Eight Questions To Ask A Lawyer Before You Hire Them

Even a state as small as Rhode Island (the nation's smallest state, by the way) has thousands of lawyers, even though it ranks only 22 in the highest number of attorneys per capita. So how can someone weed through all those to find a top lawyer who will meet your needs?

The first thing you need to consider before hiring any lawyer is to decide what kind of lawyer you need. If you are getting a divorce, it's a good idea to pick an attorney who specializes in that area of law. Even if your neighbor is a top real estate lawyer, they're not qualified to represent you in your divorce. Lawyers are not doing you a favor by representing you; they want your business. You are hiring them, so treat them as you would a potential employee.

Lawyer Malpractice

Following are some questions you need to ask a lawyer before you hire them:

Eight Questions To Ask A Lawyer Before You Hire Them

•How much will this cost me? Don't be shy about asking how much the lawyer charges per hour. You should also ask what a good estimate of the final amount will be. If the amount is more than you can afford, chances are-no matter where you live-you can find another qualified attorney to represent you.

•How do you expect to be paid? Hiring an attorney can be expensive. Make certain you ask the lawyer how and when they want their fee paid.

•What is your experience with my type of case? They should have experience with the matter you need resolved. Ask them how many clients they've had and what the result of the cases were.

•Who, exactly, will represent me? Sometimes you go to a large law firm expecting to meet or be represented by the lawyer you see on television. If you're directed to someone else, make certain they are just as qualified to represent you as the lawyer who's in all those TV ads.

•Where did you go to school? This should only be one factor in many that help you to make your decision. Yale Law School producing many fine lawyers, but some bad ones, too. And some of the less prestigious school produce some of the top lawyers in the country.

•How long will the case take to resolve? An experienced attorney will have a pretty good idea who long your case is going to take. You want a realistic assessment, not a sales pitch.

•Do you have malpractice insurance?

•How will you communicate with me? It's important to know who often and in which method your attorney will use to give you updates on the case. You should agree upon a weekly, or monthly communications, depending on the case. Also, do they (or you) prefer phone calls or e-mails?

Finding the right lawyer should be stress free. Many lawyers offer a free consultation. Take them up on this and use this opportunity to ask them questions. If you don't feel comfortable with their style, it might be good to look elsewhere. Depending upon the case, you could spend quite a bit of time with this attorney, so you should feel as comfortable as possible with them. You want to have good chemistry with your lawyer.

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Jane Goodger has worked as a criminal and court reporter for several newspapers in Southern New England. She is now dedicated to helping Rhode Islanders find the best lawyers for their needs at http://www.TopRILawyers.com.

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Dead Man's Family Calls NY Malpractice Lawyer First Before Burying Him

THIS IS A TRUE STORY

A call came in the other day. A hysterical woman was on the phone. Her husband had died just moments ago. The hospital was in New York City. The woman and her family wanted to know what to do.

Lawyer Malpractice

What to do? I'm thinking that they're calling a malpractice lawyer within minutes of their loved one having died, and they're calling me? Wouldn't they prefer to talk to a lawyer until after he's buried? After a moment of pause, I calmly started my inquiry. How old was he? Why was he in the hospital? What do you think was done wrong that caused his death? What is the cause of death?

Dead Man's Family Calls NY Malpractice Lawyer First Before Burying Him

The more questions I asked, the more I realized that the recently deceased husband was sick for many weeks before arriving at his final destination. His wife had read my series of online articles titled "In Case of Death..." His family knew months before this final day that he was the victim of medical malpractice. Despite knowing this distressing fact, his wife decided to hold off calling a medical malpractice lawyer in New York until he died. She didn't want to trouble her husband with the horrible realization that he was dying because a doctor failed to diagnose his lung cancer.

The first question she asked was whether an autopsy should be done. The answer to that question raised a number of very significant issues. The first is religious. The second is the competency of the individual doing the autopsy. First, I'll describe what an autopsy is. Then I'll show you how I answered her pressing question.

An autopsy is a detailed physical examination of a person who has died. The doctor who does this examination is called a pathologist, or a medical examiner. They literally explore the anatomy of the person who died. They look, see, and evaluate the cause of death. In order to do that they need to open and expose every part of the body. They take samples of body tissues and fluids and examine them under the microscope.

