Tennessee Injury Law Center : Lawyers for Personal Injury and Wrongful Death : Serving Memphis, Nashville, Knoxville

I see a lot of Tennessee personal injury lawyers state that they are members of various bar associations.  Does the fact that a lawyer is a member of a bar association mean anything to someone who is trying to select a lawyer to represent them in a personal injury or wrongful death case? 

Many lawyers advertise that they are members of the Tennessee Bar Association, the American Bar Association, and / or their local bar association. Mere membership in these organizations tells consumers virtually nothing about a lawyer’s competence – all one needs to join these organizations is a law license and the money to pay the dues.

However, active membership in a bar association tends to indicate that the lawyer is interested in advancement of his or her profession. This is a relevant factor to be weighed by consumers because it indicates a passion for the law. A lawyer who has been active in bar associations will list those activities on his or her website. Those that do not list activities probably have not been active and are probably just dues-paying members.

Membership, particularly active membership in certain other types of bar associations is an important consideration for those who seek to hire a personal injury or wrongful death lawyer. A lawyer who does personal injury or wrongful death litigation on behalf of consumers should be a member of the Tennessee Association for Justice and the American Association for Justice. Once again, these associations have no entrance qualifications other than a law license and the ability to pay dues, but a lawyer who says he or she does personal injury and wrongful death work and does not belong to these organizations is, in our opinion, either not truly committed to protecting the rights of personal injury victims and their families or is too cheap to support the efforts of these organizations.

Both of these organizations work with legislators to help keep the courthouse doors open for ordinary people and work to educate their members. If a lawyer who seeks your case does not belong to these groups (both of them, not just one or the other), we respectfully suggest that you not even consider he or she to be your lawyer. If the lawyer is a member of both groups, then look to see how active he or she is in the organizations.

Those lawyers that are or have been committee chairs or members of the executive committee of these organizations have demonstrated that they are willing to volunteer their time to preserve the right of citizens to access the court system. Those who are merely members are at least saying that they will pay dues to support the organizations, but are unwilling or unable to make the sacrifice necessary to advance the goals of the groups.

All of the members of Law Offices of John Day P.C. are members of the Tennessee Association for Justice and the American Association for Justice. John A. Day has been President of the TAJ’s predecessor organization and has served on its Board for over 25 years. John has also served on the Executive Committee of AAJ’s predecessor and as Chair of the Council of State Presidents.

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I am about to interview a lawyer about truck accident case.  What role should the personality of the lawyer make in my decision? 

Lawyers are people (really!) and have different personalities. There are some inaccuracies in every generalization, but most lawyers would agree that lawyers who successfully try personal injury and wrongful death cases tend to more aggressive than passive, more self-confident (or perhaps even arrogant) than unusually humble, and better communicators than certain other types of lawyers. Frankly, lawyers who lack self-confidence  or who cannot effectively communicate do not belong in courtrooms.

Thus, before you hire a Tennessee personal injury and wrongful death lawyer you need to meet the lawyer. Do not rely solely on a commercial or a website description of the lawyer or the lawyer’s firm. Sit down and talk with the lawyer, preferably in the lawyer’s office, and try to figure out if (a) the lawyer is the type of person you want to work with during the pendency of your case; and (b) the lawyer is the type of person you want as your advocate before a jury if your case has to be tried.  Use your common sense in making this decision.

Why do we recommend meeting the lawyer in his or her office? It has nothing to do with the convenience of the lawyer. A lawyer’s office may provide valuable information about the lawyer. Does it appear well-organized? Is it clean? Does it present a professional appearance? Are you treated with respect by other employees of the firm? Does the lawyer meet with you at the appointed time? Is he or she prepared for the meeting? Are you given the opportunity to ask questions? Are those questions answered in language you can understand?

This is not to say that a lawyer needs to have a fancy office in a fancy building to be a good lawyer. Indeed, a fancy office may just be a sign that the lawyer spends money on material things that make it appear that he or she is knowledgeable and successful when the reality is quite different. That being said, the appearance of a lawyer’s office says something about the lawyer that is relevant in your decision of who to hire as your lawyer.

Many lawyers offer to visit with you at your home or even if the hospital if your circumstances are such that you cannot come to their office. This is often an offer made for your convenience, and should be viewed as such. 

You should also pay careful attention to whether and how the lawyer explains the law and what he or she will do to investigate your case. Your lawyer should be able to articulate the law to you in words you understand. If the lawyer cannot do so you will understandably question whether he or she will be able to articulate your position before a jury. You should ask the lawyer questions about anything you do not understand, and if the lawyer will not take the time to answer your questions, or does an inadequate job of answering them, you need to be concerned. Communication is a key part of the attorney client relationship, and a lawyer who cannot communicate effectively at the initial client meeting may have difficulty communicating with you as the case progresses and difficulty communicating with a judge or jury.

You should also be very wary of a lawyer who offers only positive thoughts about your case. This is a difficult thing for some people to understand, but excellent lawyers strive to be objective during their conversations with their clients. That is, these lawyers understand that it is their job to learn, evaluate and communicate the strengths and weaknesses of every case, and not just tell the client or potential client what they want to hear. Almost every case has a weakness, and the lawyer should be able to articulate those the weaknesses in a case very early based on the information that is available. You want to know about both the strengths and weaknesses of your case because both impact the value of your case. A lawyer who does not discuss case weaknesses either does not recognize them or is afraid of hurting the client’s feelings by having an open and honest discussion about the case. Excellent lawyers know that such conversations are an essential part of the attorney-client relationship, and know how to communicate their concerns without offending the client.

In summary, you want a lawyer who will be your effective advocate, but you also want one who can recognize and appropriately handle any negative aspects of your case. You also want a lawyer to tell you the truth about the positive and negative aspects of your case so that you have a full understanding of what is necessary to win your case and how any negative aspects of the case will affect your ability to do so. Finally, you want a lawyer who has compassion for your situation, the ability to communicate the law to you, and a professional appearance.

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I am thinking about hiring a lawyer to help me with a dog-bite case involving injuries to my child. Can I find out if my lawyer has ever been disciplined by the Tennessee Board of Professional Responsibility?

Yes.

Lawyers are regulated by the Tennessee Supreme Court through the Board of Professional Responsibility. The Board of Professional Responsibility investigates lawyers that are accused of violating the ethical standards of the legal profession, which are set forth in Rule 7 of the Rules of the Supreme Court of Tennessee. A lawyer who violates the rules can be sanctioned by the Board of Professional Responsibility. The sanctions can be a private reprimand or as serious as disbarment, which means that the lawyer is prohibited for practicing law for some period of years or even life.

Lawyers and non-lawyers can file complaints with the Board about the conduct of a lawyer. The mere fact that a lawyer has had a complaint does not mean that the lawyer has done anything wrong – anyone can file a complaint about anything. Indeed, the clients of criminal defense lawyers not infrequently file complaints against their own lawyers, and people involved in divorce cases may file complaints against their spouse’s lawyers that have little basis fact. Thus, it is the substance of the complaint, not the facts of it, that is important.

You can look at the Board of Professional Responsibility website and see if a lawyer has received sanctions for violating a disciplinary rule. If you learn that your lawyer has had a disciplinary complaint filed against him or her, ask about it. If they deny it and you know it occurred, the denial says something about their integrity. If they explain what happened, use your common sense to determine whether the lawyer’s error was serious or minor or whether it is likely to happen again.

You should be very concerned with a lawyer who has an extensive history of complaints found to be valid by the Board of Professional Responsibility.

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I interviewed a personal injury lawyer about my truck wreck case the other day.  I met with him in his office and it looked like he worked all alone - no secretary, no paralegal, no other lawyers.  Is that something I should be concerned about? 

Concerned?  I don't know that I would go that far.  I do think that the absence of a support staff is a factor that you should consider in determining who you want to be your lawyer.

Lawsuits of any size are a team effort, and each person in the office plays an important role in helping preparing the case and maximizing the recovery for the client. Thus, I believe you should look at the other lawyers and staff in the office and determine whether they can work as a team to help you with your case.

For instance, in our larger cases we almost always have two or more lawyers working on every case. Why? Assigning two or more lawyers to every case means that if one lawyer is busy in trial or is out-of-state taking depositions in other cases work can still be done on your case.

We also employ others to help the lawyers pursue personal injury and wrongful death cases.  We have a paralegal assigned to each case.  We have a full-time medical records coordinates who orders and organizes medical records and billing.  We have a full-time nurse to help with medical issues.  And, we have an in-house accountant to help us manage the financial aspects of the case.

In conclusion, I believe that you should hire a law firm that has what a football coach would call “depth.”   While it is possible for one person to do all of the things that our team does for any given client, we believe that employing high-quality personnel improves the service our clients have a right to expect.

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I talked to a lawyer about my automobile accident case and all he could talk about is his close relationship with the judge and how it would help me.  It sounded like I might get a better recovery if I hired this lawyer.  Should I? 

Lawyers who say such things are scumbags. 99.9% of judges would never allow their personal feelings for a lawyer to directly affect the outcome of the case. To do so would be unethical, and 99.9% of judges would never consider acting in such a fashion.

It is true, of course, that judges tend to respect lawyers who are prepared, who show up to court on time, who understand law and court procedure, and who answer the judge’s questions directly and honestly. And judges, like every other human, would tend to more readily accept the word of a lawyer who earned respect than a lawyer who demonstrated that he or she was not entitled to respect. But disregard the facts or the law simply because of a personal relationship? No, folks, it rarely happens.

Finally, think about it this way: If you were a judge and learned that your lawyer “friend” was going around telling people that he or she could improperly influence you in a case, how would you feel about it?

No, stay away from this type of lawyer. Like the lawyer who evaluates a case too early, this lawyer is trying too hard to get your case and, at the end of the day, you are very likely to be disappointed in the service you actually receive.

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I am looking for a lawyer and have come across the Super Lawyers website.  Should I look for a lawyer who is listed as a Super Lawyer? 

Super Lawyers is a relatively new publication to this area.  It provides this overview of its selection process:

Super Lawyers selects attorneys using a rigorous, multiphase rating process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Since Super Lawyers is intended to be used as an aid in selecting a lawyer, we limit the lawyer ratings to those who can be hired and retained by the public, i.e., lawyers in private practice and Legal Aid attorneys.The Super Lawyers selection process involves three basic steps: creation of the candidate pool; evaluation of candidates by the research department; and peer evaluation by practice area.

