Frequently Asked Questions by Potential Clients
Homework: What You Should Ask Your Personal Injury Lawyer at Your Initial Meeting Before You Hire Them
1. How many years’ experience do you have devoted to catastrophic injury or wrongful death law?
2. How long have you been practicing, and have you been recognized by your peers for your legal abilities and ethical standards?
3. What is your reputation with judges and court system personnel?
4. What is your fee?
5. Will you charge an hourly rate instead of a contingent fee?
6. Are there any incidental charges of costs for phone calls, letters, or emails?
7. How many cases like mine have you handled as an attorney?
8. As a lawyer, how do you feel about negotiation and mediation. Do you prefer to resolve a case inside or outside of a courtroom?
9. Do you provide your clients with copies of all papers, documents, and pleadings regarding his or her claim?
10. How long can I typically expect to wait to hear back from you if I call or send an email regarding my case?
11. Do you have client references or references from peers?
12. Who will be working on my case with you as my attorney?
13. Do you carry professional malpractice insurance as a lawyer? Have you ever received sanctions or ethical violations or disciplinary issues by your state lawyer’s disciplinary board?
14. Have you ever been sued for malpractice or been subject to any criminal charges which may affect their credibility?
15. Do you have a succession plan in the event that you become ill or die during the prosecution of my legal claim?
16. What continuing legal education have you taken this year and in the past few years, and are you compliant with educational requirements mandated by the state Bar Association?
17. Do you publish any articles, lecture, or speak regularly to professional groups or consumers on the topics of law that you practice?
18. What are you like outside of the office? What are your hobbies and what is your personal situation?
19. Most importantly, are my expectations reasonable and do you have the professional and financial resources available to successfully prosecute my claim?
20. Are you in a strong financial position to prosecute my claim?
21. What is your experience as an attorney?
Getting the Answers You Need
1. How many years’ experience do you have devoted to catastrophic injury or wrongful death law?
If you required heart surgery, it is unlikely that you would visit a general practitioner, general surgeon, or neurosurgeon for the procedure. In the field of law, particularly today in a tightened economy, a lot of attorneys claim to do a lot of everything, but in an era of complex specialization, it is impossible to do everything well. You should always ask your attorney what percentage of their practice is devoted to personal injury law and how many cases like yours he or she has successfully handled. Ask the attorney whether he or she will be personally working on your case, or if your case will be delegated to a low level assistant.
2. How long have you been practicing, and have you been recognized by your peers for your legal abilities and ethical standards?
Never be afraid to ask your attorney how long he or she has been practicing law, what schools they attended, and how many cases they have personally handled. Most lawyers are confidentially rated by their peers through a strenuous evaluation process to determine their rating in both legal ability and ethical standards. Lexis Nexis publishes the Martindale-Hubbell review of lawyers annually awarding the highest rating of AV Preeminent to those maintaining the highest level of ethical standards and legal ability. Additionally, ask your lawyer if he or she is independently listed on avvo.com, which rates lawyers based upon independent and unbiased client and peer evaluations.
3. What is your reputation with judges and court system personnel?
Don’t be afraid to ask your lawyer how well they know the judges, key court personnel, and the court system in the jurisdiction where your case is going to be litigated. You certainly want an attorney who has a professional, credible, and respectful relationship with the judges, rather than someone who lacks credibility or does not know the judges at all. Jeffrey Reiff and Raymond Bily have been selected to sit as Judge Pro-Tempores, or volunteer civil judges in the Philadelphia Court of Common Pleas. Acting in their respected capacities as Judge Pro Tempore, Jeffrey Reiff and Raymond Bily evaluate the strengths, weaknesses, and values of personal injury cases brought before the Philadelphia Court of Common Pleas and have successfully adjudicated or mediated the same in the litigation process.
4. What is your fee?
Most successful catastrophic personal injury lawyers who handle product liability, medical malpractice, and car accident cases, charge their clients solely on a contingent fee basis. Ask your lawyer if their contingent fee covers only pain and suffering, or the recovery of medical and economic losses as well. Make sure that the contingent fee is carefully explained to you so that there are no surprises when it comes time for you to receive your final distribution. An experienced personal injury attorney will offer a no recovery, no fee guarantee, and should be willing to advance all of the costs and necessary expenses to successfully prosecute your claim through litigation.
