Contents Introduction... 1 Chapter One First Things First... 4 Chapter Two 7 Insider Secrets and Valuable Tips You Must Know Before Hiring a Personal

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2 0 Contents Introduction... 1 Chapter One First Things First... 4 Chapter Two 7 Insider Secrets and Valuable Tips You Must Know Before Hiring a Personal Injury Attorney... 6 TIP # 1: DON T FALL FOR ADVERTISING GIMMICKS THE ANGRY LAWYER... 6 THE LAWYER WITH TV ADS SHOWING CLIENTS WAVING FISTFULS OF MONEY... 7 THE CUT-RATE LAWYER... 7 TIP # 2: NEVER HIRE A LAWYER WITHOUT RESEARCHING CREDENTIALS... 9 TIP #3: LOOK FOR CLIENT TESTIMONIALS TIP #4: DETERMINE IF THE LAWYER ACHIEVED SUCCESSFUL RESULTS FOR CLIENTS IN THE PAST Million Dollar and Multi-Million Dollar Advocates Forum Past Results TIP #5: DON'T HIRE A LEGAL FACTORY OR SETTLEMENT MILL TIP #6: DON'T FALL FOR OFFERS TO SEND AN INVESTIGATOR TO YOUR HOME OR HOSPITAL ROOM RIGHT AWAY TIP #7: EVALUATE HOW YOU WILL BE TREATED Chapter Three What s Next? Disclaimer Bonus Materials 7 Tips for Do-it-Yourselfers A Word about Kay... 26

3 Introduction I have decided to reveal the truth, and sometimes the truth hurts. This book is going to make some of my fellow personal injury attorneys very upset. Some personal injury attorneys have raked in millions of dollars with slick advertising and a back-end operation, which churns out claims like a legal factory. I don t think this is right, and I want you to know why. I was the first lawyer in my family. I have practiced personal injury law for 30 years now, and I know it well. I am old fashioned. I believe that the attorney-client relationship is one of extreme trust. I believe being an attorney is a very honorable profession. I believe that it is my utmost privilege and honor to serve my clients, who in most cases, turn to me when tragedy has struck their lives. One of the best things about my career is the relationships I have formed with my clients. They are a part of me, and I a part of them. Finding the right lawyer for your case can be a two-way street. A really good lawyer also chooses their clients carefully. I have found that crazy clients usually end up with crazy lawyers and crazy lawyers end up with crazy clients. This is how you end up with the angry lawyer shouting at you on television who is looking for clients who want revenge. Or, there's always the 1

4 advertisements showing the client waving a fistful of dollars demonstrating the lawyer is looking for clients who are only after reaping a windfall for their usually minor misfortune. I have established a rule in my practice. I only represent people I like and I only work on cases I believe in. So, if I spot a potential client who is looking for revenge, appears to be looking to hit the lawsuit jackpot or who is trying to deceive me that their injuries are more severe than they probably are, then they aren t the right client for me. In reality, this is very rare. The overwhelming majority of clients who seek my representation are honest, hard-working, tax paying citizens who were minding their own business when someone else s carelessness seriously injured them or tragically killed a loved one. My clients are not focused on trying to get something they re not entitled to. They re focused on the following matters: How am I going to pay my medical bills? Who is going to take care of my family if I can t work? Will this pain ever end? What does the future hold? Will I ever get my life back the way it was? 2 Oftentimes, in the midst of all the pain, grief, and stress they worry,

5 3 "HOW WILL I FIND A GOOD, IF NOT GREAT, PERSONAL INJURY ATTORNEY I CAN TRUST?" I wrote this book as a guide to help answer this question. My mission is to arm you with some tools that will help you find the lawyer that is right for you. By reading this book, you will learn how to identify meaningful information about personal injury lawyers and how to avoid getting sucked in by meaningless, or even misleading, lawyer advertising. If you are reading this, then something bad has more than likely happened in your life and for that, I am sorry. I wish for you a speedy and full recovery. I hope this book will take some of the stress off of you in your search to find the right lawyer for your case and I hope that you will find an ally in your struggle to put your life back together.