More detail is available here.

Is it important?  Yes, but it is only factor you should consider in deciding which lawyer to hire in personal injury and wrongful death cases or, for that matter, any type of legal problem.  As an experienced personal injury attorney, I have been included on this list for years and, in fact, any listed as one of the top 100 lawyers in all practice fields in the state of Tennessee (there are over 18,000 lawyers in the state).  Nevertheless, I think there is a lot of other information you should consider before hiring a lawyer.

We have written this article to help you decide who to hire as your lawyer in a personal injury or wrongful death case.  We believe that you should review it carefully as you make this important decision.

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What is a "settlement statement" in a Tennessee wrongful death or personal injury case? 

A settlement statement, sometimes called by other names such as a "distribution statement,"  shows the receipt of monies by a lawyer as part of a settlement and then describes how those monies are paid to the client and others.

These type of statements have been used by good lawyers for years and are now required by the Rules of Professional Conduct applicable to Tennessee lawyers.  Here is the relevant  language of Rule 1.5 (c): "Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination."

So, assume that  personal injury case is settled for $50,000.  The settlement statement would show the receipt of those funds by the lawyer.  Then, it would set out how that money would be distributed.  Likely distributions would include:

• repayment of money to a health insurer who paid medical bills in connection with the injuries in connection with the incident.
• payment of any outstanding medical bills arising from the incident.
• attorneys' fees
• attorney expenses (for payment of expenses incurred in the prosecution of the case)
• monies payable to the client.

It is possible that the settlement statement will show a reserve for additional expenses.  For example, assume that the lawyer took a deposition in the case shortly before the case settled buy has not received a bill from the court reporter who took the deposition.  The lawyer may estimate the amount of the bill and withhold that money from the settlement proceeds.  After the court reporter bill is received and paid, the lawyer should refund any remaining funds to the client.

You should review your settlement statement and make sure you understand the use of the proceeds of your settlement.  An experienced personal injury attorney will be able to explain each of the entries to you.

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What is the maximum fee a lawyer can charge in a wrongful death case in Tennessee?

In medical malpractice cases (now formally called "health care liability" cases after a change in the law effective October 1, 2011) the maximum contingent fee a lawyer can charge is 33 and 1/3 rd percent.  In other words, the lawyer can enter into an agreement with you to charge 1/3rd of the recovery he or she is able to make on your behalf.

In all  types of personal injury and wrongful death cases no statute limits or otherwise sets the amount of the contingent fee.  The amount of the fee is set by agreement between the lawyer and the client. The rules of professional conduct for lawyers require that a contingent  fee agreement be in writing.

There is an ethics rule for lawyers that requires that fees for all legal services be "reasonable."  Rule 1.5 of the Rules of Professional Conduct applicable to Tennessee attorneys requires as follows:

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I believe  I have a valid medical malpractice case.  A nurse put an IV in wrong, my arm swelled up with fluid, and it really hurt.  I'm alright now, but my arm hurt really bad for almost a week.  But no lawyer will take my case.  What's going on? 

My guess is that no lawyer will take  your case because the damages - pain and suffering for about a week - are so small that the cost of bringing the case is too great in relation to its value.

To prove your case, a nurse would have to testify that the nurse who cared for you made a mistake that should have been avoided.   Then, a doctor would have to testify that nurse's error caused you an injury and resultant pain.

The cost of hiring these experts to testify would be several thousand dollars.  No reasonable lawyer would bear those expenses given the injury that you suffered for the short period of time you had the problem.

Is this fair?  Perhaps not.  But my guess is that you are asking a lawyer to accept this case on a contingent fee basis rather than an hourly fee basis.  If my guess is correct, remember that a contingent fee lawyer will usually only accept those cases that (a) there is a reasonable likelihood of success and (b) the contingent fee likely to be earned will give the lawyer fair compensation for the time the lawyer invests into the case.   

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I was in a truck wreck in Clarksville, Tennessee and need a lawyer.  What does "no recovery no fee" mean? 

Lawyers who represent people in car wreck and truck wreck cases (as well as most other personal injury or wrongful death cases) often work for a contingent fee.  A "contingent fee" means that lawyer takes a percentage of the money he or she is able to get for you from the at-fault driver's insurance company.  If you don't win the case, the lawyer charges no fee.

Most lawyers also charge the client for the expenses they incur in the prosecution of the case.  Learn more about the types of expenses that are incurred by reading this Legal Guide.

Some lawyers charge the clients for expenses if the case is lost.  Other lawyers do not charge for expenses if the case is lost.  If the lawyer does not charge a fee and waives recovery of expenses if the case is unsuccessful then the client has absolutely no financial obligation to the lawyer if the case is lost.

Our firm handles the vast majority of its personal injury and wrongful death cases on a contingent fee basis.  We also keep up with the expenses we incur and are repaid those expenses out of any recovery we get for our client.  We usually waive those expenses in the event the case is unsuccessful.  The terms of our representation are set out in a written fee agreement.

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I was hurt in a car wreck and I need a personal injury lawyer.  How do I figure out which lawyer to hire?

If you look around it seems like there are thousands of lawyers who say that they handle personal injury and wrongful death cases. In Tennessee and many other states, any lawyer can say that they do personal injury and wrongful death litigation, and it is left to the consumer to figure out what to look for in determining which lawyer to hire for your case.

We have created a Legal Guide that will help you conduct the right research and ask the right questions so that you can hire the best lawyer for your case.

When you look at this Legal Guide, you will probably be a little intimidated.  It is rather long, and it suggests that you look at lots of different factors in determining who to hire as your lawyer.

We believe the extra effort is worth it.  Hiring a lawyer is an important decision.  The right lawyer can help your case, and the wrong lawyer can hurt your case.

You need to know what lawyers know:  Only a relatively small percentage of lawyers routinely handle personal injury cases, and a much smaller number of lawyers have the ability and experience to handle a serious case.  This Legal Guide will help you identify the factors that lawyers use to when they want to hire a personal injury or wrongful death attorney.

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I see all of these lawyers saying that they will give me a free consultation.  What does that mean?

Lawyers are just like anyone else - they have only so much time in a given day.  To make a living, many lawyers charge by the hour.  Other lawyers charge a flat fee for a given service.  Other lawyers charge a contingent fee, which means they get paid only if they win your case and, and the case is won, they take a percentage of the money they win on your behalf.

So, when a lawyer says that he or she will provide a free consultation it means that they will sit down with you, hear about your problem, and give you some initial thoughts about it, at no charge or obligation to you.  This meeting gives you a chance to "interview" the lawyer and the lawyer the chance to interview you.   At the end of the meeting you are free to decide that you do not want to hire the lawyer and, likewise, the lawyer may decide that he or she cannot help you with your problem.

Make sure you understand before meeting with the lawyer whether there is any charge for the initial consultation.  Once again, most personal injury and wrongful death lawyers offer a free initial consultation.

To schedule a free consultation with our office on any type of Tennessee personal injury or wrongful case, please call  615.742.4880 or 866.812.8787 (toll-free) or fill out this form and send it to our office.  

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I responded to a "pay for click" lawyer ad to try to find a lawyer for my car accident case.  I met the lawyer at a coffee shop.  I asked him where his office was.  He gave me a business card with the address.  I checked it out on Google Maps and it is an apartment where I guess he lives.  Should I be concerned about that? does

Probably.  It is a stretch to say that a lawyer who works out of his apartment is not competent, but it is not unfair to question whether a lawyer who lives in an apartment and who does not have a traditional office of any type (a) has the experience you need for your case; (b) has been successful handling your type of case; (c) has the economic resources to invest in your case;  and (d) has the support staff necessary to successfully prosecute your case.

There are plenty of lawyers out there who probably charge the same fee as this lawyer but who live and practice law in such a way that you do not have to worry about these issues.  Unless you are willing to do a significant amount of work to check out this lawyer's experience, expertise and financial ability to handle your case, I suggest that you work to find a different lawyer.  

What should you look for in personal injury lawyer?  Read out Legal Guide called "Understanding How to Hire a Lawyer in  Personal Injury and Wrongful Death Cases."

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I was riding my bike on a residential street in Nashville, Tennessee and a dog attacked me.  I know who owns the dog.  I crashed my bike and broke my elbow.  Is the dog owner responsible for what happened? 

Perhaps.  I would need more facts but under Tennessee law dog owners are not supposed to let dogs run at large and are responsible for the harm caused by the dog if the dog is permitted to run at large.

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I was hurt in a wreck caused by a big truck.  I need a personal injury lawyer.  I want a good lawyer, but I am worried about what it will cost. Won't a good lawyer charge more?   

First of all, most Tennessee personal injury lawyers accept personal injury cases on a contingent fee basis, meaning that they only get paid if they win your case.  The fee is a percentage of your total recovery.  The larger the recovery the more the lawyer is paid.  The lower the recovery, the less the lawyer makes.  If your case is not successful you do not have to pay any fee whatsoever.

So, do the better lawyers charge a higher fee?  No.  In fact, my experience is that many lawyers charge a similar fee and some of the worst lawyers actually charge more than the better lawyers.  I believe that when you hire an experienced personal injury lawyer you not only increase the odds of winning your case but you also increase the likelihood of recovering more money.  The lawyer you hire makes a big difference.

How do you select a high-quality personal injury lawyer?  Study our Legal Guide.

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I was involved in a wreck with a big truck. I am now out of the hospital and need to hire a Tennessee personal injury attorney.  I met with a lawyer.  He seemed like he knew what he was doing but he was a jerk and his office was an absolute disaster - I don't know how he can find anything in there.  I am nervous about hiring him, but I am not sure what I should do.

Lawyers are people (really!) and have different personalities. There are some inaccuracies in every generalization, but most lawyers would agree that lawyers who successfully try personal injury and wrongful death cases tend to more aggressive than passive, more self-confident (or perhaps even arrogant) than unusually humble, and better communicators than certain other types of lawyers. Frankly, lawyers who lack self-confidence do not belong in courtrooms.

Thus, before you hire a lawyer you need to meet the lawyer - it was very wise of you to do that.   Do not rely solely on a commercial or a website description of the lawyer or the lawyer’s firm. Sit down and talk with the lawyer, preferably in the lawyer’s office, and try to figure out if (a) the lawyer is the type of person you want to work with during the pendency of your case; and (b) the lawyer is the type of person you want as your advocate before a jury if your case has to be tried.  Use your common sense in making this decision,  remembering that if the lawyer comes off as a jerk to you he will probably come off as a jerk to a judge and jury.

