On rare occasions, a client may simply refuse to settle. Advertising attorneys often refer those clients to skilled trial attorneys. At this point, it's important to distinguish between types of attorneys. Advertising attorneys are skilled marketers who spend time learning how to sell their services via advertising. An experienced trial attorney, on the other hand, is an expert advocate who spends time developing and honing trial skills and maintaining a good reputation with the local bar association. These attorneys are respected by insurance companies and defense lawyers alike, because they are not afraid to file suit and follow through with trial, which adds value to settlement offers out of the gate.
Now that advertising attorneys are exposed, here's how you can find a battle-hardened, ethical, and talented trial attorney:
Begin your search with an elite organization or association of trial lawyers. The American Board of Trial Advocates is a good example. Seek attorneys who hold leadership positions in this and other associations of trial lawyers.
Research attorneys on the bar association website for your state. Look for attorneys who are board certified in civil trial law (or in the specific field for which you need a lawyer).
Research attorneys on their personal or firm websites. Look for the jury verdicts obtained by the attorney you're considering.
Ask friends, family members, and other attorneys for personal recommendations.
Ask lots of questions at your consultations with attorneys. Make sure the attorney you're considering has handled a case similar to yours and ask about the outcome of that case. Let the attorney know that you're not asking for or expecting a guaranteed result for your own case. Also ask about the number of cases the attorney takes to trial each year and the percentage of cases that settle out of court. Here, you're looking for an indication that the attorney is willing to abandon settlement negotiations if they're not going well and proceed to trial.
Do not begin your search with the phone book or by calling an attorney advertised on television. Only call an advertising attorney after you've done your homework and determined that he or she is well qualified to handle your case and willing to take it to trial if settlement negotiations are unsuccessful. One final word to the wise, attorney referral services often simply rotate the attorneys they recommend. If you are referred to a personal injury lawyer by a friend, family member, other attorney, or referral service, you still need to do your homework.
Armed with this information, you are much more likely to find and hire an attorney who can and will add value to your personal injury case. Good luck!
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