Seven Steps for Picking the Best Birth Injury Law Firm

Choosing a law firm is never easy. A commercial on television, billboard on the side of the road, or advertisement on your favorite web page tells you very little about the quality of the firm you select. Recommendations from friends are good, but only if you happen to have a friend who previously had a lawsuit in the same area as you. Referrals from other attorneys who may know the leading experts in the area you need can be helpful. Still, the process of choosing a law firm can be largely mysterious.

Let me help clear it up. If you suspect your child was injured by medical negligence and are looking for the right firm, here are some steps you can follow to choose the best lawyers for the job:

1) Make sure the firm specializes in birth injury cases. Wouldn’t you rather hire someone who is familiar and comfortable with the area? Law firms with lots of experience in birth injury will be far better equipped to deal with your case than those who are new to the field. If you are getting a recommendation, ask to be referred to a firm whose specialty is birth injury.

2) Look at the firm’s credentials and rankings. There are a number of websites and publications that rank attorneys and law firms. These can provide useful information about a firm’s value, success, and reputation. Check out Martindale.com, Best Lawyers, Super Lawyers, and the US News rankings of best law firms.

3) Choose a law firm with medical professionals on staff. Success in birth injury cases depends on nuanced knowledge of both the legal and medical system. If your law firm has doctors, nurses, and other medical professionals working for them, they are better prepared to handle the subject matter and win your case.

4) Make sure the law firm knows how to say “no” to too-low settlement offers. Defense attorneys may offer attractive settlements that may be, in reality, far lower than the actual cost of lifetime care of a severely disabled child. You need an attorney you can trust to turn down offers when appropriate.

5) Pick a firm that has sufficient financial resources. Law suits can take years from start to finish – and when the payout only comes at the end, some firms will not be able to make the necessary investment. By looking at the size of a firm’s staff, the number of years they’ve been practicing, and evidence of successes, you can get some idea of their financial depth. This is needed if you want them to keep experienced attorneys and staff working on your case, potentially for a long time.

6) Do not choose a firm who demands payment up front. Injury attorneys are typically paid a portion of the payout if they win or settle your case. A good firm won’t rush you to sign an agreement if you are still uncertain. Make sure they are easy to reach and keep you updated on the progress of your case.

7) Don’t assume your firm has to be confined to your geographic area. Some larger law firms are licensed to practice in many states.

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How A Violent Crime Attorney Can Help Resolve Cases Before They Are Brought To Court

Not everyone who has been accused of violent crime is guilty of committing it. Many times, individuals have been thrust into court trials with little justified reason. It is the job of a violent crime attorney to ensure that their clients are treated with more respect and discretion.

A competent, trustworthy criminal law attorney can help an accused individual fight his case even before it goes to court. Court trials can be incredibly messy, not to mention convoluted, time-consuming, and detrimental to one’s reputation. Clients can save themselves from the stress and social stigma if their defense lawyer can help them prove the soundness of their defense early on. This can be done through pre-file investigation.

Pre-file investigation is the stage wherein the criminal defense attorney represents the client in an early stage of the criminal process, before formal charges are actually filed by the prosecutor. During this stage, the violent crime attorney can utilize a variety of resources to gain information and evidence to support his client’s defense. The defense lawyer may look up on police investigations, direct public records searches, or consult with psychological experts, polygraph testers, forensic investigators, computer or Internet experts and other authorities.

The main objective is to prevent the criminal complaint from being filed and brought to court. There are two ways to achieve this: the defense attorney can either bolster his client’s credibility or discredit the victim’s accusation. The client’s credibility can be backed up by disclosing favorable private polygraph results or by presenting reference letters from trustworthy parties such as community leaders, religious leaders, teachers or friends. Defense lawyers may also attack the complaint credibility of the victim by uncovering unsubstantiated allegations against others made by the victim or by introducing witnesses to question the reputation and truth of the victim’s accusation.

Is a Lawyer a Debt Collector, and Should You Sue the Lawyer If You Can When Sued For Debt?

As many people know, original creditors are treated differently than debt collectors. The Fair Debt Collection Practices Act (FDCPA) applies, by and large, just to debt collectors and gives original creditors a relatively free ride. So where do lawyers fit in? And should you sue them if you can?

Lawyers Can Be Debt Collectors

Lawyers are not protected under the FDCPA. They can be, and as a practical matter the one suing you probably is, a debt collector. However, if the lawyer is representing an original creditor and acting in its name, he will be treated as an original creditor. If you are being sued by a debt collector, chances are good that the lawyer is also a debt collector, you can pretty much count on it. He can be sued for things he does wrong.

Before you go suing the lawyer, though, there are two things you should know: one has to do with your legal rights, and the other is more of a practical consideration.

Respondeat Superior

There is a concept in the law that makes people responsible for the things people who are acting as their agents do. This is known as “respondeat superior.” With a few exceptions, an employer is liable for the actions of an employee. That means a client is responsible for the actions of his or her lawyer. In general, this means that a debt collector is responsible for anything that its attorney does. Or to put it differently, you don’t need to sue the lawyer to attack the debt collector.

Should you do it anyway, though?

Tactical Considerations

Whether or not it makes sense to sue the lawyer is not an easy decision. I know you take the lawsuit personally-it represents a large threat to your personal and financial well-being. Naturally you want to strike back, personally, at the human person you see on the other side. The question is, though, is this the decision most likely to give you the most benefit? Is it most likely to cause them to drop the case and leave you alone?

I don’t know. Most of the time, the lawyers suing you regard your case from a purely business perspective attempting to maximize their profit and minimize the cost of suing you. And much of my approach to debt litigation has been to suggest that people exploit this business perspective by making your case unprofitable. That is relatively easy to do, although of course this isn’t always enough. If you sue the lawyer, you change her motivation. Then, instead of it being a merely business decision, you increase the personal stakes for the lawyer. It makes things unpleasant for the lawyer, no doubt, but it also motivates them to work much harder in many cases. You have multiplied your enemies.

A Final Legal Consideration

If you are suing the lawyer, your claim is not exactly a “counterclaim.” Instead, what you would probably do is counterclaim under the FDCPA against the debt collector and bring a third-party suit (within the same lawsuit) against the lawyer. The pleading is just called a third-party suit and names the lawyer as third-party defendant and states your claim in the same way the counterclaim did. Then the lawyer has to be served a summons. None of this is specially difficult, but it is time-consuming. Given the questionable benefit of suing the lawyer, I rarely thought it was worth spending the extra time. You’ll have to decide what makes sense to do in your case.