Why do we recommend meeting the lawyer in his or her office? It has nothing to do with the convenience of the lawyer. A lawyer’s office may provide valuable information about the lawyer. Does it appear well-organized? Is it clean? Does it present a professional appearance? Are you treated with respect by other employees of the firm? Does the lawyer meet with you at the appointed time? Is he or she prepared for the meeting? Are you given the opportunity to ask questions? Are those questions answered in language you can understand?

This is not to say that a lawyer needs to have a fancy office in a fancy building to be a good lawyer. Indeed, a fancy office may just be a sign that the lawyer spends money on material things that make it appear that he or she is knowledgeable and successful when the reality is quite different. That being said, the appearance of a lawyer’s office says something about the lawyer.

Many lawyers offer to visit with you at your home or even if the hospital if your circumstances are such that you cannot come to their office. This is often an offer made for your convenience, and should be viewed as such. However, unless you or a trusted loved one has researched the other factors on this list carefully before a home or hospital visit by a lawyer, most lawyers would recommend that you not to hire a lawyer simply because he or she advertises or offers to visit with you at your home or at the hospital.

You should also pay careful attention to whether and how the lawyer explains the law and what he or she will do to investigate your case. Your lawyer should be able to articulate the law to you in words you understand. If the lawyer cannot do so you should understandably question whether he or she will be able to articulate your position before a jury. You should ask the lawyer questions about anything you do not understand, and if the lawyer will not take the time to answer your questions, or does an inadequate job of answering them, you need to be concerned. Communication is a key part of the attorney-client relationship, and a lawyer who cannot communicate effectively at the initial client meeting may have difficulty communicating with you as the case progresses and difficulty communicating with a judge or jury.

You should also be very wary of a lawyer who offers only positive thoughts about your case. This is a difficult thing for some people to understand, but excellent lawyers strive to be objective during their conversations with their clients. That is, the best lawyers understand that it is their job to learn, evaluate and communicate the strengths and weaknesses of every case, and not just tell the client or potential client what they want to hear. Almost every case has a weakness, and the lawyer should be able to articulate those the weaknesses in a case very early based on the information that is available. You want to know about both the strengths and weaknesses of your case because both impact the value of your case. A lawyer who does not discuss case weaknesses either does not recognize them or is afraid of hurting the client’s feelings by having an open and honest discussion about the case. Excellent lawyers know that such conversations are an essential part of the attorney-client relationship, and know how to communicate their concerns without offending the client.

In summary, you want a lawyer who will be your effective advocate, but you also want one who can recognize and appropriate handle any negative aspects of your case. You also want a lawyer to tell you the truth about the positive and negative aspects of your case so that you have a full understanding of what is necessary to win your case and how any negative aspects of the case will affect your ability to do so. Finally, you want a lawyer who has compassion for your situation, the ability to communicate the law to you, and a professional appearance.

Want to learn more about what you should consider when trying to decide who you should hire as a Tennessee personal injury or wrongful death lawyer?  Read out Legal Guide.

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I went to meet with a lawyer about my personal injury case.  He wants my case, but he works all by himself - no assistant, no secretary, and no other lawyer?  Is this something I should consider in determining who to hire as my personal injury lawyer?

Yes.   Lawsuits of any size are a team effort, and each person in the office plays an important role in helping preparing the case and maximizing the recovery for the client. Thus, you should look at the other lawyers and staff in the office and determine whether they can work as a team to help you with your case.

On our larger cases we almost always have two or more lawyers working on every case. Why? Assigning two or more lawyers to every case means that if one lawyer is busy in trial or is out-of-state taking depositions in other cases work can still be done on your case.

Paralegals and other support staff are an important part of the team.  They help the lawyer complete tasks on time and perform many tasks that fall within their training and experience.

All of this is not to say that a lawyer who works alone is a bad lawyer or cannot competently handle your case.  I am only suggesting my experience over 30 years has taught me that a team approach is in the client's best interest and, in fact, I cannot imagine doing high quality, timely work without a group of other professionals helping me every day.

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I am looking for a lawyer and some of them say that they are members of various bar associations.  Is that important?

Many lawyers advertise that they are members of the Tennessee Bar Association, the American Bar Association, and / or their local bar association. Mere membership in these organizations tells consumers virtually nothing about a lawyer’s competence – all one needs to join these organizations is a law license and the money to pay the dues.

However, active membership in a bar association tends to indicate that the lawyer is interested in advancement of his or her profession. This is a relevant factor to be weighed by consumers because at a minimum it indicates a passion for the law. A lawyer who has been active in bar associations will list those activities on his or her website. Those that do not list activities probably have not been active and are probably just dues-paying members.

Membership, particularly active membership in certain other types of bar associations is an important consideration for those who seek to hire a personal injury or wrongful death lawyer. A lawyer who does personal injury or wrongful death litigation on behalf of consumers should be a member of the Tennessee Association of Justice and the American Association of Justice. Once again, these associations have no entrance qualifications other than a law license and the ability to pay dues, but a lawyer who says he or she does personal injury and wrongful death work and does not belong to these organizations is, in my opinion, either not truly committed to protecting the rights of personal injury victims and their families or is too cheap to support the efforts of these organizations.  Neither of these explanations speak well of such a lawyer.

Both of these organizations work with legislators to help keep the courthouse doors open for ordinary people and work to educate their members. If a lawyer who seeks your case does not belong to these groups (both of them, not just one or the other), we respectfully suggest that you not even consider she to be your lawyer. If the lawyer is a member of both groups, then look to see how active she is in the organizations.

Those lawyers that are or have been committee chairs or members of the executive committee of these organizations have demonstrated that they are willing to volunteer their time to preserve the right of citizens to access the court system. Those who are merely members are at least saying that they will pay dues to support the organizations, but are unwilling or unable to make the sacrifice necessary to advance the goals of the groups.

All of the members of Law Offices of John Day P.C. are members of the Tennessee Association for Justice and the American Association for Justice. John A. Day has been President of the TAJ’s predecessor organization and has served on its Board for over 25 years. John has also served on the Executive Committee of AAJ’s predecessor and as Chair of the Council of State Presidents.

Brandon Bass of our office serves on the Board of Governors of TAJ, the Board of Governors of the New Lawyers Division of AAJ, and the Board of Governors of the New Lawyers Division of the Tennessee Bar Association.   Laura Bishop serves on the board of the Lawyers' Association for Women.  Burke Keaty serves on the Legislative Committee of the Tennessee Association for Justice and, along with John and Brandon, was recently honored for work done during the 2011 legislative session.

So, is this a major factor in hiring a lawyer in a personal injury or wrongful death case?  In my mind, it is a disqualifying factor if the lawyer is not a member, but the mere fact of membership has little value.  If it the lawyer is an active member of a relevant bar association, there are other factors that are much more important.  Those factors are discussed in this Legal Guide.

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What does it mean when a lawyer is “board certified?”

A.  Just like doctors can be “board certified” in surgery or pediatrics or a large number of other specialties, lawyers can choose to seek board certification in several different areas in the law.

There are several civil trial certifications available in Tennessee – civil trial specialist, medical malpractice, legal malpractice and family. A civil trial specialist must (a) have a demonstrated level of experience in trying civil cases; (b) pass a written examination  that covers certain aspects of civil law, evidence, and ethics; (c) receive positive recommendations from judges and attorneys that he or she has tried cases against; (d) have a good  disciplinary history.  The attorney applies for civil trial and family trial certification with the National Board of Trial  Advocacy, a division of the National Board of Legal Specialty Certification.  Medical and legal trial certification is available from another group.

If a Tennessee attorney is certified by this group, the attorney must then apply to the Tennessee Commission on Continuing Legal Education and Specialization Commission for certification in Tennessee.   The Tennessee Commission imposes additional requirements, including professional liability insurance and client recommendations. 

Lawyers certified in civil trial practice must be re-certified every five years.

A lawyer who has attained board certification has demonstrated that they meet or exceed the requirements for certification.  Many lawyers do not have sufficient trial experience to become certified as civil trial specialists.  Others may not be able to pass the examination or gain appropriate recommendations.   Others may have had past ethics complaints that prohibit them from becoming certified.  

In short, board certification is one way a consumer can get a solid idea of the lawyer’s experience, competence, and standing in the legal community. There are other ways to learn this information, as explained in this Legal Guide.

I am very proud of the fact that I earned my certification as a civil trial specialist almost 20 years ago and, in fact, have served as President of the National Board of Trial Advocacy,  the national organization that administers the certification program used in Tennessee.  I have also served as Chairman of the Tennessee commission that monitors board certification in our state. 

I think you will find that most board-certified lawyers actually charge the same fees as non-certified lawyers and, indeed, some of us charge even less than some non-certified lawyers.  Why pay more - or even the same amount - for someone who does not have the demonstrated knowledge, experience and ethical principles as is required for a certified civil trial specialist?

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I was hurt in a car wreck and need to hire a Tennessee personal injury attorney.  I came across this thing called AVVO.  They have a rating system for lawyers.   Should the AVVO rating system have any impact on who I hire as my lawyer?

It should have some influence, but not necessarily in the way that you think.  

AVVO is about 2 years old.  It claims to have established a brief profile for every lawyer.  A lawyer "claims" his or her own profile and adds data.  AVVO then establishes a rating for the lawyer based on certain criteria it developed.   A lawyer does have to pay to appear on the site, although some lawyers pay to have ads placed on the site.  However, the basic placement (like mine, shown here) is free. The lawyers listed to the right of my profile paid to be appear on the page, although they too have a free profile.

I would be very leery of any lawyer who had ten or more years experience and did not have at least a "9" ranking.   The rankings are not hard to get.   As far as I can tell, it is much easier to get a high ranking on AVVO than it is to get the peer-reviewed rankings from Martindale.

More importantly, a single good ranking should not be be the sole or even a major factor in your decision (although as stated above if the ranking is low it should be a red flag).  Here is a list of the factors I think you should consider in making this important decision.

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I was looking on the Internet for a personal injury  lawyer and I see some lawyers say that they are members of the "American Association for Justice."   What does that mean?

The American Association for Justice is a voluntary, national bar association that is made up of lawyers who tend to represent persons who were hurt in car wrecks,  hurt by defective problems, or hurt by poor medical care.   The state affiliate of the national group is the Tennessee Association for Justice.  Like the  Tennessee Bar Association, the American Bar Association, and  various other "associations," ,ere membership in these organizations tells consumers virtually nothing about a lawyer’s competence – all one needs to join these organizations is a law license and the money to pay the dues.

