iHow to Pick a Lawyer

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Big Guns for Hire

by Rolando Pasquali

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Thomas came up to me at his grandson's baptismal reception. I’d always known him for his quick smile; maybe it was all those years selling A.T. & T. This time, Tom looked serious. His 28 year-old had just had his leg turned into hamburger meat by some reckless driver. “He’s not supposed to talk to the other guy’s insurance company right?” I smiled. “Don’t sign anything, right?” I took another sip of my soda, “Yeah.”

          Then I waited. I figured I knew what was coming next. The same question I’ve heard a hundred times. When a lawyer is asked, “can you talk to him?” you’re flattered and your ego’s boosted, beyond that, you’re pleased. Hopefully, you didn’t become a courtroom lawyer for the wrong reason. Money. Hopefully, you became a courtroom lawyer because you like the job. “Can you talk to him?” is the lawyer’s equivalent of an Indianapolis driver’s hearing “Gentlemen, start your engines.” This time, it didn’t come. Tom gave me a polite “thanks” and then we talked about the Russian submarine, Kursk . Tom is a retired U.S.N. submariner and his insights would otherwise have been fascinating. But the change of subject was killing me. I’ve done those cases a zillion times. Piece of cake. WHAT’S UP?

“picking a lawyer based on price is like making moonshine just to avoid paying the sales tax ”

          Two weeks later, I found out. Sonny had moved to Connecticut . I’m a California lawyer. The question was the same, but with a different meaning. Sonny wanted to talk, except he needed advise on how to pick a good lawyer - back East. Here’s what he, and you, should know in order to get “a good lawyer.” First, never ever pick a lawyer based on “price.” Bottom fishing may be good for crabs and catfish; but when it comes to selecting a professional, picking a lawyer based on price is like making moonshine to avoid paying for the sales tax. At best, the practice is risky, at worst it’s catastrophic.

          Price means more than just the hourly fee or the percentage taken in a contingency case. Some lawyers, usually the inexperienced ones, try to sign clients up with grandiose promises of what they can “get.” I like to tell new clients that I have “no idea” what their case is worth. Let’s investigate. Legal chickens don’t need in utero counting.

          Next, don’t bet on a rookie, or a near rookie lawyer. Most people hire lawyers about as frequently as they buy homes. Too many variables will effect your case as it is; don’t add to the list by picking a lawyer who doesn’t know which table in the courtroom to sit at. Remember that “experience” means two things: first “as a lawyer,” second, in the type of case you have. Less than 10 years as a lawyer, without at least 5 doing the type of case you have is a warning sign. Stay Away.

          I once saw an excellent criminal defense attorney tell a judge how he’d gotten over three hundred thousand dollars in settlement of a security guard shooting case. The judge smiled and looked over at me. I smiled back. Sounded great, to that lawyer, except there was one problem. As described, that case was worth at least half a million bucks. The criminal defense lawyer didn’t recognize “fair value” of a civil lawsuit any more than most “litigators” (who don’t go to trial) understand the nuances of jury selection. The criminal lawyer had plenty of experience, but in the wrong area of law.

          Ask the lawyer for references. Don’t rely on your friends, past “clients,” legal secretaries, or even paralegals. None of them are in a position to compare the lawyer with hundreds of other lawyers. Any lawyer who can’t name a half dozen competitors and past adversaries, people with at least 20 years of experience each, who will say he’s “the best” isn’t worth hiring. Ask for objective proof that the courts trust the lawyer’s judgment. Serving as a Temporary Judge (Pro Tem), as an arbitrator, or as a bench-bar settlement attorney are good indicators that local judges consider the lawyer competent, even tempered and experienced. Any lawyer who hasn’t done all of those things ought to be forgotten as well.

          Identify who is going to work on your file. Far too many clients are unduly impressed by “big firms” and support staffs. The truth is, even with the largest of firms, your case will be assigned to one “lead” attorney. If that person is too busy to personally “handle” your matter, your file will either become a headless serpent, wandering aimlessly through billing cycles, or inexperienced masters will handle it. Either way, your pocketbook is apt to become the one that gets bitten in the end. Don’t fall for the old, “but I review Johnny Snotnose’s work” line. In reality, that’s like picking an airline, which prides itself in giving on-the-job training while its experienced pilots lay sleeping in coach. Especially in litigation, bad tactical decisions can send your case spiraling downward so fast that not even the Red Baron could pull it out of its legal tailspin. Try asking this question "In the last 12 months, did you personally make every court appearance on every case where you were the asssigned attorney, or did anyone else ever appear for you?" Listen to the answer very carefully.

          Litigation clients should look for real world courtroom experience. There’s just no substitute. It may surprise you, but since 99% of all cases settle, most “litigators” don’t actually go to trial. They “litigate.” Just as our friend the criminal defense lawyer didn’t understand the value of a civil case, most “litigators” don’t know their way around a courtroom. Ask the lawyer to specify his/her experience in "solo jury trials to verdict.” Ask it that way.

          While it may be true that only a handful of lawyers you’ll run into meet each of these criteria, remember, you only need to find one. If you’re like most people, it’s not just your case; it’s your only case. Absent unusual circumstances, most lawyers who meet each of these standards can handle your case just fine. Piece of cake.

- by Rolando Pasquali