How Do You Find A Good Malpractice Lawyer???
Q: I'm not well versed in dealing with lawyers. How does one find a (good) malpractice lawyer? I'm in the Dallas, Texas area so I sure I'd have many to choose from but, I don't know where to start. Also, in dealing with a malpractice lawyer do you initially set up a meeting to see if the case even has merit? I have found the Martindale-Hubbell listing service on the web. Do you recommend this or is there a better way to find very good lawyer? What do you look for when searching for a lawyer? How can you find out who's at the top of their field?
A: Most local county bar associations run a Lawyer Referral Service. You can call information or look in the Blue Pages to find them. The way these work is that they maintain lists of lawyers who specialize in various areas and are willing to consult with new clients. Sometimes a nominal fee will be charged for an initial meeting. The Service in your area will be happy to explain the procedure. This is not a bad way to get names of several lawyers who are interested in handling your type of case. All the same, any lawyer who joins the bar association and signs up for the referral service can be on the referral list. The Bar Association does not perform screening or rating of the attorneys. As with the Yellow Pages, the listings include attorneys of all skill and experience levels. If you are looking to retain one of the leading lawyers for the particular type of case, you can ask who are the officers or long-standing members of their criminal law committee, their family law committee, their civil practice committee, their real estate committee, etc. You can also ask who are the local lawyers who've spoken on various topics at their CLE (Continuing Legal Education) seminars. Can't I Find a Lawyer Through the Internet? Often you can. The lawyers who are active on Usenet (see misc.legal), on CompuServe's LAWYER forum and, of course, Brett Weiss, P.C., function as an informal referral service. If you post a message, it's quite likely that someone who reads it will be able to help, or to give you the name of someone who can. For your message to be most effective, please do the following: 1.. In the subject line for the message header, try to give the state and the nature of your need. Examples: "Need MD Personal Injury Lawyer," "PA Probate Contest," "MO Med Mal Specialist." That way, lawyers in that state will be especially likely to read your message. 2.. In the body of your message, give a brief summary of the situation. But be CAREFUL! This public message will not be privileged, so it's better not to name names, or make any detailed statements about what happened, particularly if you or your loved one is facing criminal charges. We've seen instances where persons posted a detailed message trying to explain why they felt they were being unjustly prosecuted—while admitting every element of the crime! 3.. Also, in the message, spell out the city or town involved. And if any time deadlines are approaching, mention them. What's the Best Way to Find a Good Lawyer? The best way is the old-fashioned way: personal referral and word of mouth. If you know any lawyers, even if they don't handle your type of case, ask them for recommendations. Ask friends, family, clergy, people at work, union officials, club members, at the corner tavern or beauty salon. You could also ask for the name and telephone number of the company lawyer for your employer. Business lawyers very often know who the best matrimonial, personal injury or bankruptcy lawyers are in their area. And they can make an initial assessment of your case in determining who to recommend, and because of their relationship with the company, will try to see that you're satisfied. (Naturally, this doesn't apply if you need advice about a possible claim or dispute with your employer). If you're looking for a trial lawyer, ask for recommendations from friends and relatives who've recently served on juries. If you're looking for a real estate lawyer, call a title company and ask them who they use. For a domestic relations lawyer, ask the deputy court clerk in charge of domestic cases. Lawyers are the best source of information about other lawyers. Establish a relationship with a lawyer before some big emergency comes up and have him or her do some little things for you, like prepare a will, handle a speeding ticket or a residential real estate deal, review a contract, form a closely held corporation, etc. Is he or she responsive? Understanding? Prompt? Does he or she explain things clearly? Does he or she keep you informed without being asked? If the lawyer doesn't know the answer, does he or she admit it and then go find out for you? Then, when you have a big legal problem, you won't have to rush out and interview a bunch of strangers. You've already got somebody you can trust. If he or she can't handle the big matter, he or she can find you the right lawyer who can. What's the Worst Way? Yes, there is something worse than the Yellow Pages. Be aware that it is highly unethical for a lawyer to pay a referral fee, bonus, or kickback for "leads" on new cases. (Depending on state law, a referral fee sometimes may be paid to another lawyer, but there should be disclosure and client consent for any fee-sharing). Some of the profession's "bad apples" may still engage in the practice of paying "runners" for tips on new clients. So if a stranger (say, an emergency room worker) seems unduly insistent and volunteers that you should see a lawyer, or just happens to have a supply of the lawyer's cards to give you one, look out! This is not the kind of person who deserves your trust. Is This Covered By Insurance? Most people are aware that homeowners' insurance protects you if someone tripped on your sidewalk and sued. The insurance company will provide a