However, active membership in a bar association tends to indicate that the lawyer is interested in advancement of his or her profession. This is a relevant factor to be weighed by consumers because it indicates a passion for the law. A lawyer who has been active in bar associations will list those activities on his or her website. Those that do not list activities probably have not been active and are probably just dues-paying members.

Membership, particularly active membership in certain other types of bar associations is an important consideration for those who seek to hire a personal injury or wrongful death lawyer. Those of serve in positions of leadership (such as an officer) in such associations have demonstrated their commitment to protecting the rights of personal injury victims.

A lawyer who does personal injury or wrongful death litigation on behalf of consumers should be a member of the Tennessee Association for Justice and the American Association for Justice. Once again, these associations have no entrance qualifications other than a law license and the ability to pay dues, but a lawyer who says he or she does personal injury and wrongful death work and does not belong to these organizations is, in my opinion, either not truly committed to protecting the rights of personal injury victims and their families or is too cheap to support the efforts of these organizations.

Both of these organizations work with legislators to help keep the courthouse doors open for ordinary people and work to educate their members. If a lawyer who seeks your case does not belong to these groups (both of them, not just one or the other), I respectfully suggest that you not even consider he or she to be your lawyer. If the lawyer is a member of both groups, then look to see how active he or she is in the organizations.

Those lawyers that are or have been committee chairs or members of the executive committee of these organizations have demonstrated that they are willing to volunteer their time to preserve the right of citizens to access the court system. Those who are merely members are at least saying that they will pay dues to support the organizations, but are unwilling or unable to make the sacrifice necessary to advance the goals of the groups.

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I was hurt in a car wreck.  How do I find the best lawyer to help me with my case? 

We have written a guide to help you understand the factors you should consider in determining who you should hire as a personal injury lawyer.  Read it here.

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I was hurt in a car wreck in Tennessee.  How do I find the best lawyer to represent me in my case?

We have written a guide that provides an extensive list of factors that you should consider when deciding what lawyer to hire for your  personal injury case.   We believe that you will find it very helpful in finding a lawyer who help you get the best result for your case.

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I was hurt in a car wreck about a year ago.  I hired a lawyer and signed an agreement to pay him on a contingent fee.  Now, he wants me to sign a new agreement.  What should I do?

Is there a difference in the terms of the agreement?   Is the difference material?  

Technically speaking, your lawyer must complete the job he was hired to do under the terms of the original agreement.  However, sometimes circumstances can change and it your lawyer may seek to re-negotiate the agreement.  Whether you should agree depends on the circumstances.

For instance, you should rarely agree to give your lawyer a greater contingency fee that he originally agreed to accept.  I say "rarely" because it is possible that there are circumstances that would justify a change in the fee agreement, but those are very rare.

If you are uncomfortable with changing the agreement, seek the advice of another lawyer.  The charge for such advice will be minimal, and it may save you lots of time and money in the long run.

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What is the significance of Martindale ratings in determining what lawyer to hire in a personal injury or wrongful death case?

The Martindale publication has been around for many decades and assigns ratings to law firms and lawyers based on votes cast by other lawyers in the community.   

Law Offices of John Day P.C. is recognized by Martindale  as a Preeminent Law Firm. John  Day earned an AV rating, the highest rating available, in 1993 at the age of 36 and held that rating for over 17 years. The rating system has now changed and John’s rating is “Preeminent,” with a rating of 5.0 out of 5.0, the highest possible rating.  Brandon Bass, another lawyer in the firm, also has a rating of "Preeminent," with a rating of 4.9.

Once again, the legal rating system is subjective. It is (and should be) very difficult for younger lawyers to get high ratings. Nevertheless, these ratings are another factor you should consider in determining which personal injury lawyer you should hire because a lawyer's rating gives you some indication of the reputation the lawyer has in the legal community.

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I was involved in a wreck with a big truck. I know I need a lawyer but I don't know what lawyer to hire.   What are the factors I should consider in hiring a personal injury lawyer?

I suggest that you look our Legal Guide titled "How To Hire A Personal Injury or Wrongful Death Lawyer."

This Legal Guide is a very comprehensive list of factors that lawyers consider in determining which lawyers they should seek out when they need assistance with a complex personal injury or wrongful death case. We think that you will find this Legal Guide very helpful. 

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I was involved in a wreck with a big truck.  I know I need a lawyer but I don't know what lawyer to hire?  What are the factors I should consider in hiring a personal injury lawyer? 

I suggest that you look our Legal Guide titled "How To Hire A Personal Injury or Wrongful Death Lawyer."

This Legal Guide is a very comprehensive list of factors that lawyers consider in determining which lawyers they should seek out when they need assistance with a complex personal injury or wrongful death case.  We think that you will find this Legal Guide very helpful.

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I was hurt in wreck with a truck.   I talked to a lawyer and she sent me a proposed contingency fee agreement.  The agreement says that I have to pay the expenses she incurs in prosecuting my case and that interest accrues on the expense money.  Is that normal?

It is normal for a lawyer handling a contingency fee case to ask the client to re-pay the lawyer for the money spent on case expenses out of any settlement achieved in the case.  It  is not normal, however, for lawyers to charge interest on the expense money they advance for case expenses, although it seems like more and more lawyers are doing so.   

The lawyers who charge interest may have a contract with a private company that charges them interest, and then they pass the interest that they pay while the case is pending onto you as their client.  The interest rate may be very high – much higher than the “prime rate.”  The lawyer does not profit from this arrangement, but simply passes the cost of the interest on to you.  Sometimes there are additional fees associated with this service that are passed on to you.

There is nothing illegal or unethical about this practice so long as it is adequately disclosed to the client at the time the lawyer is hired.  However, it does increase the cost of legal services and is one factor you should take into account in determining what lawyer to hire for your personal injury or wrongful death case.  If a lawyer wants to charge you interest, make sure you ask what the interest rate is and how it is calculated.  Sometimes the “APR” (annual percentage rate) is much higher than the quoted rate because certain fees are tacked on to each expenditure.  

Therefore, before you agree to hire a lawyer who wants to charge you interest on case expensses, make sure you ask the following:   (a) is a fee imposed for opening my file; (b) is there an origination  fee (in addition to interest) that is imposed on each expense item ; (c) what is the interest rate I will have to pay; and (d) what is the APR; and (e) what is the amount of interest and other fees you (the lawyer) expect that I will have to pay in this case?  Also, ask the lawyer if she will provide you with a monthly statement of the expenses incurred and the interest and other fees that you will be expected to pay.

Our firm has never charged a client one penny of interest.   We believe that the contingent fee we charge adequately pays us for our professional service and for advancing case costs on behalf of a client    Thus, our clients avoid the extra expense of interest on case expenses.

So, the question you have to ask yourself is this:  why should I pay interest when there are other fully qualified  lawyers who are willing to handle my case without charging me interest?

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 I am sure my case is going to settle soon. Can my lawyer lend me money toward the settlement I know I am going to receive?  I have lots of bills and the lawyer has said he will help me with some of those bills and I can pay him back out of my settlement?

No.  In Tennessee it is unethical for a lawyer to loan you money while he  is representing you in a case.    

Many personal injury victims have problems keeping body and soul together while their personal injury case is pending.  Many lawyers feel bad for the client and want to help them.  Indeed, from time to time we hear rumors of some lawyers actually offering potential clients money to persuade the client to employ them to handle their case.

Regardless of the motive of the lawyer, giving or loaning a client or potential client money is wrong.  A lawyer who promises to do so or actually does so should be reported to the Tennessee Board of Professional Responsibility at 800.486.5714.

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Do lawyers in Tennessee have to purchase legal malpractice insurance?

No.  There is no requirement that lawyers in Tennessee have legal malpractice insurance.

However, responsible lawyers purchase malpractice insurance to protect their clients from losing money in the event that the lawyer makes an error.  Lawyers are human (believe it or not!) and, like anyone else, they make errors.  Most of those errors do not result in any demonstrable loss to their clients, but from time to time losses occur.  In those cases, malpractice insurance is there to protect the client from financial harm.

Feel free to ask any lawyer that you intend to hire whether they carry malpractice insurance.  If the lawyer tells you that  he or she does not have insurance, you should give that answer serious consideration before hiring that lawyer.

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I believe that I am a victim of malpractice by a doctor, but no lawyer will take my case.  Why not? 

There are several possibilities.

First, there are relatively few lawyers in the state that represent medical malpractice victims.  In fact, my guess is that far less than one percent of lawyers regularly handle medical malpractice cases for patients.  Therefore, you may be asking the wrong lawyers.

Second, you may not have a valid case.  The mere fact that a person is injured during medical care or has an undesirable outcome does not mean that malpractice has been committed.  Experienced medical malpractice lawyers do a good job evaluating cases without doing a full investigation of those cases.

Third, your case may have merit but you may not have sufficient losses such that a lawyer can afford to represent you on a contingent fee basis.  The time and expense of handling medical malpractice cases is so substantial that, as a practical matter, only those people who have suffered very serious injuries or death can be helped by a lawyer.  This is a tragedy but it is also an economic reality.    Tennessee imposes a heavier burden on people who sue health care providers than is imposed on any other type of litigation.

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 I think I have a medical malpractice claim in Tennessee. I live in Tennessee and the malpractice occurred in Tennessee.  Can I hire an out-of-state lawyer to represent me in this case?

Yes, although the out-of-state lawyer must either have a Tennessee law license or must work with a Tennessee lawyer on the case.

The more important question is why would you hire an out-of-state lawyer to represent you?  There is a real advantage to hiring a lawyer who is familiar with Tennessee law (the law of every state is a little different, and Tennessee has some very unusual aspects to its medical malpractice law) and who knows the way our legal system works.   There are some very good medical malpractice lawyers in this state who have experience in a wide variety of medical malpractice cases, and thus it rarely makes sense to go to the trouble of finding an out-of-state lawyer to work on a case.  

If you hire an out-of-state lawyer read the employment agreement carefully and see if you bear the responsibility for travel expenses.  There tends to be a significant number of hearings and depositions in medical malpractice cases, and if you are responsible for those expenses your recovery in the case, if any,  will be decreased.