5. Will you charge an hourly rate instead of a contingent fee?
Many times, successful attorneys that charge a contingent fee also offer an hourly rate. Be sure to discuss with your attorney all of the potential and alternative billing rates as well as fee schedules. Remember, like anything else, you get what you pay for. If something seems too good to be true, dig a bit deeper. An experienced attorney with a successful track record may charge a little bit more, but 99% of the time, the final result will justify this cost.
6. Are there any incidental charges of costs for phone calls, letters, or emails?
It is important for all clients to understand in advance if there are any additional charges on top of the standard hourly rate or contingent fee. Don’t be afraid to ask questions and discuss this with your lawyer.
7. How many cases like mine have you handled as an attorney?
This is one of the most important questions to ask. Just as you would not go to an inexperienced heart surgeon or neurosurgeon, why trust your case to an attorney who hasn’t handled hundreds, if not thousands, of cases like yours. The more cases that your attorney has handled in an area similar to your case, the more knowledge this person will have understanding the intricacies and oddities peculiar to each case. Remember, no two cases are alike and when you go to an experienced personal injury or catastrophic accident lawyer with decades of experience, it is like having a suit tailor made by a great tailor rather than purchasing something off of the rack at a discount store. You want to select a lawyer who understands all the nuisances of a particular situation and who is an experienced veteran when it comes to litigation.
8. As a lawyer, how do you feel about negotiation and mediation. Do you prefer to resolve a case inside or outside of a courtroom?
Some clients prefer to fight their case in courtrooms and other clients prefer a softer approach, including, but not limited to, negotiation or mediation. Don’t be afraid to ask your attorney which he prefers and always understand that you should have the final say and use the attorney as a sounding board.
9. Do you provide your clients with copies of all papers, documents, and pleadings regarding his or her claim?
An attorney should make his or her file available to the client at all times and provide the client with copies of everything requested. A good catastrophic injury attorney should not be afraid to allow the client to seek a second opinion if the client has any doubts or concerns. After all, the case belongs to the client, not the lawyer.
10. How long can I typically expect to wait to hear back from you if I call or send an email regarding my case?
The Pennsylvania catastrophic personal injury lawyers of Reiff & Bily always make it a point to return client phone calls as soon as possible and certainly within 24 hours or at the end of day if possible. As we are all equipped with mobile communication devices, there is no reason that an email should not be responded to within two to three hours. We understand that clients have but "one bite at the apple", and that their case represents to them their lost hopes and dreams. It is imperative to have an open channel of honest communication between the client and the attorney. Even if your attorney has the highest ratings and has received accolades from others, if he or she fails to communicate to you, it will lead to a very frustrating and overwhelming experience punctuated with moments of fear and anxiety.
11. Do you have client references or references from peers?
At Reiff & Bily, the catastrophic injury legal team understands that a satisfied client is the best source of new business. We understand that referrals from other attorneys and clients are important to sustain our growth. We always invite our clients to investigate the references of past clients, and welcome the opportunity for prospective clients to contact lawyers who have dealt with us or past clients. Client and peer reviews are openly published and available online at a number of websites including avvo.com, lawyers.com, Google, and other reputable review sites. We have been nominated as one of the Top 100 Trial Lawyers in America by National Trial Lawyers and have received the highest ratings from our peers and colleagues on avvo.com and Martindale-Hubbell with an AV rating. We have received a 10/10 superb rating on avvo.com.