Getting back to my answer, I asked their religion. Why did I ask? In some religions there is a prohibition of desecrating a body after someone has died. An autopsy, according to some religions, interferes with a person's ability to go to the afterlife with an intact body. In her case, there was no religious prohibition to performing an autopsy.

The benefits of an autopsy are plentiful. If the exam is done properly and professionally by a physician with experience, the autopsy can yield a great deal of useful information. However, an autopsy is a double-edged sword when evaluating its' usefulness in a potential wrongful death case. Typically, an autopsy will determine why a person died. In many death cases, the autopsy provides not only valuable information about how and why someone died, but also provides useful information to be used against the family at the time of trial.

Here's the dilemma:

In a failure to diagnose lung cancer case we will claim that the failure to diagnose caused the lung cancer to spread and ultimately caused an untimely death. We also allege that had the cancer been detected at an early stage, the patient would have been able to receive treatment and would be alive today.

Let's say the victim was 65 years old and we believe he was otherwise healthy. An autopsy might reveal that he had massive heart disease. An expert pathologist might be able to argue that because of his massive heart disease, his life expectancy- even without any lung cancer- would have been severely reduced. What's the next logical argument the defense will make?

Even if the victim had no cancer, there is still the likely chance that he would have died within a few years, either from a heart attack, or a stroke (from a buildup of plaque), and the failure to diagnose the cancer didn't really shorten his lifespan.

While there are definite benefits to obtaining an autopsy, it is always fraught with the possibility that the defense will have gained useful information to use against you and your family during a wrongful death case. Having said that, it is usually beneficial to have an autopsy. Why? To determine the precise cause of death. Once we have confirmed the exact cause of death, we can work backwards and determine whether this was a slow-growing cancer or fast-growing cancer. The difference is significant and can mean the difference between a valid malpractice case or one that has no merit.

By the time I was finished talking to this clearly distraught woman, I realized that an autopsy would be beneficial for her and her family. It would put to rest idle talk by a few of the doctors that he died from an unrelated illness. This woman needed guidance and information from an experienced medical malpractice lawyer. The knowledge I provided helped her make an informed decision about what to do next.

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Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice and injury cases for over 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there's something for you. See Gerry's website at http://www.oginski-law.com . Call him at 516-487-8207.

Also, go over to http://medicalmalpracticetutorial.blogspot.com for Gerry's free instructional videos on malpractice & accident law.

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Want to Sue a Lawyer? Try These Alternatives to Litigation Before it is Too Late

Are you planning to sue your lawyer because you are not satisfied with his style of working? If yes, it is essential for you to understand that suing an attorney in not the only solution to your problem. In fact, it can even land you in trouble if you fail to prove your claim. Moreover, as such claims are very hard to prove, they often lead to a loss of a lot of time and money. Therefore, it is better to look for alternative options before it is too late.

If you feel your lawyer has not represented you well and has debilitated you during the case proceedings, you are free to sue him/her. However, before considering a legal malpractice claim against your attorney, it is advisable to try the following options to avoid litigation:

Lawyer Malpractice

1) You can replace your attorney with a more competent one in the middle of your on-going case, rather than suing him/her.

Want to Sue a Lawyer? Try These Alternatives to Litigation Before it is Too Late

2) If you want to sue your lawyer because of a fee dispute, it is better to first discuss the matter in detail with your attorney. It is quite likely that things can be sorted out with mutual consent. Alternatively, you can also choose to engage in fee arbitration.

3) If you feel your attorney has violated the professional ethics, it is in your own favor to first report the ethics violations to your state bar association.

However, if you fail to get desired results even after trying the above three options, you may well consider a legal malpractice claim and sue your lawyer. Now, the ball is in your court. It is up to you to take the final decision.

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If you would like to try all possible alternatives to litigation, Visit http://www.freelawyertips.com for free expert legal advice on 'Reporting Lawyers for Ethics Violation', 'Arbitration and Mediation', as well as on 'Settling Fee Disputes'.

Also, find out How to Sue a Lawyer?: Get free tips on suing an attorney before considering a legal malpractice claim.

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