This one may get ugly…it’s the personal saga of yours truly as I embark on the process of hiring the right personal injury attorney—for real! The attorneys I’m reaching out to do not know I work for a legal news website. So I’ve got no special “in” here and will live this process just as everyone who clicks that “submit claim” button does. Only, to be fair, I’m not submitting a claim here, where I work. Ready to come along for the ride?
It happens. One day, you say the words, “Maybe I should talk to a lawyer.” There’s an uneasiness in your stomach as the words flow from your lips. But you’ve reached that point where, for whatever reason, you need—and are ready to pursue—legal help.
You might think your next step would sort of be like what you’d do if, instead, you had said something like, “Guess I need to get the car checked.” No. That would be too easy: Pick up the phone. Schedule a time to bring the car in. Done. A pain in the a$$, but easy.
No. When you need to find a good lawyer, you start to feel more the way Rose might in a Dr. Who episode—you know, the parts when she’s all like “But why Doc-tuh?…Doc-tuh?…Doc-TUH?!?” And there’s Rose standing helpless and clueless in the middle of some street while “Doctuh” has disappeared.
And I’m not talking about trying to find your run-of-the-mill divorce lawyer or the lawyer who writes up your will. No disrespect to those folks—but their work, while important and at times quite messy, is pretty straightforward. You know the end goal and pretty much how to get to it. And, chances are, you can get a few good referrals right from your circle of friends. No, I’m talking about needing a personal injury attorney. Things start to get murky when you’re in the land of “harm”, “damages”, “wrongdoing”, and the ever-popular “pain and suffering”.
So here I am, muttering that “get a lawyer” phrase and…I’m stymied. Yep. Don’t know where the hell to start. And here’s the part I want y’all to remember: I WORK IN THE LEGAL INDUSTRY. So for those of you who do not, and who are either on this journey or have been on it, please know I have no special “in” that I’m using and yes, I really am feeling your pain. Really.
Now, before you even get to picking up your mobile to dial 1-800/888/877/866-INJURY-NOW or whatever cute & catchy vanity phone number you saw as you blew by that billboard on Route You-Name-It, you hesitate. You don’t even know if you SHOULD call an attorney, right?
Maybe you’re overreacting. Being a bit prickly. A wuss. After all, people (the media?) always tend to show potential plaintiffs in the worst light: we’re all opportunists (hot coffee lawsuit anyone?). Or, we just don’t suck it up. So there’s that stigma to reconcile with yourself at the outset. And let’s face it, most people really don’t want to be litigious. It’s too…confrontational.
Then, there’s all that imagery of advanced learning—framed certificates of this or that, suits & ties, mahogany everywhere and built-in bookcases with series upon series of books that all have that same monotonous red & gold leaf binding. Who are these people? And who the hell wears a suit all the time anymore?
It’s off-putting. You feel self-conscious, insignificant, daunted and on the defensive before you’ve even opened your mouth or shaken any hands. Why is it that those legal help billboards scream “Come On In!” and yet for some reason you still don’t feel that welcome feeling? As someone whose background is in marketing—yea, I drank the “consumer’s always right!” kool-aid and am a strong believer in transparency—if I had the option to shop elsewhere for legal help—for example, maybe my mother-in-law who’s been known to put up a good fight (and has no problem stating her mind) would like to represent me. I’d get her on contingency. But there’s that lousy requirement about being admitted to the bar. Excuse me, The Bar.
So here we go. I’ve weighed the pro’s and con’s—as much as I know of what those could possibly be—and I’ve decided to go for it. I’m going to find an attorney! I’m going to right the wrong!
Not so fast.
You thought you’d walk into the lawyer store and pick one off the shelf, eh? Thought they’d have your fit, size and color right there for the taking? Silly you. Well, actually, not silly you–after all, that’s sort of how you find a doctor, right? You figure out what part of you ails and you get a doctor who works on that part.
Ahh, but just try to let your fingers do the walking in the Yellow Pages (online edition, of course) for a lawyer, it’s not like they’re listed by the lawsuits they work on. Go ahead and see for yourself. Search for “lawyer” and you’ll be given some options to further filter your search. One of those options is “Personal Injury Attorney”. Think you’ve found your match? Think again!
No—the lawyer who argues the case about Yaz birth control is NOT the same guy (or gal, we don’t discriminate here) who argues your wrongful termination case and is NOT the same guy/gal who even might argue your egress/regress employment issue! And see—I’ve already started with the jargon—WTF is egress/regress?!? (Yes, I know what it is…I’m making a point.)
