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Hype. Don’t buy into hype. Looking through the yellow pages you will see descriptions such as “swift and successful;” “get results;” and “get what you deserve.” These terms in fact do not promise anything. Also don’t be overly impressed by a lawyer being on a “best” list. In part these are popularity contests which reflect how well known a lawyer’s name is to other lawyers, and only partially measure the lawyer’s ability. Many years ago when my name first appeared on a “best” list, my secretary asked me what was the basis for my being named to the list. I told her the selection process was that publishers of the list telephoned lawyers and asked a question like, “If you had to refer your sister to a family law lawyer in McHenry County, to whom would you refer her?” But then my secretary asked, “How do they first find out about you?” I told her that it was probably a couple of lawyers I knew in Chicago who were considered the top family law lawyers in Chicago and nationally. They were naturals to be contacted as a starting point, and they probably recommended my name for the list. The next question from my secretary was, “Have you ever tried a case against either of them?” I told her I had not. Of course her question was, “How would they know how good of a lawyer you are?”
Some “lists” are more reliable than others. The oldest listing of lawyers is the Martindale-Hubbell law directory. It lists virtually all the lawyers in the United States. Many law firms and many law libraries have the hard copy versions of these volumes. The listings also appear on the web at www.martindale.com. Martindale-Hubbell, on the basis of grading by other local lawyers and local judges, grades lawyers A, B and C. A are about the top 5 percent, B about the next 20 to 25 percent and C and not graded are the rest. When I make a referral for a lawyer outside Illinois I rely on Martindale-Hubbell.
Smart. The first thing I look for in professional persons for the services I will employ, like a physician, is that they are smart. The fact that a person has a professional education, title and license does not mean the person is smart. The old medical school joke is, “What do they call a person who graduates last in his class from medical school?” They call him doctor. A person can be educated, without being smart. Having frequently employed lawyers to serve in my firm I know I cannot teach “smart.” They either have it or they do not. Look for “smart” in a lawyer.
Experience. Also look for experience in a lawyer. A good lawyer is not only smart in terms of native intelligence, but the lawyer is also “street smart” on account of having life experiences.
Graduating from one of the prestige law schools, like Harvard, Yale, Northwestern, and University of Chicago, and especially if the lawyer is near the top of the class, makes it easier to land a position with one of the giant, prestige, law firms, but aside from that, in practice, you can’t tell the difference.
Recommendations. This is probably the best way to determine who is a good lawyer. The best place to seek recommendations about a lawyer is from professional people with whom you have dealt, clergies, medical professionals, real estate sales people, accountants, insurance sales people etc. Most of these professionals have dealt with lawyers on a professional to professional basis. Lawyers are an excellent source of referral to other lawyers. If, for example, you dealt with a lawyer on a real estate transaction or for a will, and now need a divorce lawyer, you should ask this lawyer for a referral.
Friends who have employed a lawyer for the same purpose as you are seeking a lawyer may also be a good resource. Determine, however, if your friend who hired a lawyer in connection with a divorce had the same type of divorce problem that you did. If your friend had a simple divorce, with no contested issues, but you have a child custody problem, the lawyer who handled your friend’s simple divorce may not be suitable to you.
Specialization. You will notice if you read the yellow pages, and other advertising lawyers do, that lawyers never state (or never should state) that they specialize in a certain area of law. While Illinois law recognizes specialities in medicine, it does not recognize specialties in lawyers, except patent and admiralty law. Lawyers may, however, publish they “limit” their practice to a certain field of law, or that the lawyer’s practice is “concentrated” in certain areas of law. Because Illinois law does not recognize specialization by lawyers, the fact that a lawyer’s practice is “limited” to a certain area, or “concentrated” in certain areas, does not mean, as a matter of law, that the lawyer has specialized knowledge in an area of law. At a minimum, however, the fact that a lawyer limits the practice, or concentrates the practice, suggests that the lawyer is confident in those areas.
There are lawyers who advertise they are a “Men’s Rights Lawyer.” I believe this is merely marketing. One lawyer in Chicago has successfully marketed this concept by television ads. Beyond the marketing aspect it could be that the lawyer is genuinely interested in representing male clients, but all things being equal, I would reject retaining a lawyer claiming to be a Men’s Rights Lawyer because the judge will know of that reputation and may not consider that lawyer objective in his approach. Five or six years ago a journalist asked me the ratio between my firm representing men and women. I did not know. I checked the spread for the previous two years and found it was nearly 50/50.
Sympathy. Some lawyers sell how sympathetic they are to you. While sympathy may give you comfort, it will not give you an advantage in negotiating or litigating your case. Look for a lawyer who is objective about your case.
Integrity. A lawyer must have a reputation for integrity, that is, for telling the truth. A lawyer’s word must be the lawyer’s bond. Judges and other lawyers must be able to rely on the representations of the lawyer, whether it is what the law is on a particular subject, or what the facts are. A lawyer’s reputation for integrity may be known in the community, and will certainly be known by other lawyers.
The first consultation. You should determine if there is a good chemistry between you and the lawyer. No matter how good the lawyer is you should also be informed of the fees you will be charged. Most legal work is done on an hourly basis, that is, you are charged a certain dollar amount per hour. Some legal work, for example, personal injury and collection claims, are done on a percentage basis. You should, at the first consultation, determine what the percentage basis is. There is also transactional work, for example, the sale or purchase of a residence. This is usually done on a fixed fee basis. You should determine what the fixed fee will be.
Joe Gitlin’s bias. We can find absolute truth in the pure sciences, such as math. Most other “truths” are relative and subject to the bias of the teller. What is stated above is my version of what is true and it carries my biases. You would not necessarily find the same “truth” from someone else. |
