Step One: Identify what type of attorney can best meet your needs

Many lawyers claim to be experts in all areas of the law. Don't believe it. The laws in each area are complex and changing. The knowledge and skills needed to effectively represent an injured person are not the same as those needed to defend a criminal case or handle a real estate transaction. If you've been injured, the lawyer you hire should be highly experienced in that one area of the law.

Step Two: Generate a list of personal injury attorneys

Advertising

One should use lawyer advertising only as a starting point in assembling a list, not as the basis for making a decision. Advertising allows some lawyers who have little proven ability to claim expertise.

Personal Referrals

Referrals can be a very valuable source of information, but be sure that the person giving you the referral received good results from an attorney practicing the same type of law. For example, ask for a referral for a personal injury attorney, not a divorce attorney.

Other Resources

The Minnesota State Bar Association - (612) 333-1183, (800) 292-4152 - can provide you with a list of lawyers on a county-by-county basis, who have advised the bar of their interest in handling certain types of cases.

Step Three: Research the attorneys on your list

Schedule an initial consultation: There should not be a charge for an initial consultation with a personal injury attorney; they typically do not charge by the hour. During this interview you can begin to assess the experience, knowledge and personal qualities of the attorney, but it is not reasonable for a would-be client to expect free advice or to be told how to conduct his/her own case. In the initial interview, you can assess these things:

Personal chemistry

The rapport between attorney and client is one of the most important elements of a successful partnership. If the attorney listens to you, understands your situation, is responsive to your needs, and is able to communicate with you, then he or she will be better able to effectively represent your interests.

Experience in personal injury law

Ask how many personal injury claims he or she has handled. Don't assume that the longer an attorney has been in practice, the more experience he or she has in personal injury law.

Certification

In order to become certified in civil trial practice in Minnesota-as Jim Suk is-an attorney must practice trial work for a certain number of years, complete a specified number of trials, receive recommendations from colleagues and judges, and pass a comprehensive examination.

Peer Ratings

Lawyers are rated by their peers in private, well-respected publications such as the Martindale-Hubbell Law Directory. As a lawyer gains experience, he/she entitled to consideration for a higher rating by his/her peers. Additionally, lawyers are rated on their ethical standards.

Firm size / location

Don't assume a large metropolitan firm can provide better legal representation than a small local law firm. Technology has allowed smaller firms equal access to legal resources and they are much more likely to be able to provide you with personalized service at a more convenient location, for the same or lesser price.

Support staff

A knowledgeable and experienced support staff is key to a top-notch personal injury practice. Find out what support personnel will be directly involved in your claim, what qualifications each possesses and what role each will play in the handling of your claim.

Bar admission

Is the attorney admitted to practice law in Minnesota? This is a basic requirement.

Ethical reputation

The Office of the Lawyers Professional Responsibility Board investigates ethical charges filed against attorneys. If you ask, the Board will tell you whether a specific attorney has ever been publicly disciplined for ethical violations, an important consideration when entrusting a significant responsibility to someone who is otherwise a stranger.

Malpractice insurance

While it may be difficult to broach the subject, it can be an important indicator of quality. Malpractice insurers do a thorough evaluation of an attorney before they agree to insure. They do not issue large coverage policies to suspect attorneys. Second, if your case is a substantial one if will give you peace of mind to know that if a critical error is made, you can be assured that your claim is honored.

Fee arrangement

If the lawyer and injured party agree to enter into an attorney-client relationship, there should be a written agreement specifying the contingency fee (usually one-third of money recovered in a trial or out-of-court settlement) and types of out-of-pocket expenses likely to be incurred in preparing your case. Handshake agreements are unacceptable (and unethical).

When an attorney takes a case on a contingency fee basis, he/she is gambling on the outcome, so the percentage may vary based upon the difficulty of the issues and the amount of award sought. Since attorneys virtually all charge the same amount, the consumer has no reason to select a less qualified practitioner. Usually, when one is offered a cut-rate on fees, there is a reason for it.

Checklist:

With the foregoing in mind, here's a checklist which you can print off and use when selecting an attorney to represent you in your personal injury claim:

• What percentage of the attorney's practice is devoted to representing injured persons? Unless that percentage is high, the attorney may not be current in the rapidly changing law.
• How many cases per year does the attorney typically handle and how many does he/she try?
• Is the attorney certified as a Civil Trial Specialist by the State Bar or by the National Board of Trial Advocacy, and if so, for how long?
• Is the attorney recommended by someone who has personal knowledge of his/her ability and proven track record?
• Was the attorney referred by people in the same profession or engaged in the same business, such as personal injury insurance adjusters? It is not unheard of for an adjuster to attempt to influence a claimant to engage an attorney who does business with the adjuster's company.
• Does the attorney or his/her firm routinely (or presently) represent the other party's insurance company in any other matters? If "yes," seek another attorney.
• Has the attorney ever been subjected to public discipline by the State Bar Association? If so, for what reason?
• What is the attorney's Martindale-Hubbell peer rating (i.e., "A," "B," "C" or "unrated") and ethical rating (i.e., "highly recommended" or "no recommendation")?
• Is the attorney's personal manner and communication style consistent with your own?
• Is this an attorney who appears prepared to listen to you and take action for you in your best interests?
• Is the attorney/firm easily accessible?
• What kind of support staff will be working on your case?
• Is the attorney licensed to practice in the location where the case would be tried?
• Does the attorney carry professional malpractice insurance in at least the sum of $1,000,000.00?
• Is this attorney's fee arrangement consistent with that of other personal injury practitioners