Hiring The Right Lawyer Can Be
A Challenge
We live in an extremely litigious society with an abundance of lawyers to choose from. You would think that with all of this legal advice so readily available, it would be easy to find a qualified lawyer to represent you, but that's not necessarily the case.
We recommend that you interview two or three lawyers from different firms before making a decision on who to hire. Furthermore, you should ask these lawyers as many questions as necessary until you are completely satisfied that the lawyer you choose has the expertise to represent you properly. Since an insurance claim dispute can take many years to resolve, you must have total confidence in the lawyer you hire. For this reason, the lawyer needs to be available both in the short term and in the long term, and he or she must be prepared to handle your case for as long as it takes to settle. The following are some of the key issues you should consider before hiring a lawyer.
Can a lawyer who practices general litigation represent you properly?
Legal disputes are complex, and unless the lawyer is experienced in litigating all types of insurance claim disputes and personal injury cases, your chances for success may be limited. To use an analogy, if you required delicate spinal surgery, would you want a general surgeon to perform the operation, or would you insist that an experienced orthopedic surgeon handle the scalpel? Similarly, a personal injury lawyer would be far more effective in handling a disputed insurance claim than one who practices general litigation.
Does the lawyer work for any insurance companies?
You should ask the lawyer if he or she or their law firm does any work for insurance companies, especially the one you are in a dispute with as this may be a conflict of interest. Many lawyers work for both claimants (plaintiffs) and insurance companies (defendants), and this may give them greater objectivity. For some however, this may weaken their resolve to fight hard and cause them to be a lot less aggressive in the way they handle your case because they don't want to risk losing future business from the insurance company.
Is the lawyer accessible, and does he or she have time to devote to your case?
If you have concerns about your case, can you call and speak directly to the lawyer, or meet with the lawyer to discuss your case, at least within a reasonable time frame? Some lawyers will say "yes" before hiring them, but afterwards, when you want to speak to them in person or by telephone, their availability may be limited. You should ask the lawyer their practice regarding this issue prior to hiring them. Furthermore, some lawyers are so backlogged that they may not have the time to start working on your case or give it their full attention for many months, even years. You should ask the lawyer to put in writing the process that he or she intends to take, the time frame that your case should take to settle, and any possible impediments to your case. No matter how experienced the lawyer might be, or how honorable their intentions, if they can't resolve your case in a timely manner, you may need to keep looking.
How much do most lawyers charge, and when do you pay them?
Most personal injury lawyers will represent you on a contingency fee basis. This means they do not require you to pay them any money up front, but are willing to wait until your lawsuit settles before being paid. Assuming that your case settles favourably, they will take a percentage of the proceeds recovered from the insurance company—usually between 15% and 35% of the total amount recovered. However, if you should lose your case, you may not be required to pay the lawyer any fees.
Although a lawyer may be willing to wait until your case settles before being paid, at a minimum, they may require you to pay disbursements as they occur. These are the expenses that a lawyer pays on behalf of their clients for items such as a physician's report or a medical assessment, or to pay an expert witness. Depending on the case, the disbursements could be substantial and some lawyers are not prepared to carry these expenses as there is no guarantee they will recover them. Furthermore, this could become a conflict of interest as the lawyer would have a financial stake in your case which may cause them to pressure you to settle, even if you disagree with the amount offered. Prior to hiring a lawyer, you should ask them to provide you with a Retainer Agreement that outlines their services, fees and terms of payment.
What should you do if you think you have hired the wrong lawyer?
Insurance claim disputes can take years to resolve and you will likely spend a great deal of time with your lawyer. Unfortunately, issues such as a personality conflict or delays with your case can put a significant strain on the relationship which could affect your ability to trust the lawyer's advice and could ultimately affect the outcome of your case. If you have lost confidence in your lawyer or are finding it difficult to accept their advice, you may need to make a change. Although this could cause a delay in your case, you need to weigh this against the fact that your entire financial future is at stake. If you would like another opinion, we can refer you to one of many lawyers who are experienced in dealing with all types of insurance claim disputes and personal injury cases and have won numerous cases against insurance companies. However, even if we refer you to a lawyer with many years of experience, there is still a significant obstacle to overcome, and that is; where will you find the money to live on until your lawsuit settles?
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