6 Chapter One First Things First It is a normal human emotion to try and save money. There are plenty of do-it-yourselfers out there. Big Insurance companies know this and have well-orchestrated procedures for their representatives to utilize when attempting to convince people that they don t need a lawyer. But, make no mistake. The insurance company is not your friend, no matter how nice the insurance adjuster may seem to be. They probably are nice people, but they truthfully are being paid to carry out the insurance company s mission maximize profits by minimizing payouts! In some cases, you don t need a lawyer. You can DIY (Do it yourself). If you were involved in a car wreck and fortunately only your vehicle was damaged, then you can DIY. Or, if you were involved in a car wreck and only sustained minor injuries, then you can get your medical bills together and submit them and you ll probably get reimbursed by the other driver s insurance company. However, if you were seriously injured, you would be foolish to try and undertake the case on your own. Don t be fooled into thinking that just because you have been wronged and seriously injured that a big insurance company is going to step up to the plate and pay you what you deserve. By the same token, not all attorneys are created equal. This means that not every attorney will be able to approach your case with 4

7 the same skill to put together your case and force the insurance company to pay you what is fair. 5

8 Chapter Two 7 Insider Secrets and Valuable Tips You Must Know Before Hiring a Personal Injury Attorney TIP # 1: DON T FALL FOR ADVERTISING GIMMICKS. THE ANGRY LAWYER I've always been baffled by a lawyer who becomes angry about you being involved in a car wreck. It didn t happen to him. Well, guess what? He really isn t angry. He probably is happy you were injured in a car wreck because, after all, your pain is his gain! It s disingenuous. It s acting. It s fake. It s intended to play on your emotions. I am sure you are angry that you were injured in a car wreck, but you don t need an angry lawyer. You need a lawyer who is able to keep her emotions in check and just do her job. You need a lawyer to help you keep your emotions in check as well, so that you don t do something that wrecks your case. Hiring an angry lawyer is a very bad move. Don t fall for it. 6

9 7 THE LAWYER WITH TV ADS SHOWING CLIENTS WAVING FISTFULS OF MONEY Some lawyer advertising is directed at people who were involved in a minor car accident and sustained minor injuries. However, these clients usually believe that they are entitled to a lot of money. There are lawyers out there willing to work with people like this. These types of lawyers have relationships with doctors and chiropractors who are willing to be part of their plan to exaggerate the person s injuries in hopes of getting a big payday. In my experience, insurance companies, and ultimately juries, don t excessively reward people for their injuries. It s hard enough to get adequate compensation for someone who truly deserves it, much less engage in a game to try and get a windfall for someone who doesn t deserve it. THE CUT-RATE LAWYER I spent several years litigating some medical malpractice cases in Las Vegas. You want to talk about tacky lawyer advertising? Well, you can only imagine. The one I loved so much was half-priced lawyers. These lawyers actually had billboards on trucks driving all over town, advertising half-priced services. I am sorry to say that in my head I always thought of them as half-a*# lawyers.

10 Seriously? If you were looking for a brain surgeon, would you look for the half-priced variety? Looking for a half-priced hospital? What about an accountant...looking for half-priced there? Frankly, I don t even think I d want a half-priced hair cut. I don t buy the meat at the grocery store that has been marked down to half-priced, and surely you know why. Similarly, there are lawyers advertising reduced rate contingency fees. That is all fine and well, but I have practiced personal injury law in Dallas for many years and I have never even heard of these lawyers. I imagine their business model is to rake in as many small, minor personal injury cases as possible using this advertising gimmick in order to make a quick profit. I acknowledge that you may be concerned that if you hire a lawyer, the lawyer will end up with all the money and you will end up with very little. When potential clients share their concerns with me, I tell them first and foremost that I haven t stayed in business all these years by cheating people. Secondly, there is no self-respecting lawyer who would resolve a claim, take their fee, and leave nothing for the client. When you meet the right lawyer, you will know who is in it to make money off your misery versus who is willing to undertake your case, work very hard and be fair with you at the end. 8

