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How do I go about choosing a lawyer? The lawyer
will be helping you solve your problems. So, you must feel comfortable
enough to tell him or her, honestly and completely, all personal facts
necessary to resolve your problems. No one you listen to and nothing you
read will tell you which particular lawyer will be the best for you; you
must judge for yourself. Most lawyers will meet you briefly for no fee
to "get acquainted". This will allow you to talk with a prospective
lawyer before making a final decision. When you talk with a prospective
lawyer or law firm, you should have prepared yourself and have certain
questions to ask to help you determine whether this lawyer is the best
for you.
When do I get a lawyer for an accident case? Even though it is
often painful or traumatic, you should usually retain a lawyer as soon
as possible after the accident. This allows the lawyer to investigate
promptly and gets someone working on your case. It also usually relieves
much of the stress from the injured party.
Are there any practical considerations to keep in mind when choosing
a lawyer? The lawyer's area of expertise and prior experience are
important. Hawai`i has no certification or specialization programs.
How will I determine whether I want to hire a specific lawyer?
Ask if the lawyer provides a "Free Initial Consultation." During (or
soon after) this first meeting, you can decide whether you want to hire
that lawyer. Many people feel nervous or intimidated when meeting
lawyers. However, remember that you are the one doing the hiring. Most
importantly, the lawyer's services should satisfy you, especially when
you consider the money you will be paying. Before you make any hiring
decisions, you might want to ask certain questions to aid in your
evaluation. You may want to talk to more than one lawyer.
Other questions that you might want to ask the lawyer are:
1- How many jury verdicts and arbitration awards has he or she
obtained for clients in personal injury cases? How much actual court
experience does the lawyer have, including number of trials?
2- What honors or professional recognition has been bestowed upon
the lawyer or law firm? Do the lawyers in the firm speak to professional
groups on personal injury matters?
3- Does the firm or lawyer carry insurance for legal malpractice?
If yes, how much?
4- What is the history of the law firm in litigation cases?
5- How would the case be handled, i.e. would only the attorney
work on the case or would there be Legal Assistants to provide
assistance? Which attorneys would work on or try the case?
6- Does the firm advance costs in the client's behalf or is the
client required to pay all or a portion of the costs before the
resolution of the case?
7- Is the lawyer a member of an honorary organization chosen by
peers?
8- How long has the lawyer or firm been practicing law?
9- What kind of legal problems does the lawyer handle most often?
10- Does the lawyer work for insurance companies?
11- Will your lawyer go to Court?
12- Does the law firm have appellate experience?
Is it proper to ask the lawyer if anyone else will be working on my
case? Since you are the one paying the bill, it is well within your
rights. Ask if non lawyers, such as paralegals or law clerks, will be
used in researching or preparing the case. If so, will there be separate
charges for their services? Who will be consulted if the lawyer is
unsure about some aspects of your case? Will the lawyer recommend
another attorney or firm if unable to handle your case? Will a well-known,
or a highly recommended lawyer, work on or try your case?
What, in particular, should I ask about fees and costs? How are fees
charged? Most lawyers charge a fee of approximately one-third of the
recovery in personal injury cases. Is there an additional fee for trial?
Approximately how much money in costs will be required to handle the
case from start to finish? When must the bills be paid? Will the lawyer
consult you before spending large costs?
When I first meet with my prospective lawyer, should I ask about the
possible outcome of the case? Certainly. Beware of any lawyer who
guarantees a big settlement or assures a victory in court. Remember that
there are at least two sides to every legal issue, and many facts enter
into how it is resolved. Ask for the lawyer's opinion of your case's
strengths and weaknesses. Will the lawyer most likely settle your case
out of court, or will it go to trial? What kind of experience does the
lawyer have in trial work? If you lose at trial, will the lawyer be
willing to appeal the decision?
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