How to choose an attorney to handle your serious injury or fatal accident claim
I. In general...
The selection of a Liability or Trial attorney is not usually something people are accustomed to doing. Fortunately, the majority of people, their family and friends are not involved in a major accident resulting in tragic injuries or the death of a loved one. When these tragedies occur it is not uncommon for people to be at a loss as to whom they should turn to for the legal assistance they need. Up to the late 1970's, lawyers were not able to openly advertise as this was considered demeaning to the profession and an ethical violation according to many State and Federal Bar Associations. Back then, the traditional way to select an attorney was from a referral made by a relative, friend or acquittance, who was personally aware of an attorney, having personally retained or opposed such attorney (and who presumably left a good impression) or whose reputation of quality was well known in the community.
In 1979, a Legal Clinic litigated what they considered their right to advertise their legal services. In their claim, the Clinic contended that their First Amendment Right of Free Speech was being violated by the Bar Association's rules that legal advertising was an ethical violation. Going all the way to the highest court in the country, the United States Supreme Court in a landmark decision approved, with little limitation, a lawyer's right to advertise.
Some attorneys and firms have used this newly found tool with dignity and in the professional manner the Court intended. Unfortunately this decision also opened the flood gates for the self serving, "my lawyer got me 2.1 Million," type advertisements we have become so accustomed to seeing. Such ads may be misleading as each case is to be evaluated on its own merits, and it is really unknown if the advertised "2.1M" or any other advertised result was the true value of the case (i.e. was the case really worth $5.1 Million?) With lawyers now competing for ad space on billboards, newspapers, daytime television and other places, as opposed to the courtroom, most advertising lawyers have forgotten that such ads were to be a public service as opposed to a self-serving commentary. Too often we now see the lawyer ad portraying what is to be the, "aggressive lawyer," in a suit, rolling up his sleeves and displaying photos of crash scenes and wheelchairs. Often times the public is totally mislead into thinking the lawyer with the largest ad or ad budget must be the best. Clearly this is not the case.
The Law offices of William D. Shapiro does not encourage nor condone the types of advertising we now so often see. Although some lawyer ads are professional and designed to simply make known their type of practice and availability, most are not. We prefer traditional means of welcoming our clients. Year after year, the majority of our clients are referred to us by past clients, other personal injury attorneys, as well as attorneys of other disciplines, Judges, court staff and other means of personal referral.
While the decade of the 70's paved the way for people in need to locate a lawyer by advertising, the new millennium is again changing the way injured victims or the heirs of victims will select their attorney. With the popularity of computers, Web T.V. and like services, people can be introduced to attorneys in the comfort of their own home at any time of day or night. In Web Pages, just like the one you are looking at, attorneys can provide extended information about their office and their philosophies to prospective clients. This firm believes this is far superior to being limited to the competitive ad space in a print ad, TV, Radio or bus bench.
However you obtain the name of an attorney, be it be by surfing the web, personal referral, lawyer ad or otherwise, it is often important for people to know some specific information about the attorney or firm they are retaining. In providing the series of questions below, we are here trying to assist those in need of a Litigation/Trial attorney with a means of gaining some informative and useful information about an attorney before making a selection.
II Sample questions of your prospective personal injury/wrongful death attorney.
In the initial interview process, an attorney will want to gain enough information from you both about yourself and the facts of your case to enable him or her to make a determination as to whether or not your case will be accepted. The interview process, however, is not a one way street. Just like the attorney should want you to be honest open and candid with every fact, you will want the same candor from the attorney. Entrusting your case with the right attorney means you must learn some information about his or her practice and experience in the area of law your matter relates. You must have confidence in the attorney you select both in terms of ability, background, resources, and attitude.
