[CAF Note: This question was posed in Ask Catherine. I thought I would ask Matt to provide an answer that reflects much deeper knowledge than mine!]
By Matthew Hale
Finding an excellent attorney depends on what issue you are facing.
Lawyers generally find themselves working in areas of the law: Criminal Defense; Family Law; Civil Litigation; Intellectual Property; Tax; Business Contract, Formation, etc….; and/or Estate Planning and Probate. These are the usual general areas. Within each area of course are sub-specialties. Not all personal injury attorneys do medical malpractice or other nuanced areas of personal injury law. Most criminal defense lawyers do not handle issues involving child protective services, or child dependency issues.
With this in mind, any lawyer that is a “jack of all trades” is probably not who you want. If you want to get an estate planning attorney, you need someone familiar with the tax and estate planning issues, medical care issues, and other issues pertinent to estate planning and asset protection. You would not hire an attorney where the bulk of his/her practice is criminal defense to make sure you have a solid estate plan.
Unfortunately, the law has become too big for general practitioners, because of all of the regulations, laws, and areas of practice. Therefore, finding a trustworthy lawyer that knows who does these things is key. Often, simply networking in your community can get you to this person.
What to look for when meeting an attorney:
- They listen to you and want to know about you. They want to get your story, and then learn about your case.
- The lawyer appears to have at least a modicum of success. That is to say, they have some success. The office doesn’t have to be plush with a high-end German car in the driveway, but I have seen hungry broke lawyers really harm people, because they were desperate to get a case. But, don’t be fooled by an empty suit either. Therefore, look for substance over form.
- Criminal Lawyer: Find one that regularly does jury trials or is not afraid of them. They will have the respect of the prosecutors. A “plea deal lawyer” can also cause you harm, by getting you to take a deal when you shouldn’t.
- Civil Lawyer: Find someone who tries cases, not just brags about settlements. Anyone who tries tough cases has losses. Ask them if they have lost a case. They should be straight about it. If you hire a civil plaintiff’s lawyer or criminal defense lawyer that does not know about The Trial Lawyers College, Trial By Human or is not a member of the local trial lawyers’ association or criminal defenders’ associations, you need to think twice. You don’ t necessarily want a settlement broker you want someone who is a fighter.
- Tax Lawyers: Sadly, the best tax lawyer I had was an enrolled agent. There are good tax lawyers and enrolled agents for different issues. Beware of the ones that think the IRS is an undefeatable beast and only have doom and gloom. They want to take your money and get you a quick settlement that again may not be in your best interest.
- Trust your gut. If you meet with a lawyer and your gut is telling you to run away, then run away.
- There are lots of lawyers. There are lots of okay lawyers. There are fewer good lawyers, and very few great lawyers. I have found that it is sometimes cheaper to pay more for a great lawyer than to go with a mediocre lawyer, who is less competent at handling the situation.
- The law is complicated, so if you get an answer you don’t like, get another opinion. If you get a few answers you don’t like, then you may need to accept that.
Referrals are great way to get started, but you have to meet some people. Specific issues like contact tracing are going to require lawyers who understand Constitutional and Civil Rights litigation. These lawyers are often very specialized and can be hard to find. Getting referrals from other honest trial lawyers are what you are going to find one. You are going to have to interview more than one lawyer. Many civil lawyers do free initial consultations, where they give you a little time to find out what is going on and if they can assist you.
Contact tracing on the level upon which we are facing is relatively new and the area of law is very specialized. There are not going to be very many lawyers who are familiar with the law and ready to litigate over it. It may also have both criminal procedure and civil procedure elements. Therefore, it is going to be a tougher search to find someone. Look for people who do special interest litigation or have notoriety for winning in other nuanced civil rights issues. Ask the local lawyer who they would hire for themselves.
The following is meant to be humorous:
First, you must identify what species of lawyer you want:
- Elevator Lawyer: These lawyers spend a good portion of their days going up and down elevators in tall downtown buildings, working for larger firms. Usually dressed nicely, they can often be found working late into the evening to generate the billable hours necessary for the partners to cover the high overhead. And are often found in small groups, standing in line at the coffee shop or snack bar in the lobby of the building.
- Show Pony: This lawyer can usually be found in an expensive suit, in a very nice office suite. You will find fascinating and interesting diplomas and awards on the walls. You are clearly there to see them, they are not there to meet you. They can often be found in elevators as well, but usually are better dressed than mere elevator lawyers. These lawyers are charming and sometimes well connected. They are also expensive. They can also be confused with the Dog and Pony, but generally can be spotted because their Rolex is real.
- Dog and Pony: The close relative of the Show Pony, the Dog and Pony lawyer is often found on highways. A lawyer of little integrity, they get their prey by charging a lot of money up front and then telling the client they are screwed settle now. Or, they get a personal injury case and settle it as fast as possible without any work. These lawyers are often found in the criminal law setting, with offices near the Bail Bondsman’s. Another close relative is the used car salesman, or life insurance salesman. Often times, these lawyers share a very peculiar behavior where they talk more than you at the initial client interview selling their brilliance. They are also sometimes found advertising on television.
- “He was the president of the AV club in Highschool”: These lawyers ooze “nerd” and you can tell that they probably attend comic con, played dungeons and dragons. Often a close relative of a librarian, these lawyers are very rules oriented. They can spot a needle in a haystack almost instantly and are very good at tax law, administrative law, contract drafting, and estate planning.
- Mighty Dog: These are lawyers, who like a small dog, don’t let go once they have ahold of Goliaths ankle. They just won’t stop. They will take anything to the Supreme Court and then fight on. They became lawyers because of their ideals and beliefs.
- Litigator: These lawyers are generally smart and aggressive. A true litigator will listen and say things like, “I don’ t knows, but we are going to find out.” Litigators are an interesting breed because they like to debate and know the rules of litigation very well. They are however, often confused with Trial Lawyers, as Litigators may be afraid of juries.
- Trial Lawyer: A true “Trial Lawyer” is a rare breed indeed. These lawyers can appear to be Elevator Lawyers and Show Ponies. They have big egos because they have to have big egos. But they are not afraid to lose. They are not afraid to tell you they have lost. These lawyers are in it for the fight. They have all the characteristics of a Litigator, with the added characteristics of a bodyguard. They have been known to bleed for their clients, and usually rise or fall with them.