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I hired a Tennessee personal injury lawyer to represent me in a car wreck. She said she was going to charge a one-third contingent fee and the fee agreement says just that.  The case did not settle and she says she wants to charge forty percent of the recovery since she has to prepare for trial.  Can she do that?

No, not unless the contingency fee agreement says that she can charge more in the event the case goes to trial.  If the agreement is silent on this issue, she can charge you more than one-third only if you agree to revise the contract.  

If the contract does give her the right to charge more if the case is tried but the higher amount is not specified she can only charge a reasonable fee.  Whether forty percent is a reasonable fee depends on the circumstances.

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I have a personal injury case pending in state court in Tennessee. I just had to file bankruptcy.  I listed my personal injury case as an asset on my bankruptcy filing.  My bankruptcy lawyer says that the bankruptcy trustee will now control my case.  Will my personal injury lawyer still get paid?

Your personal injury lawyer will have to file a motion with the bankruptcy court asking for permission to continue to represent you in the state court action.  He or she will also have to seek permission to charge the fee (probably contingent fee) that you agreed to pay.  If the bankruptcy court approves these requests, the case will continue and if it is successful your lawyer will be paid.  Any settlement of the case will have to receive approval of the bankruptcy court.

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I was talking to a lawyer about my potential case the other day and he mentioned that he had malpractice insurance.   What does that mean?

That means that the lawyer has purchased insurance that protects his clients from financial loss in the event that he commits an error that causes a loss.   If the lawyer is alleged to have made an error that hurts a client and gets sued as a result, the lawyer's malpractice insurer company will hire a lawyer to defend its insured and pay any judgment against the insured up to the amount of the insurance.

Responsible lawyers carry malpractice insurance even though there is no law or court rule in Tennessee that requires lawyers to purchase such insurance.  Indeed, I would be very wary of hiring a lawyer who did not carry malpractice insurance.  The fact that a lawyer has insurance means he cares enough about his clients to try to protect them from the consequences of an error.

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I have a pending personal injury case.  My lawyer is often on the phone when I call and my call is forwarded to her paralegal.  I don't want to talk to the paralegal - I want to talk to my lawyer. The paralegal is helpful and can usually my question, but I would rather speak to the person I hired.  What should I do?

You didn't hire a lawyer, you hired a law firm.  In our firm a team of people works together to help every client.  The paralegal is an important part of the team.

Our law firm's paralegals are very involved in the case.  They help us communicate with clients and do many other important tasks.

Lawyers - especially very good lawyers - tend to be very busy.  Getting a lawyer on the phone is difficult because he or she spends a significant amount of each day on the phone helping clients.  That is why our firm and other firms hire and train good paralegals on how to respond to most client questions - we want our clients to have their concerns addressed promptly and not have to wait for the lawyer to have time to be able to return the call.

My guess is that the paralegal you are speaking to has been trained to seek the knowledge of the lawyer if you ask a question that he or she does not know the answer to.  Thus, I recommend that you continue to talk with the paralegal and appreciate the fact that the lawyer cares enough about her clients that she employs and trains good people to assist her in representing you.

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Will my lawyer charge me if I send him an email?

It depends.   What does your fee agreement with the lawyer provide?  If your lawyer is charging you by the hour, he will probably charge you for reading a substantive email.  If he is charging you a flat fee for a given project, he will probably not charge you extra for reading an email related to that project.  

If you have hired a lawyer on a contingent fee, he will not charge you for reading an email because his fee is based on the results he obtains for you, not on the time invested in your case.

We frequently correspond with clients by email and find that it increases our ability to provide prompt service.  

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I was in a bar minding my own business when some idiot wanted to start a fight.  I ignored him for a while but then went to the bar and told the bartender that they needed to throw the drunken idiot out before someone got hurt.  When I went to the bathroom about an hour later the same guy and his friend jumped me and beat me up.  The idiots who hit me are going to jail but can I sue the bar where this happened?   My medical bills are more than $50,000 and I missed three months of work.

You may well have a claim against the bar.  You have to prove that the bar had notice of the dangerous propensities of the customer who hit you and failed to take reasonable steps to protect you and the other patrons.

An experienced lawyer will need to investigate this matter before he or she can tell you whether you have a good case. 

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I have hired a lawyer to represent me in a lawsuit.   Can she charge me for time she travels while working on my case?

It depends on the fee agreement the two of you entered when she started working for you.  

In personal injury and wrongful death cases, most attorneys work on a contingent fee basis.  If you have a lawyer working on a contingent fee, it would be highly unusual for the agreement to provide that the lawyer is  paid extra for travel time.  Travel expenses are usually provided for in a contingent fee agreement, but travel time is usually part of the contingent fee and no extra charge for traveling is assessed.  (Read this post for information on travel expenses.)

If you hired a lawyer by the hour, it is not unusual for the lawyer to be paid for travel time.  Lawyers who work by the hour are selling not only their knowledge but also their time, and time spent traveling on behalf of a client is time that they cannot be working for another client.

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I was driving to work in Franklin, Tennessee.  A police car driven by an officer who was on-duty ran a red light and hit my car.  I had to go to the hospital in an ambulance and spent three days in the hospital.  Can I sue the police officer?

No, you cannot sue the police officer.  Tennessee law does not permit you to sue a government employee who negligently caused an automobile wreck while he or she was on-duty.

However, you can sue the governmental entity that employed  the police officer, and it is responsible for the harm caused by the police officer if he or she is found to be negligent.  There are special laws that limit the liability of governmental entities that cause harm to their citizens in automobile wrecks and other types of personal injury cases, but an experienced personal injury lawyer can guide you through this process.

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I am looking for a personal injury lawyer and have noticed that many personal injury law firms have blogs that report big verdicts.  They must be pretty good lawyers to get such good results.  Do you think they will take my case?

Be careful.  Read the blog post over very carefully.  Many of these posts are written by lawyers who had absolutely nothing to do with the case.  Instead, they are simply writing about cases handled by other lawyers.  The purpose of these posts is to make you think that they handled the case and that they have the ability to get significant jury verdicts or settlements for you.

This is a disgusting practice that I find to be misleading.  Lawyers who have to blog about the results obtained by other lawyers without making it clear that they had nothing to do with the case are not the type of lawyer you should hire.  Although their behavior is not as scummy as  lawyers that call accident victims they don't know and solicit cases, their behavior is beneath that which we have a right to expect of lawyers.

So, how should you determine who to hire in a personal injury case?  Read our Legal Guide - "Understanding How to Hire a Lawyer in a Personal Injury and Wrongful Death Cases."

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I was hurt when I fell in on a slippery floor in a grocery store.   I broke my right leg.  I missed ten weeks of work on my construction job.  My lawyer says that we need a statement from my employer stating that I missed ten weeks of work and indicating how much money I would have made had I worked.   Why is that necessary?  I don't want to hassle my boss with this.

Insurance companies need documentation to evaluate personal injury cases because some people don't tell the truth about what happened to them or how the injuries they suffered cost them money.    The claims adjuster for the insurance company has to make sure that his or her file demonstrates that they did a good job gathering evidence to properly evaluate the claim.  This includes seeking information from other people, like your boss, to back up what you say.

I am sure that you are telling the truth about the time you missed from work.  The insurance adjuster may think you are, too.  But the adjuster needs to be able to prove to his or her boss that your claim was thoroughly and properly evaluated, and that is why documentation is necessary.  The files of insurance adjusters are evaluated from time-to-time by auditors to make sure that they are not handing out the company's money without good reason, and thus the insurance adjusters want to make sure that their files reflect a reasonable basis for the decision they made to settle the claim.

An experienced personal injury lawyer should help you get this from your boss.

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I was hurt in a car wreck.  I missed two weeks of work and have a bunch of medical bills.  I think I need to talk to a lawyer about my rights but I don't have money to pay my mortgage much less pay a lawyer. What  do you charge for meeting with me?

Our firm does not charge clients with potential personal injury cases for an initial meeting or for any investigation we do to determine if we can accept representation.  

If we are able to represent you, we are willing to work on a contingent fee, which means that we are only paid if we are able to collect money on your behalf.  The financial arrangements are discussed in detail at our initial meeting and are reduced to a written fee agreement.  

Occasionally we are asked to accept personal injury cases on an hourly basis.  We are willing to do so under the same conditions that we have when we do hourly work.  In other words, we ask for some amount of money "up front" to place on deposit toward future fees and expenses and then send a bill to our client each month.  Payment of this bill is due on receipt.

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I am looking for a personal injury lawyer and see that a few lawyers are included on the "Best Lawyers" list.  What does that mean?

“Best Lawyers” is a national organization that recognizes outstanding lawyers in each state in a large number of legal specialties. Best Lawyers compiles lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. In the U.S., Best Lawyers publishes an annual referral guide, The Best Lawyers in America, which includes 39,766 attorneys in 80 practice areas, covering all 50 states and the District of Columbia. This publication is one way you can determine if the lawyer who you are thinking about hiring is respected by his or her peers.  You can read more about the selection process here.

I am honored to have  been listed in Best Lawyers in America every year since 1993, when I was 36 years old.

The Best Lawyers organization has recently started to select "Lawyers of the Year."  Here is a description of the criteria:

The lawyers being honored as “Lawyers of the Year” were selected because they received particularly high ratings from most of their peers. In some cases, they also received particularly effusive comments from some of those same peers. The selected lawyers have earned a high level of respect among other leading lawyers in the same communities and the same practice areas for their abilities, their professionalism, and their integrity. 

I was recognized as the Best Lawyers as “Personal Injury Lawyer of the Year” in Nashville in 2009 and the “Medical Malpractice Lawyer of the Year” in Nashville in 2010.

There are some fine lawyers who are not included on these lists. Nevertheless, it is fair to say that the "Best Lawyers" list is yet another way for a consumer to gauge the reputation of a lawyer in the legal community.

Do you want more information on what factors you should consider as you decide who  to hire as your personal injury or wrongful death lawyer? Read here.

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I was in a car wreck last week.  I was hurt pretty bad.  I got home from the hospital last night and a lawyer called me and said that he wanted to represent me in my case.  I have no idea who this guy is or how he got my name and telephone number.  Nobody in my family has ever heard of him.  Can he call me like this?  Should I hire him?  He said he could get me a lot of money.