That will be your first surprise. Which you won’t necessarily know unless you actually MAKE CONTACT with someone at the law firm you’re trying to connect with, and they tell you in so many words that you’ve got the wrong address (aka, the proverbial “I don’t really handle those cases” line that tells you you’re not welcome there, but does not quite tell you where you should be.)
Frustrated yet? And you’ve only just begun (nod to The Carpenters).
So, first, you need to know what your problem is. It’s not all that difficult, but no one REALLY explains that well up front. So, if it’s employment-related, you need an employment lawyer (in your state of employment, I might add). If it’s a medical device problem, you need a medical device attorney. Tracking with me? Good.
So that’s where I am in this process. I’ve figured out my problem, figured out the kind of attorney I’m looking for, and now I’ve started to reach out to them. IMPORTANT NOTE: The easiest/best thing for me to do would be to submit a claim form to request legal help right here on LawyersandSettlements.com (shameless plug)—after all, my claim would go to at least three good lawyers—shotgun style! I like that! But, again, that would be too easy and I don’t sh*t where I eat… So I’m out on the “open market”, so to speak.
I won’t name names throughout this process. But come along with me and we’ll share our pain. And we’ll ask the question (quite often I might add): Why is it so hard to find a lawyer? And maybe, just maybe, we’ll make it better somehow.
Stay tuned.
LawyersandSettlements.com receives a lot of inquiries asking whether or not it’s really necessary to obtain a lawyer if you’re trying to file a lawsuit. Pleading Ignorance is responding to all those questions and the answer is…yes, and no. But there’s a very simple and basic “litmus test” you can try to help you figure out what—or who—you need..
One way to help determine whether you’d benefit from having a lawyer is to consider how much is in it for you. Now, that might sound a bit opportunistic, and to some degree it is—but it’s also the reality of most personal injury lawsuits: someone’s been injured, someone caused the injury, and damages will be due. The question everyone wants the answer to is “how much?”
While you won’t be able to gauge exactly how much you might receive in damages—nor will anyone else until your case unfolds–you probably will have an estimate of what your out-of-pocket expenses have been for things like medical care, physical therapy, car repairs, lost wages…things like that. Once you add those up so you have a rough estimate (keeping in mind it will most likely not include everything you might be able seek damages for in an actual lawsuit), your next step is to visit your state’s Small Claims Court information center to find out what the maximum damages your state allows are—that’s the maximum you’d be allowed to recover in Small Claims Court.
If your expenses, as a result of the harm or injury done to you or your property, exceed your state’s maximum allowed damages in Small Claims Court, chances are you’ll need to consider a formal civil lawsuit, which in most instances will require a lawyer. Formal civil lawsuits need to follow civil procedure (i.e., “Rules of Civil Procedure”), and that process tends to be a bit (ok, a lot) more complicated for most folks. So if you’re seeking to recover damages that exceed what you’d potentially recover from Small Claims Court, an attorney can help you navigate the process and the filing of all the necessary forms and paperwork.
The following is a list of links for each state’s Small Claims Court information:
If after reviewing the expenses associated with your injury you conclude that the damages you’re seeking would be more than what your state Small Claims Court allows, you can submit a complaint for an attorney to review here.
For additional state legal news and information, visit our State Law Pages.
Lawyers Giving Back looks at a side of lawyers you don’t hear too much about—the side that gives back…pays it forward..and shares the love. We’ve found quite a number of attorneys who log non-billable hours helping others—simply because they believe it’s the right thing to do. Their stories are inspiring, and hey, who knew lawyers were so…good? If you’ve got a story to share about an attorney who’s doing the right thing, let us know—we’d love to let others know, too. Today, we’re talking with attorney Douglas Fox of Cozen O’Connor law firm…
US military personnel have legal issues just like everybody else. And last year, the American Bar Association (ABA) saw a need to reach out to US servicemen and servicewomen and connect them with lawyers who were willing help on a pro bono basis.
“We jumped at the chance,” says attorney Douglas Fox, whose firm, Cozen O’Connor, was asked to become one of the founding members of the ABA Pro Bono Military Project.
“We thought it was an incredibly exciting and humbling responsibility and opportunity to help active servicemen and women. If you are going to be deployed to Afghanistan or Iraq, the last thing you need is a legal problem on your mind and we felt this was a way for lawyers to give back.“
Even before volunteering to be a founding member of the Pro Bono US Military Project, Cozen O’Connor had an impressive pro bono track record. Last year alone according to Fox, who heads the firm’s pro bono committee, Cozen O’Connor attorneys did more than 16,000 pro bono hours—with a total time value of some $6 million.