11 TIP # 2: NEVER HIRE A LAWYER WITHOUT RESEARCHING CREDENTIALS. Just because a lawyer has decided to buy expensive television or radio advertising, or take out a huge ad in the yellow pages, or plaster the freeways with billboards says nothing about their qualifications. Would you hire a doctor because they had a good looking billboard or a catchy television commercial? Of course not. You would want to know about their experience and their results. Lawyers are no different. Any lawyer can claim they are a personal injury lawyer, but you should dig deeper to see what their actual credentials are, and you should look for those who are experienced. There are several independent rating organizations which can be helpful, such as: Board Certified in Personal Injury Trial Law 9 In Texas, lawyers can become certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Less than 5% of all attorneys in the State of Texas are board certified in any specialty and even fewer are certified in Personal Injury Trial Law.

12 In order to be certified, the attorney must have substantial, relevant experience in personal injury law and have also demonstrated and been tested for special competence in that area. Board certified lawyers earn the right to publicly represent themselves as specialists in a select area of law. This designation sets an attorney apart as holding the highest public commitment to excellence in personal injury law. Any attorney can represent himself as a personal injury lawyer and virtually all lawyers charge the same contingent fees (a percentage of your recovery), so why wouldn t you choose a board certified personal injury trial lawyer? It doesn t cost anything more to hire someone who has subjected themselves to the rigorous scrutiny of their peers and the state board, and who is committed to taking ongoing continuing legal education courses, submitting themselves periodically for re-certification. AVVO 10 AVVO is an independent rating system for lawyers that ranks lawyers on a scale of 0-10, with 10 (Superb) being the highest rating possible. The rating model is based on the attorney s relevant experience, any history of disciplinary actions and the

13 attorney s achievements. Beware of the lawyer with no AVVO rating or a low AVVO rating. Considering that you ll pay the same for a personal injury lawyer, why wouldn t you hire a personal injury lawyer who earns a perfect 10 AVVO rating year after year? Martindale Hubbell 11 Martindale Hubbell has been in existence since When I first started practicing law in 1983, I remember the enormous books they published which listed the ratings of all lawyers based upon their years of experience, disciplinary history and the opinions of their peers. This means that a lawyer s Martindale-Hubbell rating has a lot to do with what his or her peers think of their abilities and ethics. This says a lot. This also means that a lawyer's adversaries, as well as their colleagues and competitors, are grading you as a lawyer. So, a lawyer can have no rating whatsoever, or can have an A, B or C, with A obviously being the best. In addition, a lawyer can have a V designation, which means they have very high ethics. So, an AV is the highest ranking demonstrating that the lawyer is considered to have the highest abilities as well as very good ethics.

14 When hiring a personal injury lawyer, find out what their Martindale Hubbell listing is and how long they have maintained it. Look for an AV lawyer for any serious injury or wrongful death case. Texas Super Lawyers 12 Attorneys who have been named Super Lawyers are evaluated on peer recognition and professional achievement. Only five percent (5%) of all lawyers in the United States are named Super Lawyers. Now, some lawyers have a really good year or a significant case and they get the Super Lawyer designation one year, but you want the lawyer who is Super year in and year out. Lawyers who have been named Super Lawyers for ten (10) consecutive years can display a special badge. Seeing a Super Lawyer badge displayed on a lawyer s profile only means that at some point, they got named a Super Lawyer one time. Maybe they were named a Super Lawyer in 2003, but haven t received the award since then. Hmmm.wouldn t you want to know that? Look for a lawyer who has the 10 year Super Lawyer badge. That shows you consistency and not a flash in the pan.