This lawyer is a scumbag - not only should you not hire him but you should report him to the Tennessee Board of Professional Responsibility.  Rule 7.3(a) of the Rules of Professional Conduct says this about soliciting a potential client by telephone:  "(a) If a significant motive for the solicitation is the lawyer’s pecuniary gain, a lawyer shall not solicit professional employment by in-person, live telephone, or real-time electronic contact from a prospective client who has not initiated the contact with the lawyer and with whom the lawyer has no family or prior professional relationship."  The Comment to the rule explains why is exists:

[1] There is a potential for abuse inherent in direct in-person or live telephone contact by a lawyer with a prospective client known to need legal services. These forms of contact between a lawyer and a specifically targeted recipient subject the layperson to the private importuning of the trained advocate in a direct interpersonal encounter. The prospective client, who may already feel overwhelmed by the circumstances giving rise to the need for legal services, may find it difficult fully to evaluate all available alternatives with reasoned judgment and appropriate self-interest in the face of the lawyer’s presence and insistence upon being retained immediately. The situation is fraught with the possibility of undue influence, intimidation, and overreaching.

A lawyer who engages in this conduct is subject to various types of discipline and, in fact, risks loss of his or her license to practice law.

So, why should you care?  I mean, you just need a lawyer, and if the lawyer has undertaken the initiative to seek you out, didn't that just make your job easier?

Here is why you should care.  Every law student is taught that this lawyer cannot do what he did. The prohibition is reinforced in legal seminars for practicing lawyers.  So, you have to ask yourself these questions:  If a lawyer is willing to violate the rules of the profession to get my case, why should I believe that he will follow other rules that are designed to protect my interests?  Why should I believe that he will honestly communicate with me?   Why should I assume that a cheater will only cheat once?   Why should I take the risk that he might cheat me?  Why should I take the risk that he might try to cheat my opponent, get caught and hurt my case?

So, don't hire a lawyer who calls you out of nowhere trying to solicit your case.  Instead, read our legal guide "Understanding How to Hire a Lawyer in Personal Injury and Wrongful Death Cases" to learn about the factors you should consider in determining what lawyer to hire for your case.

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I was hurt in a boating accident.   It was the other guy's fault.  The doctor said that as I result of my injuries I might need knee surgery one day.  Can I recover damages for the cost of that surgery?

You can recover damages for a future surgery only if a doctor says it is reasonably likely to occur.  If the surgery is merely possible or might happen, the law of Tennessee does not permit you to ask a judge or jury to award damages for the cost of that surgery.

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I was in a car wreck about 6 months ago.  The other driver admitted fault.  My medical bills are about $25,000.   I have been released by my doctor.  My lost wages are $2000.   How quickly will my case settle?

At the outset you need to understand that your case may not settle at all.  In Tennessee the insurance company does not have a duty to settle your case and in fact does not even owe you a duty to fairly evaluate your case.    It can settle a case, or not settle a case, on whatever schedule it wants to put in place.

However,  if the insurance company wants to settle the case it needs to have information from your lawyer.  At an absolute minimum, the company needs the accident report, your medical records and bills, perhaps some of your previous medical records, proof of lost wages from your employer, and an understanding of how the injuries have impacted your life.  To the extent you claim a permanent injury, future medical expenses, future loss of earning capacity, or other damages, the insurance company will need proof of that.

Lawyers communicate this information by way of a settlement demand.   All of the relevant information is gathered and the important information is highlighted in a letter.  In our office we attempt to gather all of this information before your are released from your doctor (except the final office note) and have a demand package ready to go to the insurance company within thirty days of when medical treatment is complete.  Lack of cooperation from one of the providers of information will affect our ability to get the demand package out on time.

Insurance companies always ask for more time to evaluate the demand package.  Then, the negotiations start and those can last several weeks even if everyone agrees that the case should be settled.

So, the short answer to your question is there are too many variables to say if your case will be settled and how quickly it will be settled.   It is fair to say that a case cannot settle if your attorney does not promptly gather and exchange information with the insurance company.  This is yet another reason to hire an experienced personal injury lawyer who will aggressively pursue your rights.

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I was hurt in a car accident early last year and hired a lawyer to help me with my case against the other driver.  The case has been pending for over a year.  There doesn't seem to be anything going on.  My lawyer said that there would be depositions but they haven't occurred yet.  We do not have a trial date.  I have been calling the lawyer to find out what is going on but despite 5 calls in the last two months I have not gotten a response.   What is going on?   What should I do?

There may be a legitimate reason why depositions have not been taken if your lawsuit has been pending a year, but absent very unusual circumstances depositions of the plaintiff and defendant in a two-vehicle car wreck case should be taken within six months after the case has been filed unless they have been deliberately put on hold pending settlement discussions.  However, if this is your lawyer's plan, he or she should communicate that plan to you so that you know what is going on.

Likewise, there is no excuse for a lawyer (or someone on the lawyer's behalf) not to return a phone call within one business day.   If a lawyer is out of town or in a trial he or she may not be able to get back with you promptly, but should have an assistant call you and advise you of that fact.

I suggest that you make an appointment to meet with your lawyer and express your concerns in person.   If the lawyer doesn't meet with you or does not respond appropriately to your concerns, you need to find a new lawyer.

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I was in a tractor-trailer wreck a couple weeks ago and spent five days in the hospital.  When I got out of the hospital I went on the Internet to see if there was any news articles about my case.  I found that two lawyers had written about my wreck on their law firm blog.  Why did they do that?

They wrote the blog post about your wreck  in the hope that you would find it and hire them.  That is the sole reason that the posts were written - marketing, plain and simple.

There is nothing unethical about this type of blogging.  I have never engaged in the practice, even though I have been blogging for over five years and written over 2000 blog posts, because my idea of a blog is that it is a place to share information and help educate people.  

Don't get me wrong.  I hope that people will read what they find here and reach that conclusion that I am lawyer who they should interview if they have a personal injury or wrongful death case of any type in Tennessee or live in Tennessee and were injured or lost a loved one as a result of another's negligence anywhere else in the world.  But I have simply never seen what public good is served by writing blog posts that share no relevant information whatsoever and are written solely to troll for cases.  Different strokes for different folks, I guess.

I recently read a newspaper article about a tragedy suffered by a local family.  It was the type of case I happen to know something about because of my experience in other cases.  I confess it crossed my mind to write a blog post about it in the hopes that the family would see it and call me.  I quickly decided not to do so - it just seemed tacky to me.  Oddly enough, two weeks later the family called and asked me for help.  

I am not saying that the lawyers who sought your case by blogging about it are bad lawyers. I do suggest, however, that before you hire any lawyer in a personal injury or wrongful death case you read our Legal Guide titled "Understanding How to Hire a Lawyer in Personal Injury and Wrongful Death Cases."   This guide will give you a long list of factors to consider in hiring a lawyer.   Not one of these factors includes whether the lawyer sought to get your case by writing a blog post about it.

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I talked to a lawyer about a personal injury case.  He has a sign on his wall that says that he is a member of the Tennessee Bar Association.  What does that mean?

That means he almost certainly has a law license and the money to pay the dues.  Not much more.

Don't get me wrong.  I am a proud member of the Tennessee Bar Association.  I have been a member for almost 29 years.  They do wonderful work and, in my opinion, every lawyer in Tennessee who can possibly afford it should be a member.

But the only requirements to be a member of the Tennessee Bar Association and virtually all of the other voluntary bar associations in Tennessee are a Tennessee law license, money for dues, and a heartbeat.  That's it.

Now, what may be relevant is whether the lawyer ever played a leadership role in a bar association. Leadership roles mean that the lawyer is willing to give time and usually money to support the efforts of the association, and those efforts are relatively rare and worthy of some consideration. But mere membership?  Let me put it this way:  the absence of membership should be a negative factor, but the fact of membership and membership alone should bear no weight whatsoever is trying to determine who to hire as a personal injury lawyer.

What to learn more about what really counts in determining which lawyer to hire for a personal injury or wrongful death case in Tennessee?  Read this.

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My brother got killed in a car wreck.  Can I file a wrongful death lawsuit for him?

You can file a wrongful death lawsuit for your brother under only limited circumstances.  First, if you are named the executor of his will you have the right to file suit.  Second, if the court names you the administrator of your brother's estate you will have the right to file suit.  Third, if you brother was not married, had no children, and your parents are dead you would be considered "next of kin" and you would have a right to file suit.  

The right to file suit is different from the right to control the litigation. For instance, if your brother was married and his wife is competent, it is very possible that a court would let your sister-in-law control the lawsuit even if you were named executor of your brother's estate.

The right to file suit is different than the right to receive any money that results from a wrongful death lawsuit.  For example, under Tennessee law, a sibling will receive proceeds from a wrongful death lawsuit only if the decedent was unmarried, had no children and was predeceased by his parents.

All of this can get a little complicated.  An lawyer who has experience with wrongful death claims can guide you through the process.  Under Tennessee law, you should assume that a wrongful death claim must be filed within one year of the date of the injury that later results in death unless and until a lawyer familiar with all of the facts tells you that you have more time.

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 I was hurt in a car accident. I talked to a lawyer and he sent me a proposed contingency fee agreement.  The agreement says that I have to pay the expenses he incurs in prosecuting my case and that interest accrues on the expense money.  Is that normal?

It is normal for a lawyer handling a contingency fee case to ask the client to re-pay the lawyer for the money spent on case expenses out of any settlement achieved in the case.  It  is not normal, however, for lawyers to charge interest on the expense money they advance for case expenses, although it seems like more and more lawyers are charging interest.    

The lawyers who charge interest may have a contract with a private company that charges them interest, and then they pass the interest that they pay while the case is pending onto you as their client.  The interest rate may be very high – much higher than the “prime rate.”  The lawyer does not profit from this, but simply passes the cost of the interest on to you.  Sometimes there are additional fees associated with this service that are passed on to you.

There is nothing illegal or unethical about this practice.  However, it does increase the cost of legal services and is one factor you should take into account in determining what lawyer to hire for your personal injury or wrongful death case.  If a lawyer wants to charge you interest, make sure you ask what the interest rate is and how it is calculated.  Sometimes the “APR” (annual percentage rate) is much higher than the quoted rate.    

Our firm has never charged a client one penny of interest.   We believe that the contingent fee we charge adequately pays us for our professional service and for advancing case costs on behalf of a client.   

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My lawyer just settled my personal injury case.   At the time the lawyer distributed my share of the money to me, he withheld $322.56 for airfare and $150 for a hotel bill.   When I asked him what those expenses were for he said he had to travel to New Orleans to take the deposition of a witness  in the case.   Can he do that?

