How to choose the best lawyer when a loved one or friend is wrongfully injured or killed.

Almost every client has asked me what is most important in hiring an attorney in a wrongful death or catastrophic injury case?          

(A useful checklist of questions before you select an attorney are below!)

1. AV Rated by Martindale-Hubbell (Lawyers rate … not hate, each other)

An excellent place to start is whether the attorney is rated "AV" by Martindale Hubbell.  The "A" represents the highest level of competence and the "V" means that the attorney, as judged by peers, has the highest ethical level.  If you start at #Martindale and consider an attorney that is anything less than "AV" … your search become much more complicated.  In part, the reason that Martindale is so important is that this is an organization that is truly un-biased and considers all factors in their ratings.  (Click here and a helpful video will open in a separate window.)

2. Board Certified by the National Board of Trial Adovacy (NBTA)

In regards to pre-trial and trial practice, an attorney that is Board Certified has essentially taken a second bar exam.  (Board certification for lawyers is very similar to the same type of system for highly qualified physicians.)  This exam tests not only civil procedure and ethics but how to maximize a person's claim in Court.  In the State of Indiana, there are very few Board Certified lawyers.  In fact, there are few Board Certified lawyers in the United States.  (Please click to see my NBTA Board Certified profile.)

3. Important questions that potential clients need to have answered by their BOARD CERTIFIED/AV RATED attorney

• Have you been the subject of disciplinary action?  If so, why?
• Have you been sued for legal malpractice and have you paid/authorized a claim?
• What do you do to support the legal community?
• What do you do to support your clients and/or community in general?
• What are your trial results?  Not only wins … but, what was the award?
• What is your track record in terms of cases that have gone on appeal?  Did your client succeed?
• Do you have the financial resources to pay for all expenses incurred in the case?
• How are attorney fees and expenses paid?
• Are you rated 10/10 by AVVO? (Click here for my AVVO profile.)
• Do you have client recommendations?
• If you were previously in a leadership role in any organization, what was that involvement and what do you do now to assist the organization? (The photograph above was taken at the Indiana State House and immediately to the right is the location of the offices of the Indiana Trial Lawyers Association (ITLA).  I am Vice President of ITLA and our mission, in part, is to protect the rights of all individuals for a fair right to trial by jury.  If you want to use the photo for any reason … feel free to do so!)
• What is the American Board of Trial Advocates and are you a member?  If so, why is that important?
• How long has your law firm been a leader in Indianapolis, Indiana and across the nation?  (For Cohen & Malad, LLP …over 40 years!)
• Have you ever served as a Chair of a national non-profit … and, if so, how did that service benefit your clients?
• Will you give a client your cell phone number if there is an emergency?
• Will you visit a client in person to discuss any issue regarding the case?
• Have you been designated as a Superlawyer … and, if so, over 10 years?
• Have you been designated a "Best Lawyer in America"?
• Are you a frequently requested speaker at international, national, state or local lawyer seminars on topics of legal importance? 
• Have you published any peer reviewed/scholarly articles in such publications as Trial Magazine, the publication of the American Association for Justice (AAJ)?
• Do you have more than sufficient personnel to assist the client?  (Quick answer is that we have a terrific group of over 25 attorneys and 30 dedicated support staff … so, we have the resources to help in virtually every claim.[Practice areas also include Class Action, Mass Tort, Business Litigation, Family Law, Appellate, Medical Malpractice, etc.]
• Are you a member of the Multi-Million Dollar Advocates Forum? If so, how did you earn that honor and why is that significant?
• What specialized skill, knowledge, education and experience do you have in the area of law, injury or death that wrongfully occurred?  For example, handling truck crashes, brain injury, catastrophic orthopedic injury, medical malpractice, construction site falls and many of the other ways that our loved ones can be wrongfully injured or killed.
• Do you receive referrals from attorneys?  (We are honored to have many attorneys, physicians and former clients trust us to send their friends and family for legal help in their time of need.  Thank you!  Click on the link to learn more.)  

Before you retain an attorney, you deserve answers to the above questions!

3. Is a lawyer that advertises on TV, billboards, radio, mailing solicitation letters or on the radio a better lawyer than someone who does not?

NO!  Many times attorneys choose to advertise for a number of different reasons.  That does not make that attorney any better or worse.  A person that was wrongfully injured or the family of someone wrongfully killed … simply need to review and compare a prospective attorney's credentials, successes and obtain answers to the important questions like Board Certification, AV Rating and Superlawyers … among other qualifications.    

Does it make sense to hire an attorney simply because they advertise on TV, yellow pages, radio or the side of a bus?  Again, the answer is NO! An advertising campaign does not have any direct correlation to an attorney's capability to protect your financial interests and that of your family.  You only have one chance to make your case, so hire the person and law firm that is best suited to provide exceptional service, knowledge and reputation in the legal community.    

 4.  Is it important to know that your attorney is prepared and ready to go to trial if necessary … and, has the experience to competently handle the case?

 YES!  It is true that most cases are resolved by way of Mediation or negotiation with the insurance company or attorney that represents the negligent Defendant.  But, to maximize a recovery on any wrongful death, personal injury or other claim requires your attorney put the opposition at risk, meaning that there is the possibility of a jury trial.  Being fully prepared and ready to go to trial demonstrates a commitment not only to the client, but keeps the defense team and insurance adjuster fully engaged until the case is resolved.  

If you would like to discuss your case, my qualifications or how my firm offers exceptional service and client care ... please call Dan Chamberlain direct (as promised … my cell phone!) at 317-549-5454 or at the Indianapolis based, yet nationally recognized, law firm of Cohen & Malad, LLP. 317-636-6481.  

Also, let us know if you want to be on our e-mail list or receive other articles and information regarding your legal rights.  

Thanks, Dan Chamberlain

www.CohenandMalad.com/attorneys/Daniel-S-Chamberlain

Follow Dan's Twitter feed: @BrainLawyer

E-Mail: [email protected]

One Indiana Square, Ste. 1400, Indianapolis, IN 46204

Brain Injury; Birth Injury;  Medical Malpractice;  Accident; Motor Vehicle Crash; Truck; Motorcycle; Construction Site Injury; Wrongful Death; Mass Tort; Class Action; Business; Family; Superlawyers; Concussion 

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