12. Who will be working on my case with you as my attorney?
Successful prosecution of a complex injury, product liability, or car accident claim requires teamwork. Many times, the lead trial lawyer will work with paralegals and secretaries who will be communicating with you in the lawyer’s absence. It is important to know whether the senior attorney or an associate will be working on your file, or if it will be delegated to someone fresh out of law school who is on a learning curve. At Reiff & Bily, we do not believe in having junior associates with minimal experience who are freshly out of law school work on your case. Yes, accidents and mishaps do happen in our profession and we believe that chance favors the prepared mind. When you come to Reiff & Bily, each one of the lawyers working on your case will have at least a quarter decade of legal and litigation experience and be a seasoned and experienced personal injury lawyer. Each member of our litigation team is highly respected and regarded as evidenced in lawyer ratings such as Avvo, Martindale-Hubbell, Super Lawyers®, and National Trial Lawyers Association. We have been honored to have been listed as one of the Top 100 Trial Law Firms in America, Top Law Firms In the Northeast, Best and Brightest Lawyers in Northeastern Pennsylvania, Top Attorneys in Pennsylvania in our field, as well as Top 100 Lawyers in Pennsylvania and Philadelphia.
13. Do you carry professional malpractice insurance as a lawyer? Have you ever received sanctions or ethical violations or disciplinary issues by your state lawyer’s disciplinary board?
In Pennsylvania, a click of the mouse on your computer will take you to the website of The Disciplinary Board of Pennsylvania. The site can be accessed at www.padisciplinaryboard.org. Under the Pennsylvania Disciplinary Board website attorney search tab, anyone can search the history of any attorney who has been admitted to practice and obtain information such as the attorney’s status or whether an attorney has been subject to public or private discipline. The public discipline information is updated within 24 hours after an Order is received by the Pennsylvania Supreme Court. However, the attorney’s address and status information is only updated semi-monthly. The disciplinary system is created and governed by the Pennsylvania Rules of Disciplinary Conduct, a broad set of rules set forth by the Supreme Court of Pennsylvania which carries out its constitutional authority to regulate its practice of law in the state. Often times, complaints can be made against attorneys by consumers and the attorney may be subject to an investigation and if there are any issues, they will be published online at the site.
14. Have you ever been sued for malpractice or been subject to any criminal charges which may affect their credibility?
At Reiff & Bily, we believe that the retained lawyer owes the client the highest duty of care and it is important that you select a lawyer with the highest degree of morality, character, and integrity. We understand that without integrity, nothing stands. Don’t be afraid to ask the lawyer whether he has been sanctioned by any courts, disciplinary agencies, or has any skeletons in the closet that may surface after your case is on the litigation track.
15. Do you have a succession plan in the event that you become ill or die during the prosecution of my legal claim?
Don’t be afraid to ask your lawyer what will happen to your case if God forbid he or she sustains an illness such as a heart attack, diagnosis of a terminal disease requiring outpatient treatment, or, in the worst case scenario, death. Ask who will be responsible for your case to ensure a smooth succession.
16. What continuing legal education have you taken this year and in the past few years, and are you compliant with educational requirements mandated by the state Bar Association?
Many states, including Pennsylvania, are committed to the quality, administration, and education regulation of lawyers who practice in that state to ensure that they have and maintain requisite knowledge and skill necessary to fulfill their professional responsibilities. Each year, every active lawyer in Pennsylvania shall annually complete continuing legal education in the subjects of substantive law, practice and procedure, lawyer ethics and rules of professional conduct, professionalism, and substance abuse, as it affects lawyers and the practice of law. The minimum annual CLE requirement is 12 hours of substantive law effective September 1, 1995, which is fulfilled by attending a required number of CLE courses by providers who are completing a CLE activity by the Board as sufficient to meet CLE general requirements. The attorneys at Reiff & Bily generally achieve well in excess of the mandated CLE requirements and are listed as members of many prestigious legal educational institutions and are members of the following non-inclusive list of professional and educational organizations: American Association of Justice product liability, auto litigation, trucking litigation, medical malpractice, and inadequate security section members; National Trial Lawyers Association; Attorneys Information Exchange Group specializing in automobile defect and product liability litigation; National Brain Injury Trial Lawyers Association; Motor Vehicle Trial Lawyers Association; National Crime Victim Bar Association; and Mass Tort Trial Lawyers Association. We maintain an active engaged presence in these organizations and travel throughout the United States and internationally to attend educational conferences and interact with our peers on a regular basis.
17. Do you publish any articles, lecture, or speak regularly to professional groups or consumers on the topics of law that you practice?