Yes, if the fee agreement that you signed provides that he is to be reimbursed for out-of-pocket expenses incurred in connection with the case.  That type of provision is part of the typical fee agreement in personal injury cases and therefore I would not be surprised if the fee agreement you signed contained that provision.   Your lawyer will give you a copy of your fee agreement if you cannot find the your copy.

Of course, the expenses incurred should be reasonable.   What is reasonable?   A Motel 6 is on the cheap end and a Ritz Carlton is usually too expensive.   Something in the middle should do nicely.   Most attorneys do not asked to be reimbursed for first-class air travel, although some may do so for international flights or cross-country flights.   You shouldn't expect that your lawyer is going to eat at Taco Bell, but you should not be asked to pick up the tab for a big meal and expensive wine at a five-star restaurant.

If you have a problem with the expenses the lawyer charges simply ask about it.    I think you will find that most lawyers will be happy to fully explain all charges and will bend over backwards to treat you fairly.

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I was in a trucking accident some time ago and was badly hurt.   I went to see a lawyer based on the recommendation of a friend at church.  I don't mean to be rude but the lawyer's office was a disaster.  The carpet was nasty, the place smelled like cigarettes, there were papers and books everywhere, and there was dust everywhere.  The lawyer was eager to represent me and said he would work on a contingent fee, but said I would have to pay the fee to file the case in court.  Is that normal?   Should I be concerned at the look of the office?
 

First, it is not normal for a personal injury lawyer to ask the client to pay court costs or any of the other costs of litigation.  Most lawyers in this type of case advance those costs, especially for people of low or moderate incomes,  and you are appropriately wary of a lawyer who asks you to advance those costs.

That request, and the condition of the office, may indicate that the lawyer is having some financial issues.  (Of course, it may just mean he is a cheap slob.)   The financial condition of the lawyer you hire is important, because the lawyer must have adequate resources to finance your case and work without pay while the case is pending.   A lawyer who cannot afford to finance the case may hire poor quality experts or not do things necessary to put your case forward in the best way,  all of which can hurt your ability to recover the true value of your case.   Likewise, a lawyer who is short on capital may recommend that you settle your case for a lesser amount than its true value to ensure that he gets paid for the work he has done.

Of course, this doesn't mean that a lawyer who drives a $100,000 Mercedes and has a fancy office in a big office building in a major city is the best choice for a lawyer.  Lawyers are just like everyone else, and lawyers who surround themselves with expensive things may well be purchasing or leasing things that they can't afford.    A $1200 suit may be owned by a man who can afford it, or it can be worn by a man who is trying to make you think he can.

So what do you do?   Hire a lawyer based on his or her reputation in the legal community and not just the recommendation of a friend.  The reputation of a lawyer in the legal community will not be largely influenced by how they look or what their office looks like but instead will be based on how the legal community believes that lawyer serves clients.  How do you determine the lawyer's reputation?   Review our Legal Guide to Understanding How to Hire a Lawyer in a Personal Injury or Wrongful Death Case for the answer to that question and a list of the other factors you should consider.

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I live in South Carolina but was injured in a wreck with a big truck on Interstate 40 right outside of Nashville.  Do I need a Tennessee lawyer?

You will almost certainly need a Tennessee lawyer.  A South Carolina lawyer will probably not be familiar with Tennessee law and will not be able to file a lawsuit here.  Quite candidly, an experienced personal injury lawyer from  South Carolina would probably be able to negotiate a settlement for you, but once again may be hampered by a lack of knowledge of Tennessee law and procedure that could impact the value received at settlement.

If your hire a South Carolina lawyer he or she will probably ask the assistance of a Tennessee lawyer to help him or her with the case.  I have helped lawyers from dozens of states in this situation, and it works quite well if the out-of-state lawyer calls us early enough to protect your rights.   Tennessee law requires that such cases be filed within one year of the date of accident and, unfortunately, several times a year I get a call from an out-of-state lawyer who missed the one year deadline.

So, you can hire a lawyer back home or you can hire a Tennessee lawyer from the outset.  We recommend that you read our Legal Guide "Understanding How to Hire a Lawyer in Personal Injury and Wrongful Death Cases" before you hire a lawyer in either state.

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I just settled my personal injury case.  We were a week away from trial when we settled.  When I got my money there was $5432 deducted for court reporter fees.  What are they and why did I have to pay it?

The typical  fee agreement in personal injury and wrongful death cases requires that the client reimburse the lawyer for out-of-pocket litigation-related expenses.  Many times, the most significant of these expenses are fees paid to court reporters.

Court reporters don't just write down and transcribe testimony in court.  They also write down and transcribe the testimony of witnesses and parties during the discovery phase of a lawsuit.  There is usually a court reporter at each deposition, and they charge not only for being present but also for writing down and transcribing testimony.  In Nashville, a court reporter charges about $2000 for one day of deposition testimony.  

The amount of your bills indicates to me that there were several days of depositions in your case.  Because your case settled so close to trial, it is also probable that depositions were taken of one or more of your treating doctors.

Court reporter fees are very high.  Experienced personal injury lawyers do what they can to keep the costs of court reporters down as far as possible, but the fact of the matter is that they are a case-related expense that is passed on to the client.

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I need to hire a lawyer in a personal injury case.  Should I take age into consideration?  I am worried about hiring a law who lacks experience.

I happen to think that 53 is a perfect age for a personal injury or wrongful death lawyer.  In a couple weeks, I will think that 54 is the perfect age.

Seriously, age is a relevant factor, but age can be misleading in several respects.  I remember about 25 years ago I was hired in a case and the opposing lawyer was at least 20 years older than I was.  He was confident and forceful and attempted to use his age as an advantage.  I looked him up in a legal directory and found out that he finished law school two years after I did - he attended law school after finishing another career.  

There are lots of "older" lawyers who finish law school later in life.  If they practice in the field of work they were in before they went to law school, they may have some expertise in that area that another lawyer may not have.  If they are practicing in another area, their extra years may provide no real advantage whatsoever.

A factor more important than age is experience.   For example, a lawyer who has been writing wills and real estate contracts for 40 years will almost always be less able to effectively handle a serious injury or wrongful death case than a lawyer with five years of experience handling those types of cases while  training with a lawyer who had experience in those types of cases.

Put it this way:   Who would you want to remove a brain tumor?   A 65 year old highly competent pediatrician or a 35 year old neurosurgeon who received his or her training a Mayo Clinic?   The same is true in personal injury law - you want a lawyer who has experience in the field, particularly if the early years of that experience was while training with a highly competent, respected lawyer.

There are lawyers with 30 or 40 or 50 years of experience in an area of law that no lawyer would ever hire to represent them - all of the grey hair in the world can mean absolutely nothing.  Experience does not necessarily mean expertise or even competence.

One of the best tests you can apply is whether the lawyer is truly respected by other lawyers in the field.  One example of that is the use of the legal guide Best Lawyers in America .   That publication and website asks lawyers who they would hire and publishes the results.   Age is clearly a factor in the decisions that result in being included in that publication, but young lawyers are not necessarily excluded - I have been named in the book since 1992 (when I was 36).   

So, is age a factor?  Yes, of course it is.  Is it the only factor?  No - experience, reputation, and integrity are much more important factors.   Of course, the passage of time and the opportunity to learn from excellent mentors are the only ways to gain true experience, and thus age will always be a relevant factor in making the important decision of whom to hire as your lawyer.

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When I go on the Internet there seems to be lots of websites that will give me a list of lawyers. Are they  good places to go to find a lawyer to help me in a personal injury or wrongful death case?

Well, there is nothing particularly wrong with them.  However, you need to know that lawyers are constantly solicited by these websites and often pay money to be listed on them.   Thus, on many of these sites, the fact that an attorney is listed says very little about the lawyer's knowledge, experience, reputation or ethics.

There are several notable exceptions.  First, the American College of Trial Lawyers is a fine place to start if you are looking for a civil or criminal trial lawyer.   This is an invitation-only, highly selective organization that is regarded as the most elite organization of trial lawyers in this country.  

Second, you can look at the National Board of Legal Specialty Certification.  This organization certifies trial lawyers and requires that they have a certain level of expertise before they can become certified.

Third, you can look to a group like Lawyers.com.  Lawyers pay for listings on this website, but you have access to ratings given by other lawyers that reflect the lawyer's experience and reputation.  

Fourth, a relatively new lawyer-rating organization is Avvo.com.  The listing on Avvo is generally free (you can pay for higher visibility) but the site uses a program to rate lawyers.

As you can see, there are several different ways to get better information about lawyers on the internet rather than going to one of the pay-to-play sites.   For more detailed information about how to hire a lawyer I suggest you read our Legal Guide "Understanding How to Hire a Lawyer in Personal Injury and Wrongful Death Cases."   The Guide gives you a detailed list of the factors you should consider in making this important decision.

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I was hit by a tractor trailer and my car was totaled.  I spent 4 days in the hospital and it looks like I am going to miss several weeks of work.   What do you charge for meeting with me to see if I want to hire you as my lawyer?

There is no charge whatsoever.   I have never charged for an initial meeting with potential personal injury clients.   I meet with personal injury clients wherever is convenient for them.  For example, last week I met with one potential client in Kentucky and another in Sparta, Tennessee.  

I understand that people who have been injured have difficulty coming to meet in my office and the financial pressure caused by the injury makes it difficult to afford gasoline for the trip.   Thus, I am happy to meet with any potential client at a place and time convenient to them, including nights and weekends.

You may find our Legal Guide, "Understanding Attorney's Fee and Expenses in Personal Injury and Wrongful Death Litigation," helpful to you.

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The law I am thinking about hiring for my personal injury case advertises in the Yellow Pages that she is a member of the American Bar Association.   That sure seems impressive, especially since the ads of other lawyers don't mention that qualification.  What does it mean?

Many lawyers advertise that they are members of the Tennessee Bar Association, the American Bar Association, and / or their local bar association. Mere membership in these organizations tells consumers virtually nothing about a lawyer’s competence – all one needs to join these organizations is a law license and the money to pay the dues.

However, active membership in a bar association tends to indicate that the lawyer is interested in advancement of his or her profession. This is a relevant factor to be weighed by consumers because it indicates a passion for the law. A lawyer who has been active in bar associations will list those activities on his or her website. Those that do not list activities probably have not been active and are probably just dues-paying members.