“These were hours given to those who otherwise would not have been able to access legal services,” says Fox. “We handle all kinds of pro bono cases, from very high visibility cases to cases that don’t make the headlines, like the pro bono military project cases, but they are equally important to us and they are, of course, important to our clients.”
In the high-profile category you can include Lozano v. Hazelton, a civil rights case that is now before the Supreme Court. For the last four years, along with the American Civil Liberties Union (ACLU) and others, Cozen O’Connor has being fighting a Hazelton, Pennsylvania city bylaw that would punish landlords and employers who rent to or hire so-called illegal aliens.
Cozen O’Connor has several hundred lawyers with 20 offices across the US and is also represented in London and Toronto. Although it is a general practice firm, its lawyers don’t do a lot of family law. With the Pro Bono US Military Project, Fox says, “This is an opportunity for our lawyers who don’t practice family law to go outside their comfort zone. It is something that lawyers who take on these cases are anxious to do because they know the need is so great.”
“Many of the cases are family law cases. They are adoptions, child support, divorces—cases of that nature. They are issues that need to be dealt with in order to put the minds of the servicemen and women at ease,” Fox adds.
“There is no question, even today with this program, not all of the legal needs of military personnel are being met,” says Fox. “Even with the great work of the ABA Pro Bono Military Project we know there are needs that are not being met, however, we have been very excited to do what we can do.”
Douglas Fox concentrates his practice in subrogation and recovery, property insurance, commercial and civil litigation. Before joining Cozen O’Connor in 1985, Fox served as an assistant district attorney in Philadelphia. Fox has also previously served on the board of directors of the Philadelphia Committee to End Homelessness.
LawyersandSettlements.com has a new column that looks at a side of lawyers you don’t hear too much about—the side that gives back…pays it forward..and shares the love. We’ve found quite a number of attorneys who log non-billable hours helping others—simply because they believe it’s the right thing to do. Their stories are inspiring, and hey, who knew lawyers were so…good? If you’ve got a story to share about an attorney who’s doing the right thing, let us know—we’d love to let others know, too. Today, we talk with Attorney Odis Williams of The Law Offices of Odis Williams PC…
Attorney Odis Williams says he still has student loans to pay off—and he has a fiancé. “Yes, those are both expensive!,” says Williams as he tries to grab lunch during another busy day. Although most of his practice is devoted to civil litigation and small business corporate law, he finds the harrowing stories of some people, especially women, so compelling that he makes time to do pro bono work for them.
“Right now I am trying to secure support payments on behalf of a woman who was abandoned by her husband,” says Williams. “She has had six surgeries and she’s been fighting for her life after a kidney transplant—while her husband of 20 years lives comfortably with a younger woman.”
“She’s a very sick woman who has put up with a series of infidelities. She broke down and cried as she told me the story,” says Williams. “I had to help.”
As young lawyer, Williams says, it wasn’t long before he realized how many people there are who have no resources and are struggling to handle legal problems. “I realized how fortunate I was,” says Williams. “We didn’t have much money when I was growing up, but my parents gave us support, stability and love. We all went to college and I know I am lucky, even blessed.”
“So as my practice grew and I could sustain an office, a home and everything else, I just felt an obligation to step up when I can,” says Williams. “The cases I take on are the really ugly, nasty ones, where people find themselves in a very bad position.”
Williams is also working on a complex child custody case on behalf a young woman whose husband was falsely accused of molestation. “The child’s biological father seized the opportunity to leverage the accusation and the woman has not been able to see her child for months,” says Williams. “The husband was exonerated, there are no problems in the home and the situation is completely unfair.”
The woman is a stay-at-home mom with little education and few skills. “She didn’t have a driver’s license or even know how to drive,” says Williams. So he helped her find a job, get a new apartment and reorganize her life to make a better impression on the courts. “We wanted to show she was a fit mother,” says Williams. “You end up being a psychologist and a counsellor and everything else when you take these cases.”
Williams could spend all of his time doing pro bono, but of course, that isn’t possible. “I have to consider what else I have going on—how much time I have to give to pro bono work and I have to consider the obligations I have to my paying clients,” he says. “I don’t want to let anybody down.”
“I have another lawyer who works with me and a paralegal and it is a busy office,” says Williams.
Williams is currently litigating against a number of banks on behalf of homeowners in foreclosure disputes.
Odis Williams is a graduate of the Georgia State College of Law. He also holds an MA in public administration from the University of South Carolina. The Law Offices of Odis Williams, located in Decatur, Georgia, handles business law and civil litigation.