Choosing A Lawyer

The process of choosing a lawyer can be difficult and stressful. At just the time when you are preoccupied with serious legal or medical problems, you need to make a good, informed decision about who will represent you.

We hope the questions and answers below help ease your search for the appropriate lawyer, as well as give you a good ideas of what to expect during a visit to a law firm. Also see our section on Selecting an Asbestos Lawyer.

How quickly do I need to find a lawyer?

When consulted promptly, a good attorney can prevent a bad situation from becoming worse. If you are injured or diagnosed with an illness and have a potential claim, you should seek legal advice as soon as possible.

Many states have laws that permit defendants to have lawsuits against them dismissed if they are filed too long after the injured person discovers his or her injury. In California, for example, the time period is two years for most personal injury and wrongful death claims.

These “statute of limitations” laws are designed to encourage people to promptly come forward when they learn that they have been injured and have a right or “cause of action.” Defendants frequently use these time deadlines to prevent innocent victims from recovering for their injuries if too much time passes. The best way to protect yourself and determine the time period for filing your claim is to seek competent counsel as soon as you can.

What should happen at my initial interview with a law firm?

In order to begin preparing a strong case, you should be prepared to answer some basic questions. Have the names, addresses and telephone numbers of everyone connected with your case readily available. Bring all documents including pay stubs, health insurance information, union information and witness contact information to any interview with your prospective attorney.

Brayton Purcell provides potential clients with thorough pre–representation interviews, either by phone or in person, during which we evaluate your case. Our commitment is to serve the client — to provide the best representation, beginning with the interview. Skilled professionals with both medical, construction and other specialized knowledge are trained to go over every detail of your legal problem.

What questions should I ask before retaining a law firm?

After the preliminary interview, a client has the choice to retain a law firm immediately, or ask for further explanations. Ask yourself the following questions before retaining a firm:

• Will you be comfortable working closely with the law firm?
• Do you believe that the lawyer and his or her firm has the experience and demonstrated skill to handle your case?
• Do you understand the firm's explanation of what your case involves?
• Do the fee arrangements seem fair and reasonable?

If any one or more of the answers to these questions is “no,” then you should probably contact a different lawyer. If you answer “yes,” to these questions, then you may have found the right lawyer for you. You need to know your lawyers can accomplish for you what the law allows, have proven themselves in doing so for others who have faced your same circumstances, and will aggressively advance your case while protecting you throughout the entire process of a lawsuit. Insist upon it.

You should be able to tell which lawyer and firm are best for you and your problem after careful evaluation of the firm's experience. The sense that you get once you meet them as it relates to your specific circumstances will tell you whether this is the right firm or attorney for you. Recommendations of others you know and from other satisfied clients can also be helpful. Remember, like so many other things in life, competency and propriety are often obvious — you'll know it when you see it.

What should the lawyer charge?

Just like other professionals, lawyers have business expenses that must be covered by their fees, including office space, staff salaries, office equipment, mail and library materials. These expenses are considered when a lawyer sets his or her fee.

A lawyer must also consider the time that is going to be invested on each client's case. Even when a trial takes only a day or two, a lawyer may spend weeks, months or even longer researching the law, finding and interviewing witnesses, taking depositions, making appearances and preparing documents and evidence for the trial. The more complex the issue, the more time a lawyer may need to spend preparing the case. The lawyer must also consider the risks involved in taking a case, especially if the recovery of a fee depends on a successful conclusion of the case!

Brayton Purcell recognizes that most individuals will not have the necessary financial resources to secure their rights or compensation for injuries they have sustained. In most circumstances, cases are handled on a “contingency fee” basis, meaning the lawyer only earns a fee if he or she secures a recovery for a client. If there is no recovery, there are no attorney fees. This legal fee mechanism enables people to retain top–notch representation without having to pay a large retainer fee or hourly fees that most injured persons are simply not able to afford. A contingency fee agreement must be in writing and it must include the percentage that the client has agreed to pay, among other things. Other fee arrangements, such as an hourly rate, are available.