Membership, particularly active membership in certain other types of bar associations is an important consideration for those who seek to hire a personal injury or wrongful death lawyer. A lawyer who does personal injury or wrongful death litigation on behalf of consumers should be a member of the Tennessee Association of Justice and the American Association of Justice. Once again, these associations have no entrance qualifications other than a law license and the ability to pay dues, but a lawyer who says he or she does personal injury and wrongful death work and does not belong to these organizations is, in our opinion, either not truly committed to protecting the rights of personal injury victims and their families or is too cheap to support the efforts of these organizations.

Both of these organizations work with legislators to help keep the courthouse doors open for ordinary people and work to educate their members. If a lawyer who seeks your case does not belong to these groups (both of them, not just one or the other), I respectfully suggest that you not even consider he or she to be your lawyer. If the lawyer is a member of both groups, then look to see how active he or she is in the organizations.

Those lawyers that are or have been committee chairs or members of the executive committee of these organizations have demonstrated that they are willing to volunteer their time to preserve the right of citizens to access the court system. Those who are merely members are at least saying that they will pay dues to support the organizations, but are unwilling or unable to make the sacrifice necessary to advance the goals of the groups.

Membership in any bar association is a very small part of determining who to hire as a lawyer.  To read more about what factors to consider in hiring a lawyer to help you in a personal injury or wrongful death case, click here.

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I had a surgery recently.  The doctor made an error and I also died.  I spent two extra days in the hospital.   I am fine now but I want to sue him.

You will have a difficult time finding a lawyer to help you with this case.  Even assuming that you can prove your case it appears your damages are minimal - two extra hospital days, related experiences, and the trauma of the event.  Medical malpractice cases are very expensive to prepare and are very vigorously defended by doctors and their insurance companies.  Thus, most lawyers have been forced to adopt a rather high damages threshold before they will accept any malpractice case.

Of course, you should talk to an experienced medical malpractice lawyer and see if he or she can help you.  Remember that in Tennessee you must take appropriate legal action within one year of the date of the event causing you an injury.  Failure to take timely action will result in a loss of whatever rights you have.

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I met with a personal injury lawyer and she tried to tell me that she could help me win my case because the judge is a friend of hers.  Will her relationship with the judge help me?

Lawyers who say such things are scumbags. 99.9% of judges would never allow their personal feelings for a lawyer to directly affect the outcome of the case. To do so would be unethical, and 99.9% of judges would never consider acting in such a fashion.

It is true, of course, that judges tend to respect lawyers who are prepared, who show up to court on time, who understand law and court procedure, and who answer the judge’s questions directly and honestly. And judges, like every other human, would tend to more readily accept the word of a lawyer who earned respect than a lawyer who demonstrated that he or she was not entitled to respect. But disregard the facts or the law simply because of a personal relationship? No, this sort of thing rarely happens.

Finally, think about it this way: If you were a judge and learned that your lawyer “friend” was going around telling people that he or she could improperly influence you in a case, how would you feel about it?  Believe me, this is the sort of thing that would irritate a judge.

Stay away from this type of lawyer. This lawyer is trying too hard to get your case and, at the end of the day you are very likely to be disappointed in the service you actually receive.

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I notice that lots of  personal injury lawyers advertise that they have received big settlements?  Should that be a factor in determining what lawyer I should hire?

That may tell you something, and may tell you nothing. Lawyers tell an old joke that goes like this: Do you know how to get a $1,000,000 settlement? Mess up a $2,000,000 case.

Experienced lawyers know that that the size of a verdict or settlement does not reveal much information on how well the case was prepared or tried. Indeed, a sizeable verdict or settlement could mean that the client had a good case and good have had even a better result if a more capable lawyer had handled the case. So, while the size of verdicts and settlements gives you an idea of the size of case the lawyer may have experience working on, it does not tell you much about the quality of the work done on that case.

Also, some lawyers advertise that they have gotten significant settlements or verdicts when they employed another law firm to help them in the case and they in fact did very little work on the case.  Such a lawyer is to be applauded for seeking help on the case when it was necessary, but the fact of the matter is that the result in the case was a joint effort and the lawyer may not have been capable of getting the same result on his or her own.

The lawyer's reputation among his or her peers is much more important than what some ad claims about past results.   Other lawyers recognize a high-quality work product and ethical practice and reward those efforts with professional honors.

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I need to hire a personal injury lawyer.  Should I ask if the lawyer has malpractice coverage or can I assume that the lawyer has the coverage because it is required by law to have it?

Believe it or not, there is nothing in the law that requires lawyers to have malpractice insurance coverage.  Any lawyer can make a mistake, and he or she should have malpractice insurance to protect a client from harmed by the mistake. Feel free to ask the lawyer you are thinking about hiring whether he or she has malpractice insurance coverage and ask them to confirm their answer in writing. If they don’t have it, hire a different lawyer.

Why would a law firm not have malpractice coverage?   There are only two reasons.  First, they cannot buy it.   It is difficult to purchase malpractice insurance coverage if you handle class action and other specialized types of cases.  Second, the lawyer is trying to save money.  Malpractice insurance coverage is expensive and there are some lawyers who simply will not spend the money to protect their clients from an error.

Our firm has had malpractice insurance coverage since it was founded in 1993. We will continue to do so. In the unlikely event that we make an error that causes harm to a client (none of the lawyers in the firm have ever been sued for legal malpractice by a client) we want the client to have the benefit of the insurance coverage we purchased to protect them.

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I have a personal injury case.  I am trying to find a lawyer.  Lots of lawyers say that they are members of the Tennessee Bar Association or the American Bar Association.   What does that mean?

Many lawyers advertise that they are members of the Tennessee Bar Association, the American Bar Association, and / or their local bar association. Mere membership in these organizations tells consumers virtually nothing about a lawyer’s competence – all one needs to join these organizations is a law license and the money to pay the dues.

However, active membership in a bar association tends to indicate that the lawyer is interested in advancement of his or her profession. This is a relevant factor to be weighed by consumers because it indicates a passion for the law. A lawyer who has been active in bar associations will list those activities on his or her website. Those that do not list activities probably have not been active and are probably just dues-paying members.

Membership, particularly active membership in certain other types of bar associations is an important consideration for those who seek to hire a personal injury or wrongful death lawyer. A lawyer who does personal injury or wrongful death litigation on behalf of consumers should be a member of the Tennessee Association of Justice and the American Association of Justice. Once again, these associations have no entrance qualifications other than a law license and the ability to pay dues, but a lawyer who says he or she does personal injury and wrongful death work and does not belong to these organizations is, in my opinion, either not truly committed to protecting the rights of personal injury victims and their families or is too cheap to support the efforts of these organizations.

Both of these organizations work with legislators to help keep the courthouse doors open for ordinary people and work to educate their members. If a lawyer who seeks your case does not belong to these groups (both of them, not just one or the other), we respectfully suggest that you not even consider he or she to be your lawyer. If the lawyer is a member of both groups, then look to see how active he or she is in the organizations.

Those lawyers that are or have been committee chairs or members of the executive committee of these organizations have demonstrated that they are willing to volunteer their time to preserve the right of citizens to access the court system. Those who are merely members are at least saying that they will pay dues to support the organizations, but are unwilling or unable to make the sacrifice necessary to advance the goals of the groups.

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I hired a lawyer to help me with a personal injury case.  The case has settled.  I agreed to pay him one-third of my recovery and his expenses.  He has sent me his expenses and it includes 3 flights on his plane to and from the city where I live.  The cost of these flights was $1500 each way - a total of $9000.  A commercial flight is only a couple hundred dollars per trip.  Do I have to pay this money?

A key factor is the language of your contract.   Did the lawyer disclose that he would be traveling on his private plane and the cost of each trip?   If all of this was disclosed and you agreed in advance to pay these charges, you are probably stuck with the charges (although there is no harm in asking the lawyer to waive a portion of the charges).

Private plane flight is very expensive, and many lawyers who fly their own plane will not charge the cost of using the plane but instead will only charge the amount that it would have cost to fly the same trip on a commercial flight.  

I recommend that you should never hire a lawyer who insists upon billing you for the cost of his or her plane for more than the cost of a commercial flight.   These expenses can add up in a hurry.  While I certainly understand that the lawyer may save time flying a private plane,  the lawyer should not be charging you for the benefit he or she gets from saving time.  If you don't have a problem with your lawyer using a private plane for travel, make sure you have a clear, written understanding about when it will be used and how much it will cost per hour or mile.

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I have a personal injury case.  The lawyer is working on a contingent fee.  As far as I can tell he is going nothing.  He doesn't return my phone calls.  He has had my case for six months and no lawsuit has been filed or, if it has, nobody has told me it has.  I have lost confidence in this lawyer and want to fire him.  However, I can't afford to pay him for whatever work he might claim he has done.  What should I do?

First, I would encourage you to give the lawyer one more chance to explain what is going on and why he will not respond to you.  If you had a good reason to hire this lawyer in the first place, you should make an effort to give him a chance to explain his conduct.

If you hired this lawyer on a whim, or if you feel you have given him plenty of chances and you have lost all confidence in him, you can fire him whenever you want to.  More importantly, you almost certainly do not have to pay him at this time  for the work he has done.

What usually happens in these situations is the client finds a new lawyer and the new lawyer and the old lawyer work out a reasonable division of the contingent fee for the work done on the case.   Thus, the fee will probably not increase for you and the former lawyer's fee will be paid at the time your case is resolved (if it is successful).

However, you should know that it is sometimes difficult to find a lawyer to take over a case from another lawyer, particularly if there has been a lot of activity in the case before the first lawyer was fired.  Also, a lawyer cannot discuss the substance of a case with the client of another lawyer without the permission of the current lawyer, so you may not know that another lawyer will actually take your case if you fire your first lawyer.

The issues that arise from having to fire a lawyer  are  yet another reason why you should do appropriate research before you hire a lawyer.  Our Legal Guide, "Understanding How to Hire a Lawyer in a Personal Injury or Wrongful Death Case," can help you will that.  It will also help you in determining who to hire if you decide to fire your first lawyer.  

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My neighbor is in a lawsuit and she says that they are in "discovery."  What is that? 

The discovery phase of a lawsuit is the phase during which each side finds out about the other side’s claims and defenses. The various methods of gaining this information are often referred to as tools of discovery or simply “Discovery.” These methods include depositions, interrogatories, requests for production, medical evaluations, requests for admissions, and subpoenas.

To gain a complete understanding of what happens during discovery  and as a case progresses toward a trial, read our Litigation Guide called "Understanding The Steps in the Litigation Process."

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