Not retaining a lawyer at all. Hiring someone who represents himself or herself to be a “paralegal” or acquiring paperwork from a legal document center can prove costly in time and expense. Many times, clients ultimately find they must hire a lawyer to clean up the mess.
Choosing a lawyer based solely upon price. While fees and costs should be factors when choosing a lawyer, they should not be the only ones.
Making your choice based solely upon the lawyer’s advertising. Expensive advertising, which may include television commercials and catchy slogans, does not necessarily inform the public as to the lawyer’s credentials and ability, particularly as they relate to your case. Like any advertisement, those created by lawyers are designed to attract clients to their business.
Hiring a lawyer based upon his promise or guarantee of a certain outcome. Some lawyers make promises they cannot keep. Those promises are designed to lull the client into retaining that lawyer. Remember, it is the rare case that is a “slam dunk.”
Hiring a lawyer who does not carry malpractice insurance. Drivers of vehicles are required by law to carry insurance before they can drive. Such a requirement ensures the public is protected against injury or loss caused by a negligent driver. A client may not be protected against a lawyer’s negligence if that lawyer does not carry malpractice insurance. Generally speaking, good lawyers carry malpractice insurance.
Retaining the law firm before actually speaking with a lawyer. When a client hires a lawyer, he is entitled to speak and deal with the lawyer. Unfortunately, many clients’ cases are handled by legal assistants, and not the lawyer. The lawyer should always be available to the client. After all, the client is paying for the services of a lawyer.
Failing to research the lawyer’s credentials. Rarely does the client take time to research the lawyer’s credentials, including education, years in practice, primary areas of expertise and number of cases tried and/or handled. The lawyer should have a résumé readily available. Further, a lawyer’s credentials and ratings can be found through sources such as martindale.com.
Hiring a lawyer who does not return telephone calls. The largest number of complaints to the Nevada State Bar encompass the lawyer’s failure to communicate with his or her client. Clients have the right to receive regular communications regarding the status of their case.
Hiring a lawyer who is a friend or relative of someone you know. The relationship between the lawyer and his client should be based upon professionalism, ability and experience specifically related to your business and legal problem, not upon how the lawyer may be related to someone. Hiring a lawyer based on a “lower” contingency fee percentage (generally reserved for accidents and personal injuries). In addition to percentage, a prospective client should inquire about the base on which the percentage is charged. Recently, some lawyers have advertised they charge a lower percentage; however, that “lower percentage” may be available for a limited time, and typically it is also charged against benefits the client will receive irrespective of the lawyer’s help, such as medical payments, health insurance and property damage coverage. In other words, if comparisons are made in terms of what the lawyer charges, they should be “apples to apples,” and “oranges to oranges.” One final note; never, never, never make the mistake of taking the recommendation of a person who “happens” on to the accident scene or emergency room.