Realizing many people do not know what information is important to ask about, as a part of our web site, the Law Offices of William D. Shapiro here provides what is hoped to be helpful points that will assist prospective clients in gaining some important information In inquiring about these topic areas, you will learn about the knowledge, experience, ability and background of the lawyer as well as the resources available to the attorney. In addition to this inquery, you should be open and ask any other question you believe is pertinent to satisfy you that such attorney or firm is right for you. What is often forgotten is that the attorney client relationship is one that lasts a long time and putting a little more effort in the selection process at the start can make things a lot better as the case goes on.
We invite you to take a few moments to review the sample areas of inquery that we hope helps you in your selection process. To further assist you, we have provided you with the information about our law firm at the end of each area to enable you to understand our background. It is equally important that you be completely comfortable with the lawyer you select and of course you will be the judge of attitude both from your first impressions and by reputation.
1) Is the attorney rated by Martindale/ Hubbell? If so, what is the attorney's rating for his or her legal ability? What is the attorney's ethical rating?
Martindale - Hubbell (M-H) is the only national organization that provides a rating of both an attorney's legal abilities as well as his or her ethics. M-H sends out thousands upon thousands of rating forms to attorneys in their local areas requesting they evaluate a designated lawyer for legal ability and ethics. The evaluation process is closed and no one outside M-H sees how any particular attorney has evaluated another lawyer. This is what provides the motivation for all evaluating lawyers to be totally open and honest in their opinions of the lawyers they evaluation. The confidential rating forms or ballots for each lawyer evaluated are then returned to M-H, and the forms pertaining to of each lawyer evaluated are tallied. From the collective opinions of all the local lawyers and judges who submitted opinions, M-H then provides the rating of the evaluated attorney from a culmination of the many undisclosed evaluations.
For legal ability, the ratings go from, "un-rated," to "C," "B" and an "A" rating. It is not bad to be un-rated, it simply means for whatever reason, there was insufficient information to rate the lawyer. A ,"C" rating is good and a "B" is very good. An "A" rating is limited to only those lawyers classified as "excellent." It is an honor to even be rated and as mentioned, it is no shame to be un-rated. M-H is constantly sending out rating sheets to lawyers nationwide to make certain the accuracy of the rating is current.
In addition to rating the legal abilities of an attorney, M-H also rates the ethical standards of a lawyer, again as evaluated by secret evaluation by the local attorneys and judges in the community. In this system, "V" is the highest ethical rating. For more information on the Martindale-Hubbell attorney listings and rating system, we have provided a link directly to their web site.
LAW OFFICES OF WILLIAM D. SHAPIRO:
For many years, William D. Shapiro has enjoyed Martindale Hubble's highest possible rating of "A-V."
2) Is the attorney listed in the Martindale Hubbell listing of the "Book of Pre-eminent Lawyers" in the United States?
In addition to providing a listing by locality and a rating of the lawyers listed, Martindale-Hubble also publishes a book of the PreEmenent Lawyers in the United States. Martindale-Hubble limits those included within this text to only those lawyers who qualify by the strict standards set by Martindale-Hubble. A copy of this book is available at your local Law Library or by contacting Martindale-Hubble. (See link in this web site).
LAW OFFICES OF WILLIAM D. SHAPIRO:
For many years, William D. Shapiro has been included and listed within the Book of Pre-Eminent Lawyers in the United States published by Martindale Hubble.
3) Does the attorney limit his or her practice to personal injury/wrongful death and insurance law?
Unlike the medical profession which restricts certain doctors to limit their practice to a particular specialty or sub-specialty, once admitted to the Bar, a lawyer is permitted to practice in a wide variety of areas of law. Many lawyers are, "general practitioners," handling a broad spectrum of legal matters. One day they may handle a simple will contest, a child custody the next, a contract dispute the next and so on. Other firms limit their area of practice to a limited type of case. The California Bar Association does not test attorneys in personal injury nor is there a recognized specialty in the legal field of personal injury*. As such any lawyer can hold themselves out as being a personal injury lawyer. While the concept of a formal recognized specialization for personal injury is pending, there are lawyers and law firms that voluntarily limit, or restrict their practice to the prosecution of cases on behalf of injured victims or their heirs. Because, "liability law," is the only type of case these attorneys handle, over many years of handling such cases, they really are specialist in the field and are best suited for such cases. They keep current in the ever changing procedures, rules and laws in this detailed area of law, and in the handling of such cases these are the lawyers that are experts in the field. In such a limited practice, the only types of cases these lawyers accept involve injuries, or deaths as a result of, motor vehicle accidents, dangerous roads, or products, medical malpractice, or an insurance company wrongfully denying an auto, life, health, disability, or other rightful insurance claim.