15 13 The Top 100 Trial Lawyers The National Trial Lawyers Association invites 100 trial lawyers in each state for membership in this exclusive organization. Membership is only extended to lawyers who have superior qualifications, leadership, reputation, influence, stature, and profile in the lawyer community. Certainly, it isn t essential to hire an attorney who has attained membership in this organization, but you might want to check to see if the lawyer you select is a member, as it may give you some valuable insight into their legal reputation. TIP #3: LOOK FOR CLIENT TESTIMONIALS. Some lawyers are silver tongued and could sell ice cream to an Eskimo. But, what really matters is what their clients say about them. I m not talking about the fistful of dollars variety. I am talking about people who are willing to give their names and are actually talking about their experience with the lawyer. Did the lawyer communicate with them about their case?

16 14 Was the lawyer hard working? Were they pleased with the results? Did they form a personal bond with their lawyer? Oftentimes, these types of testimonials will be displayed on a lawyer s website. Look for them. Look for real people with real stories that you can relate to. TIP #4: DETERMINE IF THE LAWYER ACHIEVED SUCCESSFUL RESULTS FOR CLIENTS IN THE PAST The Texas Bar has rules restricting what attorneys can say about their past results. The reason is that they don t want attorneys to suggest that they ll get a similar result for your case. Past results can be important to simply let you know that this isn t your lawyer s first rodeo. So, for example, if you have a medical malpractice case and your attorney has never achieved a significant result in a medical malpractice case, then you might want to take a pass. Or, if you have an extremely serious injury or a loved one has died, you want to make sure the attorney has handled very large cases similar to yours in the past. There are several ways to find this information.

17 15 Million Dollar and Multi-Million Dollar Advocates Forum Lawyers who have handled large, even multi-million dollar cases, are more likely to have handled more difficult cases. You don t want your case to be the largest or most difficult case your attorney has ever handled. Lawyers who have successfully handled one or more cases resulting in a recovery of one million dollars or more are entitled to membership in the Million Dollar Advocates Forum. For a very significant case, you should check to see if your lawyer is listed. Past Results The Bar Association can be very sticky about lawyers who list the past results they have achieved for clients. Some do, and some don t. Just because your lawyer doesn t list results on his or her website, doesn t mean they can t give them to you if you request them. Request this list. It doesn t mean that they can achieve the same result for you, because each case stands on its own merits, but it certainly can give you a flavor for the type and variety of cases your lawyer

18 has handled, and a good idea of the type of results they have achieved. TIP #5: DON'T HIRE A LEGAL FACTORY OR SETTLEMENT MILL Find out whether you will be working directly with a lawyer or whether your case will be handled by a claims manager, case manager, paralegal, etc. There is nothing wrong with a law firm employing staff to assist with the work on your case, but you need to know your attorney and be able to interact with an attorney. I have heard horror stories from clients who never even spoke to their attorney on the phone. Their only communication throughout the life of their case was with assistants. Can you imagine being treated by a doctor, but the only health care provider you ever met was the receptionist or the nurse? You deserve a lawyer who will be there with you every step of the way, who will be accessible to you and who will advise and guide you. A lawyer who cranks out assembly line justice may have his interest in making a profit over your best interest. TIP #6: DON'T FALL FOR OFFERS TO SEND AN INVESTIGATOR TO YOUR HOME OR HOSPITAL ROOM RIGHT AWAY. If your injuries prevent you from travelling to your attorney s office, most attorneys will come to you, but some law firms 16

19 attract clients by their willingness to send one of their on call investigators right over to your home or hospital room to get you to sign their papers. I even see law firms that have cars with their car wreck law firm logos proudly displayed on the car with investigators who are buzzing all over town signing up their next unwitting victim. This doesn t tell you anything about the lawyer who will actually be representing you or the quality of the law firm. All it tells you is that they are very aggressive about getting new clients signed up. It tells you that they are spending money on gimmicks to try and get clients to sign up with them before they do their homework. TIP #7: EVALUATE HOW YOU WILL BE TREATED. I was recently sitting in the reception room of a colleague who runs a large and very successful personal injury practice. I was waiting on her to go to lunch. First of all, I had to sit there for 20 minutes waiting on her for a good while, so I can only imagine how long she must keep her clients waiting. Secondly, I had a chance to sit there and listen to her receptionist talk to people on the phone. The switchboard was lighting up and going crazy and the receptionist would always say like a robot are you a current client of the firm? I just about fell on the floor! Seriously, they don t even know who their clients are? 17