On a regular basis, the attorneys of Reiff & Bily publish consumer oriented articles to inform the general public about interesting areas of law and interesting cases within their realm of specialty. The lawyers of Reiff & Bily also act as expert witnesses.
18. What are you like outside of the office? What are your hobbies and what is your personal situation?
Obviously, when you select an attorney to represent you in a major case, you must make sure that there is good chemistry between the two of you. You can learn a lot about a person by asking them about their extracurricular activities. Don’t be afraid to ask if they have children, where their children went to school, or other questions of curiosity. Although many lawyers may refuse to answer these claiming that they are personal, at Reiff & Bily, we believe that the engagement of a client is an important step and that every client becomes part of our family. We like to establish a common bond and make sure that there is good chemistry so that we can comfortably represent our clients’ interests to the best of our abilities. Make sure that you have an open and honest relationship with all of the people working on your case at the law firm. If you don’t feel comfortable with them in the beginning, it is most likely that as time goes on, you will feel less comfortable.
19. Most importantly, are my expectations reasonable and do you have the professional and financial resources available to successfully prosecute my claim?
Interesting enough, many times, clients will come to see us with unrealistic expectations of the value of their case. They may have spoken to an "armchair lawyer" who happens to be an aunt or relative who is familiar with television shows or soap operas about lawyers or who has heard something down the "gossip lane" at the job water cooler and therefore presents a totally unrealistic and unachievable value of the claim. Many times, desperate lawyers will promise exorbitant amounts to the client and then after the client has signed the contingent fee agreement, there will be excuse after excuse why the amount promised is unachievable. Sometimes, unfortunately, some lawyers will unethically make cash advancements or false promises to sign a case and only later when the client discovers that this lawyer is not well suited to prosecute the claim and tried to leave, he or she will be confronted with a large asserted lien or claim by that lawyer. At Reiff & Bily, we take pride in honest communication with our clients and although you might not like it, we will tell you the "good, the bad, and the ugly" about your case at all times. We believe that an educated and honest client is the best client and we would rather undersell than oversell our services.
20. Are you in a strong financial position to prosecute my claim?
In these times of a tightened economy, many attorneys do not have the financial resources or abilities to go to a bank to secure financing for large cases. After three decades of service and a successful track record recovering millions of dollars for thousands of clients, Reiff & Bily is in a secure financial position and will spend the necessary funds to hire the best experts possible in order to successfully prosecute your case. We do not believe in taking the "easy A" to shortcut your legal case and interests in order to line our own pockets before moving on to the next case.
21. What is your experience as an attorney?
This question will help you get to the bottom of whether the lawyer you would like to hire is a talking head on billboards and television who wouldn’t know how to get to the courtroom if you asked him or her if they are an experienced, respected, lawyer who has personally litigated cases for decades. Many times today, I am barraged by early morning TV commercials or commercials that praise lawyers who have never even tried a case, yet alone taken a deposition. Many of these television advertising law firms employ outside call centers staffing as many as 50 or 60 intake people that screen cases, only to then refer them to other lawyers taking a percentage of the recovered fee. When quality matters most, you deserve personal and individual attention in order to assure the maximum recovery of monetary damages to compensate you for the loss of life’s dreams, hopes, and pleasures. This should never be delegated to a low level associate or a recent law school graduate. Many of these T.V. and billboard law firms operate on a high volume "easy A" formula and refer the complex matters to other attorneys. At Reiff & Bily, we are a hands-on law practice that turns away many more cases than we accept. This allows us to give each client our best efforts, individualized attention, and concentrate on the highest quality rather than quantity of our legal services.
Getting the Answers You Need
We understand that the selection of a lawyer is an important decision often made with confusion, anxiety, and uncertainty. It is important that the client ask these questions as well as any additional questions they may have. Do not be afraid to write down questions to ask the attorney at your initial meeting, and make sure that whatever questions you do have, the lawyer carefully answers all of your questions and you have no doubts before you retain them. Of course, if you have other questions, make sure he is available to answer them. Make sure the lawyer has an open door policy with regard to communications and understand that chance favors the prepared mind.
