Articles Posted in Hiring a Lawyer

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.

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.

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."

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.

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.

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.

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.

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.  

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.