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personal injury when used in this article includes personal injury, wrongful death, products liability, medical malpractice and insurance litigation.
LAW OFFICES OF WILLIAM D. SHAPIRO:
For over 21 years, William D. Shapiro has limited his practice to the representation of injured victims and/ or their heirs as a result of transportation (motor vehicle, aircraft, train or boating) accidents, injuries and deaths resulting from dangerous conditions on public roads or private premises, dangerous products, medical malpractice, or the denial of rightful insurance claims.
4) Is the lawyer a member of the American Board of Trial Advocates? (ABOTA)
Unknown to the vast majority of the public, like the medical field, the legal profession provides several Board Certifications for Trial Lawyers. Probably the most prestigious and highly regarded Legal Board Membership any trial lawyer seeks admission into is the American Board of Trial Advocates, also known by the acronym, A.B.O.T.A. Admission into A.B.O.T.A. is strict and is heavily monitored allowing only the countries most qualified, talented and ethical lawyers to be members. To even qualify to be admitted into American Board of Trial Advocates, an attorney must have tried, no less then 20 major JURY trials to conclusion, a feat in today's legal world that is becoming more and more difficult to do, and this is just to qualify! Once the trial attorney qualifies, his or her name is submitted to one of the local chapter in which the attorney seeks entry and that lawyer is evaluated by all the existing members of the chapter. Legal knowledge, trial ability, ethical standards, integrity as well as public service, improvement and furtherance of the legal profession are but a few of the considerations that are discussed by all members of the chapter. All the members of the chapter cast their vote upon admission which requires a two thirds majority vote for admission. After the lawyer has been approved by the local chapter, he or she must then be approved by the National Association and it is only after these conditions are met that a lawyer becomes a member of the A.B.O.T.A. The highest of legal and ethical standards must be maintained to continue your admission in ABOTA. Pivotal to the importance of ABOTA is that it is comprised of the best of the best trial lawyers in the Untied States, and it is these lawyers that govern admission.
LAW OFFICES OF WILLIAM D. SHAPIRO:
For years, William D. Shapiro has been a member of ABOTA.
5) Is the lawyer board certified with the National Board of Trial Advocacy? (NBTA)
Similar to the American Board of Trial Advocates,(A.B.O.T.A.) the National Board of Trial Advocates (N.B.T.A.) has stringent entry prerequisites as well. In addition to requiring the minimum number of jury trials tried to conclusion, N.B.T.A. also compels an applicant to sit for a written examination set and taken under the most strict of settings. This exam which is given on a very limited basis tests on trial ability, procedure and knowledge as opposed to black letter law. In addition, the Board applicant must submit samples of legal briefs, Appellate briefs and other legal writing to be examined and approved, as well as proof of professional insurance. Only after all these stringent mandates are completed and approved will the applicant be admitted in to NBTA.
LAW OFFICES OF WILLIAM D. SHAPIRO:
Years ago, having sat for the Board Exam, and having submitted all the required briefs to the National Board, William D. Shapiro was admitted in the National Board of Trial Advocates. He has maintained his board membership and has made himself and his office available for the actual testing procedures.
6) What Associations and Affiliations is the lawyer a member of ? Of those associations and legal entities, has the lawyer been an active member other then simply being a dues paying member?
As in most professions, it is critical for the practitioner to belong to, and participate in the various organizations and associations that relate to the field. In the field of injury law and trial practice, attorneys state and nation wide have banned together to form what have become prestigious legal affiliations. While being a member of some is mandatory such as the State Bar of California, membership in many associations is strictly voluntary. These associations provide many of the continuing education classes in the narrow field of personal injury as well as sponsor seminars as well as author publications which are instrumental in keeping trial lawyers current in both the law and procedures as they change. In addition, many legal associations are instrumental in networking information to lawyers nationwide regarding similar cases. They also provide information regarding expert witnesses, documents, and other items that may overlap in similar cases. Many associations help with providing legal assistance to the needy, provide instruction to younger lawyers, as well as simply being a member of a group who shares common interest.
LAW OFFICES OF WILLIAM D. SHAPIRO:
Over the last 20 years, William D. Shapiro has not only become a member of the most prestigious legal associations related to the field of personal injury/wrongful death and insurance related actions, he has held and currently holds many positions within these entities. He is a member in the following:
ASSOCIATIONS:
Bar Associations:
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American Bar Association
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California Bar Association
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San Bernardino County Bar Association - Lectured in Bridging the Gap, Civil Trials Seminar, Law Day Presentations, Speakers committee, Judicial Counsel, ADR etc.
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Riverside County Bar Association
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Federal Bar Association
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United States Supreme Court Society
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California State Supreme Court Society
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Ninth Circuit Court of Appeal Society
Consumer Attorneys of California, [CAOC] (formerly the California Trial Lawyers Association, CTLA) - In addition to his membership, Mr. Shapiro has been Past president of the Inland Counties, Chapter, Lectured over the United States as well as other Countries at conferences.
Association of Trial Lawyers of America, [ATLA] - In addition to his membership, Mr. Shapiro has been involved in several committees including the ATV litigation group member active not only in the gathering of information about the many Manufacturers, testified before the Consumer Product Safety Commission.
American Inn's of Court - Including his current membership, Mr. Shapiro was past President of the Joseph B. Campbell Chapter of the Inn's of Court, he has lectured annually at his and other chapters.
7) Has the attorney been formally recognized as having Trial Experience in any areas of Trial practice?
As mentioned above, once an attorney passes the Bar, he or she is technically permitted to practice with some exceptions, in any area of the law they wish. In years past in England, they divided the responsibility of the handling of a case to the "Solicitor," who would be responsible for the pre-trial legal work on the case, and the, "Barrister," who would be the one who actually presented the case to the court or jury. As one can imagine, there are special talents needed in the actual presentation of a case to the court or jury. It is one thing to have all the research, investigation and discovery completed, and quite another to take and present the case to the jury. Although there is little dispute that the art of actually trying a case is quite specialized, the State Bar of California has not created any recognized specialization, or recognition that a lawyer be classified a, "trial lawyer." There are however several organizations which do provide recognition to certain qualified attorneys, who have demonstrated extensive knowledge, experience and ability in the actual trial of a case. Included in this would be the California Trial Lawyers/ Consumer Attorneys of California, the American Board of Trial Advocates, the National Board of Trial Advocates. These are affiliations and honors which must be earned over years of experience.
LAW OFFICES OF WILLIAM D. SHAPIRO:
For years, William D. Shapiro has been officially recognized by the California Trial Lawyers Association (now the Consumer Attorneys of California) for having extensive trial experience in the areas of Personal Injury & Insurance Bad Faith litigation. In addition, for years Mr. Shapiro has held the rank of, "Advocate," with the American Board of Trial Advocates, as well as having successfully tested and is board certified as a member of the National Association of Trial Advocates.
8) What courts is the lawyer admitted to practice law in?
When a lawyer passes a states Bar Examination, that entitles that person to practice in the State Courts in the state where they took the Bar. In the field of Personal Injury, often times there is need for the attorney to be admitted in other courts. Examples of this would be situations where the case is proper for Federal Court, (Central District Court) in which an attorney must be specially admitted. Federal Appellate Courts (Ninth Circuit Court of Appeals) again require a separate admission, as does the United States Supreme Court.
LAW OFFICES OF WILLIAM D. SHAPIRO:
William D. Shapiro is admitted into the following:
COURTS:
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State Bar of California, all State Trial and Appellate Courts
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United States Supreme Court
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United States Federal District Court for the Central District
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United States Court of Appeals for the Ninth Circuit.
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United States Tax Court.
9) Has the lawyer been active in the recent years in trying cases before juries? What are some of the types of cases the attorney has tried, and was the out come consistent with the attorneys expectation?
Serious personal injury and wrongful death cases often present disputes, whether it be over who is responsible for the injury, the value of, or the nature and extent of injury, or whether the injury was actually caused by the accident. Traditionally, it is one, or several of these issues that requires a jury trial to resolve. It is a well known fact that the grave majority of lawyers are not litigators and of those that are litigators, most do not actually try cases. Opponents look to an attorneys past experience, not only in the past trial results achieved for their clients, of primary importance is, are they the type of lawyer that has gone to trial, or will go to trial. When you are selecting a doctor for a heart problem, you want a doctor who handles heart problems. When you are selecting a lawyer for an issue that may well require a jury trial, you go to a trial attorney.
LAW OFFICES OF WILLIAM D. SHAPIRO:
For over 20 years, William D. Shapiro has been trying cases. Year after year, he has tried many jury trials as well as court trials. With numerous million dollar jury verdicts as well as verdicts that have impacted communities both locally and nationally, the Law Offices of William D. Shapiro remains very active in the trial bar. Mr. Shapiro has been recognized as having extensive experience in the trial of personal injury and Insurance matters, is a member of two trial Boards, the American Board of Trial Advocacy and the National Board of Trial Advocacy, both of which carry extensive trial experience for admission as well as the highest of pre-trial experience and ethical standards. Currently, the Law Offices of William D. Shapiro are set for trial in any one of several counties in California. As mentioned above, recognised for ability in personal injury, wrongful death, insurance bad faith, as well as having experience in medical malpractice and other tort actions, the Law Offices of William D. Shapiro has dedicated the entire practice to trial and litigation.
10) Does the attorney advertise? If so, where do you advertise and what do the ads say? Ask the attorney for a copy of the ads he has taken out and of all representations made in the ad, ask him or her the details of the representations.
As mentioned above, lawyer advertising really came to light in the late 1970's when the U.S. Supreme Court ruled that lawyers have a first amendment right to advertise. Before that time, the selection of an attorney came by referral due to knowledge of an attorneys experience or reputation. In recent years, lawyers have taken their new found advertising freedom and exercised it on Bill boards, bus stops, TV and Radio, Newspaper and just about whatever other medium they can find to advertise their services. Some ads are helpful in finding a lawyer, however selection from an ad alone is not enough. A prospective client must meet the lawyer in person, talk to them, get first impressions and get lasting impressions. A client, like the lawyer must feel as though they want to work with that lawyer, with that person. The client must see the office, the surroundings, and in general get the feel of the office and the lawyer. It is these things that an ad can not and does not provide. It is often thought that a large ad must denote a large firm. Clearly this is not the case. A lawyer in Northern California can run an ad in southern California with a call forwarding telephone number. The impression to a local citizen is that they are calling down the street when in fact, the lawyer isn't even here. There are little restrictions placed on lawyers who advertise and while there are those lawyers who continue to believe that lawyer advertising does demean the profession, obviously many disagree. The main thing, don't be fooled! Make certain you meet and speak to the lawyer, make certain you feel comfortable and are confident in who you retain.
LAW OFFICES OF WILLIAM D. SHAPIRO:
It is the philosophy of the Law Offices of William D. Shapiro that client referral, lawyer referral and word of mouth remain the best sourse of clientel. You will not see TV or radio ads, you will not find pictures of wheel chairs, car crashes in the yellow pages, nor will you see "(1-800) dog-bite," type ads on bus stops. Aside from what is known in the community by reputation, the Law Offices of William D. Shapiro is in contact with the public by way of this web site, which is not intended to be a self serving advertizement, rather this web site is meant to provide informative information about the firm to enable other lawyers, prospective clients and the general public to get to learn the identity and philosophy, as well as to provide informative information about in the area of personal injury.
Other considerations you may feel important in selecting your personal injury/wrongful death attorney.
11) Ask the attorney for a tour of his or her office facilities. Ask to see the type of office technology and equipment the law firm uses. As you will be working with the support staff as well as the attorneys, ask to be introduced to the staff.
When hiring an attorney, it is critical that the client feel comfortable in every respect. Just like we get feedback from the first impressions we get from meeting people, similarly we learn a quite a bit about the surroundings where a person works. We have all walked into the repair shop where everything is strewn about, the floors are filthy and the staff are would be better served to wear uniforms. Comparing this to the confidence you feel when you see the shop that is neat and sanitary, where all tools are clean and properly placed, where the floors are clean and paperwork is seems in order. Similarly, it is always best to personally go to the law office of the lawyer you are considering so you can see with your own eyes where the lawyer works, the calabur of the office staff, their dress, the decor of the office, the organization of the practice and in general you will get a feel of how the lawyer works. You will be able to see if they are using current computers, current soft ware, whether they have a library, conference rooms, video capability, simply do you feel they are what you want.
LAW OFFICES OF WILLIAM D. SHAPIRO:
We welcome you to request to see our facilities and inquire about our support staff and abilities. We are proud to be located directly across the street from the Superior Court in San Bernardino's Central District. We utilize up to date computer systems with current software that provides computer access to each and every case and status. Each case is maintained in notebook format for the best possible organization. We feature a full library, and are on line with up to the day updates in legal research. We are accessible by email, "snail mail," and telephone, cell phone and most importantly, by simply stopping by. We will gladly discuss any topic with you that relates to how we handle our cases from fees, techniques to the philosophy of our office.
12) Make sure you bring your common sense into the law office when the initial interview takes place. Selecting an attorney is a long range matter. It is the formation of a team. You must make certain that you are comfortable with the attorney you are with. First impressions are important to juries and they should be important to you as well. Is this the type of person you want working for you. Do you have confidence in the attorney you are speaking with? Are you even speaking with an attorney or are you being interviewed by support staff?
Feel good about the lawyer you hire.
LAW OFFICES OF WILLIAM D. SHAPIRO:
We encourage you to make an informed decision when selecting your trial attorney. After you have learned about the lawyer, go with your instincts, and make sure you believe in that lawyer from the beginning. If at any time you have questions about your case, you must feel free to contact your attorney understanding that many times lawyers are in court, depositions, arbitrations, or just busy. Give your attorney a day or two to get back with you. If he or she does not, place a call to the office and ask for a 3 minute phone appointment at a time the lawyer will be available. This will prevent frustration and get you back in communication and back on track. Should you have any questions about this or any topic, you are welcome to contact the Law Offices of William D. Shapiro to go over your matter
CLOSING COMMENT:
In addition to the qualifications, knowledge and experience of a particular lawyer or firm, one should always personally interview the lawyer that will be handling and trying the case. As the lawyer and the client make up, "a team for the litigation," each must be happy with each other, each must be willing to work well together, and cooperate with one another. Each must be ready to accept the good and the bad that always seems to come with litigation. Above all, each must feel good with the decision they make to work with the attorney and client each selects. Litigation often takes years, and it is best that both the attorney and the client select a person at the very beginning they are confident in, want on their team, and are willing to listen to. We wish you the best in the selection of your trial attorney and of course welcome you to consider us for your legal and trial needs.
