HOW TO SELECT AN ATTORNEY FOR YOUR PERSONAL INJURY CASE

 

Attorney Joseph Taraska in this interview explains what you may want to take into consideration when selecting a personal injury attorney and evaluating his work on your case. As a prelude to the article, we asked attorney Joe Taraska to explain his experience in this field.  He explained that he graduated 1^st in Law from the United States Air Force Academy in 1969. As a result of his academic standing he was selected to attend the University of Pennsylvania School of Law and upon completion returned to the Air Force as A Judge Advocate.  Attorney joseph Taraska was subsequently competitively selected as one of six Air Force wide Forensic Medical Consultants.   To prepare for this work, in 1974 he attended the Armed Forces Institute of Pathology.  Following his Air Force career, he founded his own firm in Orlando Florida where he specialized in medical malpractice, health law, and product liability.  Attorney Taraska is also the author of two textbooks on health law and numerous chapters and articles on the subject. He currently practices Complex Litigation which includes medical malpractice, health Law, and Products Liability at the national firm of Morgan & Morgan P.A.

Of utmost importance, Attorney Joseph Taraska is of the hope that neither you nor your family ever suffers an injury that requires the services of an attorney to make a claim for just compensation.  However, if such an unfortunate event should befall you or your loved ones Attorney Taraska wants to help ensure that the attorney you select will excellently prosecute your case and that you have the tools to properly evaluate his/her work on your claim as it progresses.

As a starting point, Attorney joseph Taraska is confident that you are aware of many sources to begin your selection.  These include of course advertising, word of mouth, and the internet.  However, Once you have selected a name it’s important to know who exactly will be working on your case.  Some services simply serve as a referral base and do no work themselves---rather they select attorneys for you using their criteria and not yours. If possible, it may be best to select the attorney yourself and then evaluate his credentials. 

The first step in evaluating an attorney should be the State Bar Association.  Every state has such a professional organization and their information is public.  For example, if in Florida you would simply type into your search engine Floridabar.org.  Once on this site, you will be able to determine how long the attorney has practiced, whether he holds special certifications such as “trial law”, his areas of specialty, and whether he has been disciplined.  Attorney Joe Taraska explains that your next step should be to consult various rating agencies---but notes not all are the same.  Perhaps the most well-known among attorneys are Martindale and Hubble.  They can be found on your search engine at Martindale and Hubble.  This is a free service to the public.  It rates attorneys on a lettered basis with AV being the highest rating in legal ability and ethics.  Attorney Joseph Taraska notes that of prime importance is that their ratings come from Judges and attorneys in the community where the rated attorney practices and are generally well considered.  Following these professional ratings, one may want to consider reviews.  When doing so be sure to check to see if the review is written by a client.  Look for details concerning the representation.  Some of the better-known reviewing agencies are AVVO.com, Lawyers.com, and LinkedIn which although written by the attorney do contain useful information.  Finally, ask the attorney for a copy of his Curriculum Vitae setting out his experience.

Once you have evaluated the attorney ask to see a copy of the contract he will use for your representation.  Attorney Joe Taraska notes that most of the language in such contracts has been required by the state Supreme Court---but there are some differences.  Personal injury cases are generally handled on a contingency basis.  In other words, if there is no recovery there is no fee.  However, costs are different than the attorney fees.  Ensure that the contract provides that if there is no recovery the costs which have been carried by the firm are forgiven and not your obligation. When considering costs you also want to know how the firm is financing these items.  Attorney Taraska notes that some firms borrow the money while others have sufficient resources to fund their cases.  Regardless of which method is used, ensure that the firm is sufficiently solvent to carry your case to completion.  Recently, there have been companies that have offered to ensure the costs of litigation.  If this method is used ask the attorney who is responsible for the premium.

Attorney Joseph Taraska also notes that although fees are generally set in contingency cases by the State Supreme Court---there are circumstances where the percentage may increase or decrease depending on the complexity of the case.  If increased, the fee proposed may need to be approved by a Court supervising the case. In any event, Attorney Taraska notes that although fees are generally set there is no shame in attempting to negotiate with the attorney at the outset of the case.

Additionally, when reading the contract ask for an explanation of the cancellation clause.  If an attorney has put in considerable work and expense you may be liable if you cancel.  However, in the event, the attorney is simply not performing and you are canceling for “Cause” you may see a clause in the contract absolving you of responsibility.  If this becomes an issue and you cannot reach an amicable resolution you may take your complaint to the Bar Association which generally has procedures for resolving such issues.

The key is to understand the contract before signing.

Finally, Attorney Joe Taraska notes that once the representation has begun you should continue to evaluate the work as it progresses. Your attorney should be in touch with you on a fairly regular basis---perhaps once a month in protracted litigation---to give you updates.  You also have every right to call for information---return calls should be within a day or two---if the attorney is busy, his staff paralegal will probably be able to keep you informed.  Mr. Taraska also finds that clients may benefit from asking to receive important documents such as copies of the complaint, interrogatory answers, and even certain deposition transcripts.  Although not necessary, they are a source of information on the progress of the case.  Lastly. Attorneys are required to keep an itemized record of costs they incur in the file.  You as the client have the right to review this periodically.  Like other documents, it can provide you with information on the progress of the case.

A last bit of advice from Attorney Taraska---Don’t be shy---The lawyer works for you and you are entitled to ask questions.  It’s your life.