Back to business today, now that the Thanksgiving turkey leftovers are gone!
We talked a few days ago about some of the ways to find and choose a lawyer, specifically, personal recommendations and the phone book. Today, I’m going to talk about Lawyer Referral Services. These referral services can be run in a variety of ways. Many of them are services coordinated by county or state bar associations in your area. In fact, before the Internet, these were just about the only type of referral services available. With the Internet, there are lots of websites available that “advertise” themselves as “referral services.” Buyer beware! Internet referral services are really nothing more than high tech phone books and should be approached with the same caution as we discussed previously. Right now, I’m going to give you the pros and cons of the more traditional type of referral service, run by a local or state bar association.
Pros: Many state and local bar associations provide lawyer referral services. With these services you are usually able to speak with a live person and describe your legal problem. Referrals to local attorneys who handle these types of matters will be given to you. The referral service may also make it possible for you to obtain a consultation with the attorney at no charge or for a reduced rate. As appealing as this solution to your search may seem, there are very limited advantages to this approach. The primary advantage may be that the bar association providing the service may require that the attorneys participating in the program carry a minimum amount of malpractice insurance. However, when contacting a lawyer referral service, you should ask the representative what the requirements are for attorneys to participate in the service and be on their list.
Cons: While the source of the referral (a bar association) may seem to lend some credibility to the attorney, this is not necessarily true. Remember that the referral service is not recommending the attorney; they are simply pointing you in the direction of attorneys who may be able to assist you. They are usually required to give out three names, so as to not turn the referral into a recommendation. The attorneys on the lists choose to participate in these referral programs. The attorneys are responsible for selecting the areas of law in which they will accept referrals. Therefore, it is possible that an attorney is using the referral service to build up a new area of practice and is not even taking referrals in the areas of law in which he or she is most experienced or capable. The referrals are usually made on a rotating basis on a list; therefore, the person who called right before you may have gotten a referral to the “better” lawyer while you just got the next three names in rotation.
These referral services may also be a revenue raising program for the bar association that sponsors the service. In other words, when attorneys choose to participate in the program, they may also be agreeing to turn over a portion or percentage of their legal fees to the bar association when the case is concluded. In some instances, they may be required to turn over as much as 20 percent of their fee. While on the one hand the attorney may be glad to have your personal injury or medical malpractice case that is worth millions, he or she may also have a lingering resentment throughout your case that so much of their fee will go to the association and not in their own pocket. An attorney’s attitude (conscious or subconscious) can affect outcome.
If you choose this route, you can ask some important questions that may assist you in your final decision. Ask what the agreement between the attorneys and the referral service is for their participation in the program. When you get the names of the attorneys, ask for information about where they went to law school, what year they were admitted to the bar, and if they are licensed to practice in any other jurisdictions. Ask if the attorney carries malpractice insurance.
Remember that these are questions that you should ask any attorney when you interview them to handle your case. Once again – Don’t Check Your Common Sense At The Door (see 11.22.09)…
