Personal Relationship:

Question: When can I meet you?

The best way to determine whether you can comfortably work with a lawyer is to meet them in person. Choosing a lawyer is one of the most important things you will do in your life. You need someone who will promptly return your phone calls and emails and will treat you with respect during the entire time he/she is representing you. Invite the lawyer to come meet you or find time to visit their office. It is essential that you do this before you make a decision.