Step two in how to win a lawsuit: Finding the best lawyer

Here are a few examples of what not to do when looking for the best lawyer for your case:

• Advertisements. In my last blog I advised you where not to go to find the best lawyer – advertisements. See that blog for my reasoning.
• Do not even think about hiring any attorney who contacts you. There are many unscrupulous attorneys who follow police blotters and newspaper articles and make blind calls to those victims offering to represent them. This is unethical in most states, and these people are almost always terrible lawyers.
• Internet searches. This is a very poor tool for finding a good lawyer. I tried looking for a good lawyer in Minneapolis where I have practiced law for 42 years and was unable to develop any search terms or phrases that led me to a list of top-flight attorneys in any given specialty. It appears that most of the lawyers listed have bought their way onto various lists either by paying money to do so or by using tag words in their firm’s literature that causes Google to put their names in the top ten. Occasionally I was able to find a list that did contain a few attorneys who are well respected as top-flight lawyers in their respective specialties, but even then the list did not include many names of people who were at least as good or even better. And those lists also included names of attorneys who are mediocre at best. This tool is clearly not reliable in getting you to the websites of the very best attorneys.
• Lawyers’ organizations – NBTA, ATLA ACTL, DRI, and various state and national bar associations. These are potentially good resources because these groups do have lists of excellent lawyers. Unfortunately, most of these sites do not provide directories of lawyers who are members, so these lists are not accessible to people looking for a lawyer.

Now, let’s talk about what you should do. Keep in mind that the best lawyers get their clients from referrals from two primary sources – happy clients and other lawyers. So that’s where you should start your search.

If you have good friends or family members who have worked with a lawyer they like, ask them about their case, and if it is reasonably similar to yours, ask them about their views on their lawyer. Be specific; don’t just ask them if they liked the lawyer; ask if they had any problems at all, or any concerns along the way. Ask how well the lawyer communicated with them. Ask how well the legal issues were explained to them, how well the lawyer predicted what would happen during the pendency of the lawsuit, and ask them about the fees, whether they felt they got a good value for their money.

If you know any lawyers personally, and if you have respect for them that would be a good start as well. But don’t allow these conversations to be awkward; lawyers who know you may want your case, may even expect your case, even if they are not the most qualified lawyer. If you know the lawyer, you probably already have some sense about their intellect and professionalism. If you do not feel comfortable hiring that lawyer, this person might still be a good referral source for you. Tell them you want someone who is not as close to you and tell them you want a referral to the best lawyer they know in the specialty you are seeking.

If you have had contact with lawyers in other areas, for example, real estate, tax matters, business matters, wills and probate, etc., call them and ask them for a referral.

I think it is wise when you have an important legal case to consider interviewing more than one lawyer. Lawyers do not charge for the first interview, and certainly if you feel anything less than total enthusiasm for a lawyer in the first meeting, don’t sign a retainer agreement at that time; just tell them you want to think about it some more.

Join me next week for Step three in how to win a lawsuit: Define what you mean by "win"