Contrary to popular belief, most Illinois attorneys are honest and do a good job for their clients. But there are a lot that are just a little too slick like John Edwards. Doesn’t make them a bad attorney necessarily, just not my cup of tea. And then there are the attorneys that have no idea how to talk to a client so they say things that are best described as sleazy.
One of the biggest weaknesses of law school (med school too) is that they provide no training on how to run a business or deal with customers. They teach us ethically what we can and can’t do (a lawyer isn’t supposed to call himself a specialist for example), but there is nothing ever discussed on how to pitch yourself when a client is interviewing you.
The default approach for most of the clueless attorneys is to treat a client like a moron and prey on their presumed love of money. Especially in these tough economic times, it seems that many a litigation attorney is trying to tell a client what their case is worth instead of what they can do for them as an attorney, how the case would play out, offering a real legal analysis, etc.
Now everyone at some point wants to know what their case is worth and that makes sense to me. But in most cases, especially if you were recently injured, it’s impossible up front to tell you what a case is worth. One guy came to us and was very turned off because a lawyer he had called out of the phone book said that his case was worth “at least $80,000.00.” This caller was hurt two weeks ago and injured his back. If he makes a complete recovery his case is probably worth very little. If he has back surgery and can’t return to his normal job it might be worth a lot.
But based on an initial phone call not only does a lawyer not have the full picture of what your injury will be, they also don’t know what the potential defenses are to the case. If you get rear-ended by someone and break your neck, if the person that hits you only has $50,000 in insurance, your case might only be all that you get. If you were rear-ended by a UPS driver then insurance isn’t an issue.
As a potential client of an attorney, your problem is that most lawyers don’t wear a sign that says, “I am a scumbag” when you meet them. Sometimes you can get a feel for them, but often when you find out they are unethical it is too late. If they don’t pitch their abilities, but rather pitch what they can make for you, we think it’s a bad sign. Our advice is to make sure to really interview a lawyer before hiring them. Ask things like:
- Tell me about similar cases you have handled.
- What percentage of your practice involves my area of law. If their website indicates otherwise then call them on it.
- If there is an insurance company involved see what they can tell you about them. They might not know the adjuster, but usually the experienced attorneys can offer insight on how different companies handle cases.
- Talk about who specifically in the firm will be handling your case (experienced partner or just out of school associate). How will you be updated on developments?
- Once they have heard about your facts, ask them for a game-plan.
- Check www.iardc.org and see if they have been disciplined. If they haven’t it doesn’t mean that they are good attorneys, but if they have it’s a potential warning sign.
- If they are a one person shop, ask what happens with your case when they are on trial on another matter? How are your questions answered if they aren’t around? Does this delay your case?
There is no guarantee that you will hire the right law firm. But if you actually interview an attorney, ask tough questions and do research you certainly give yourself the best opportunity for a good result.
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