20 Do you really want to have a lawyer that doesn t even know you exist? I certainly wouldn t. Of course, lawyers are busy and they have a lot of clients. You aren t their only client, but they shouldn t have so many clients that they don t even know who you are. You don t want to be a file number or someone s case inventory. You are a person and deserve to be treated as such. 18

21 Chapter Three What s Next? After reading this, you may have determined for yourself that you don t need an attorney. If that is the case, I have included a few tips on knowing your rights so that you can do your best to avoid getting taken advantage of by an insurance adjuster. If you know you need a lawyer, but don t know who to choose, I hope this guide is helpful to you as you embark upon finding the right personal injury attorney for your case. After you have done your research, I invite you to call me so we can discuss if I am the right fit for you and you are the right fit for me. I don t take every potential client that calls my office. In fact, I am very selective about who I choose to represent. As I stated previously, I only represent people I like and causes I believe in. When I agree to accept representation of a client, I am committing myself to spending money (sometimes a whole lot of money) and sometimes years of my life fighting for them and their cause. The following is an idea of the things I look for in a client: You just want what is fair and you re not the type of person to think that your ship has come in because you were injured. You have a serious injury or wrongful death case. Or, you have a less serious case, but want my advice about who might be a good attorney for you. 19

22 20 You are willing to be open-minded and will listen and consider my advice and counsel. You try hard to get better. You want to become part of my extended family You want an attorney who cares about you as a person. If you and I should choose to work together, I want you to know that it is a high honor for me when clients choose me to represent them. I consider it an awesome responsibility and I will fight with all my heart. Of course, no lawyer can guarantee a win or a favorable result for your case any more than a doctor can guarantee the result of a surgery or other medical treatment. But, I will listen to you, I will take your case seriously and I ll give you my best advice. With me, you won t get put through an assembly line. You are an individual, your case is unique, and you will be treated as such. It would be extremely egotistical of me to believe that I am the only attorney who would do a good job for you. There are plenty of really good personal injury lawyers who would probably do a good job for you. My hope is that this book will greatly increase your odds of finding one of these lawyers as opposed to the ambulance chaser types who give the rest of us lawyers a bad reputation and black the eye of our honorable profession.

23 Disclaimer No self-respecting lawyer would write a legal guide without a disclaimer, right? I m not going to put this in legal-ese. All I want to emphasize is common sense and you already know it, so here goes: This book isn t a guarantee that you will find the right lawyer by employing these methods. Nothing in this book constitutes legal advice. Reading this book and taking my advice doesn t mean we have an attorney client relationship. 21

24 Bonus Materials 7 Tips for Do-it- Yourselfers If you have a property damage only claim, or have suffered a temporary or very minor injury, you may not need a lawyer. Here are a few tips to keep you from getting run over by the insurance company. 1. Do not sign anything. You will be asked to sign a medical authorization by the insurance company. Don t do this. These medical authorizations give the insurance company the right to obtain all of your medical records and read all of your medical history, regardless of whether it is related to the accident or not Do not give a recorded statement. The insurance company will want to take your recorded statement. There are no rules for these types of statements. They can ask you anything they want. If you do decide to give one, ask them to send you a list of questions in advance so that you can carefully prepare your answers. I don t mean to imply that you should ever say anything but the whole truth and nothing but the truth, but some people have an inclination to talk too much. 3. Don't offer too much information. I always tell my clients, if they ask you what time it is, don t tell them how to

