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8/10/2008
K.C. Bouchillon
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How Do You Find The Best Lawyer For Your Case?

Fortunately, most people will never need a lawyer. Maybe it's for that reason that many people feel free to denigrate lawyers generally and make jokes about them. (In fact, I have some very good lawyer joke books in my own office).

On the other hand, as the saying goes, no one likes a lawyer until they need one. And when that time comes, you better pick the right one. The question is, how do you know which is the right one?

Guideline No. 1: Don't pick a lawyer just because he or she has lots of slick ads. For the most part, ads are fluff. Anyone can say "I care." Start with the simple question, does the lawyer talking to me on the TV actually try cases, or even practice law? Or is he or she just a mouthpiece trying to draw in clients who are passed on to a series of inexperienced attorneys or "case managers" who aren't even lawyers? The internet is a valuable tool for sorting out the wannabes from the real thing. Use it.

Guideline No. 2: Don't put your case in the hands of a legal sweatshop. The best lawyers handle cases themselves, not through flunkies. The best lawyers talk to their clients and actually try cases. The best lawyers are experienced. You'd be surprised how few "trial attorneys" actually try cases. I'll be the first to admit that a good settlement is preferable to a trial, for a lot of reasons that would fill numerous blogs, but what you want is a lawyer who is willing and eager to lay out your case in front of a jury if necessary. At Lilly, O'Toole & Brown, we actually try cases. If your lawyer encourages you to settle a good case early, or warns you that he or she will have to pass the case on to someone else if it actually has to be tried, you're in trouble.

Guideline No. 3: Want to find a good attorney? Ask around. Ask other lawyers whom they would use. Even better, ask courthouse personnel which attorneys actually try cases. Search the internet for the locality where your case will be filed. Look for lawyers who know their way around the courthouse where your case will be filed. Look for board certification. At Lilly, O'Toole & Brown, we have four board-certified civil trial lawyers, and all of our lawyers have tried numerous cases.

Guideline No. 4: Having a "pitbull" attorney is not going to win your case. There is a myth that the overly aggressive, obnoxious, "Rambo" attorney is a plus. But look at it this way. When you see or read about that kind of attorney, do you have a positive or negative impression about him or her? Juries are made up of people like you. If you don't like that kind of attorney, why would you think that a jury would? The fact is, they don't. At Lilly, O'Toole & Brown, we don't have to fall back on those kind of tactics to obtain good results for our clients. Just look at our case results on this website. Our attorneys obtained those results with honesty and professionalism, which carries a great deal more weight with judges and juries than the grandstanding and bluster of "pitbull" or "Rambo" attorneys.

Guideline No. 5: Go with your instincts. Lawyers are (or should be) human beings like you. If you don't feel a personal connection with him or her, then you should find another lawyer. It's your case and your life. If you get the feeling that your attorney is more interested in getting money than in representing you, then you are probably right.

Guideline No. 6: Beware of any lawyer who "guarantees" a successful outcome. Lawyers, like many others, are in competition for the "good" clients and cases. Watch out for those who give you heady promises of success. No lawyer on the face of the Earth can guarantee a successful outcome, because no lawyer knows who will be on his or her jury. I actually try to discourage many clients from pursuing litigation, to test their resolve and find out how strongly they believe in their cases. If the lawyer you consult dazzles you with promises of a big payoff, run away. It's likely he or she will come away with the big payoff, while you are left holding the proverbial bag.

Guideline No. 7: See it through. I once heard a preacher give the simplest formula for success that I have ever heard: 1) set the goal, 2) count the cost, and 3) pay the price. Many litigants, both plaintiff and defendant, get caught up in the emotion of the moment and pledge to fight to the bitter end in litigation for the sake of principle. Unfortunately, there are plenty of lawyers (but still a minority) willing to encourage that feeling and whip it into a frenzy if it means more money for them. Litigation ain't pretty. If you're going to go forward with a lawsuit, make sure you're ready to take it to the limit -- and not solely for the sake of principle. A lawyer once told me that that "principle" is the most expensive yet unobtainable commodity in litigation. You want a lawyer who will objectively lay out for you what can go right OR WRONG in your case up front. The last thing you want to do is to get months or years into a case before your lawyer says for the first time that you're in trouble.

I've barely scratched the surface on how to select the right attorney for your case. It's a dynamic process that varies with every single case, so it's hard to lay out a hard and fast set of guidelines. However, I hope that the ones I've set out above will help.

In closing, I'll just say that I hope you never have to hire a lawyer, but if you do, don't make that decision lightly or uninformed.

Labels:find lawyer, best lawyer, choose lawyer, guidelines

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