25 build a watch! Now, this doesn t apply to your own insurance company. There is probably a clause in your insurance policy that requires you to cooperate and give a statement. But, still you should follow the general guidelines about preparing and sticking to the facts. If you were at fault and have been charged with a traffic offense or other offense, it may be advisable to consult an attorney right away. You don t want to make a statement that could come back to haunt you Do obtain documentation of any lost time from work. There are two components to this. First, have your doctor document that you were unable to work and have him or her write up an off work excuse for you. Give this to your employer so that it will be part of your personnel file. Then, whenever you are able to return to work, get your employer to write up a statement which shows the dates you were off work and how much money in wages you lost. It is a good idea to attach a pay stub to verify your salary or wages. 5. Ask about healthcare liens. You need to find out if the insurance company intends to put a hospital, health insurance company or government agency on your settlement check. If they are, the check is likely worthless to you without an attorney. By law, Medicare and

26 Medicaid have an automatic lien on your settlement proceeds. Many hospitals file liens on your case, oftentimes without you even knowing it. Most health insurance policies have subrogation provisions which require you to reimburse them for the amount of money they paid healthcare providers to treat you for your injuries. Even things like child support liens can now attach to personal injury settlements. Even if you can do 99.9% of the case on your own, you may need to hire an attorney to navigate and negotiate your healthcare liens. Find this out BEFORE you agree to a settlement and for sure BEFORE you sign a release. I frequently have clients come to me who have very serious injuries. Their injuries were so severe that the insurance company threw in the towel and paid out the limits of the available insurance. In some cases, this has been $100, or more. Sounds tempting right? In most cases, the client theoretically saved themselves $33,000 or more by not hiring a lawyer, but that s not the end of the story. Boy, were they surprised when they got their check and it was made payable to them and Medicare or them and the hospital where they were treated. Of course, Medicare or the hospital was happy to have them sign the check over to them to pay for their 24

27 medical bills, but that would have left the client with nothing. In this instance, you do need a lawyer. In some cases, a lawyer will work with you on their fee to make sure that the healthcare providers, insurance companies and lawyers don t end up with all your settlement proceeds. You were the person that was injured and a good lawyer will recognize this and will work with you. 6. If you are unsure.ask! Sometimes people come to me with an offer in hand from an insurance company, but they are unsure whether it is a fair offer that they should accept or whether they should hire an attorney. It doesn t have to be me, but if you find yourself in this situation, there are lawyers out there like myself who will give you their honest appraisal of your case and advise you whether you ought to accept the insurance company s offer or hire a lawyer. 25

28 26 A Word about Kay Kay is a veteran personal injury trial lawyer, having practiced in the field for well over 25 years. (She isn t going to reveal her exact age). Kay represents good people and fights for good causes. Over the years, some of Kay s cases have gained local as well as national media attention. Some of the results she has obtained for her clients have qualified her for membership in the Million Dollar as well as the Multi-Million Dollar Advocates Forum. Kay has been named a Texas Super Lawyer every year since the award first was given (2003) and has earned it every year since (2015). This has entitled her to the 10 year Super Lawyer Award, of which she is very proud. Since the late 1980s, Kay has maintained an AV rating by Martindale Hubbell and has also maintained pre-eminent status since the mid-1990s. This was well before my children were born and I would like to say to them that no, we weren t driving horses and buggies

29 back then. When AVVO came along, Kay quickly achieved the highest rating (10) that they offer. Recently, Kay was selected for membership in the Top 100 Attorneys in Texas. Her parents would be very proud. I am very proud of all the honors that have been bestowed upon me over the years of my legal career. However, the thing that makes me the most proud are the relationships I have formed with my clients. Truly knowing that I have touched people s lives and helped them navigate through a tragedy in their lives is what keeps me going. What some of my clients don t know is that they touch my life as well. For, it is in giving that we truly receive. 27

30 Hillcrest Road, Suite 725 Dallas, TX p: tf: e: