Hiring a Lawyer

February 22, 2012

Are Tennessee Attorneys Required to Have Malpractice Insurance?

Do attorneys in Tennessee have to have legal malpractice insurance?

No. There is no requirement that attorneys in Tennessee have legal malpractice insurance.

However, responsible lawyers purchase malpractice insurance to protect their clients from losing money in the event that the lawyer makes an error. Lawyers, like anyone else, can make errors in the work they do for clients. Most of those errors do not result in any demonstrable loss to their clients, but from time to time errors that cause losses occur. In those cases, malpractice insurance is there to protect the client from financial harm.

February 21, 2012

Can I Borrow Money From My Tennessee Car Accident Attorney?

by The Law Offices of John Day, P.C.

I have a car accident case but am in desperate need of money right now. Can I borrow money from my attorney and pay her back out of the settlement I know I am going to receive?

It is not uncommon for people who have been injured to have financial difficulties, but in Tennessee it is unethical for an attorney to loan you money while he or she is representing you in a case. This is true even if the attorney does not charge interest. (It is appropriate for the attorney to advance money for case-related expenses to help prepare your case.)

Rumor has it that some attorneys will promise potential clients that they will help them with living expenses and that some attorneys actually do it. However, this is wrong, and an attorney who promises to do so or actually does so should be reported to the Tennessee Board of Professional Responsibility at 800.486.5714. Loaning or giving money to clients or potential clients can result in discipline against the attorney, including the loss of his or her law license.

February 19, 2012

Why Shouldn’t I Hire The Lawyer Who Says He Can Get Me Big Money The First Time We Meet?

by The Law Offices of John Day, P.C.

I got hurt in an automobile accident. I have talked to two different lawyers. The first lawyer listened to what I had to say, explained the law and the legal process to me, and answered all of my questions but one: he said he could not tell me his opinion of the value of my case. He said that he would not be able to do so until after I finished medical treatment and he had a better understanding of what long-term consequences I would have from my injuries. He also said more investigation was needed on the facts of the accident and the resources of the person who caused my wreck. The second lawyer told me that he thought he could get me $1,000,000 and maybe even more. I sure like what the second lawyer said and it seems to me that if he can get me that amount of money he is the right person to hire. Am I missing something?

You should not hire any lawyer who tries to tell you that he or she knows the value of your case the very first time you meet with them. Never. Under any circumstances.

Why? Because experienced lawyers know that a detailed investigation must be undertaken before a value can be put on a case. Lots and lots of factors impact the value of a case, and no lawyer can honestly, accurately evaluate a case the first time they meet a client, particularly if they have not done any investigation of the case before meeting the client.

February 8, 2012

I Can’t Find A Lawyer to Take A Tennessee Medical Malpractice Case!

by The Law Offices of John Day, P.C.

I believe that my father victim of malpractice by a nursing home, but no lawyer will take my case. Why not?

There are several possibilities.

First, there are relatively few lawyers in the state that represent medical malpractice victims. In fact, my guess is that far less than one percent of lawyers regularly handle medical malpractice cases for patients. I have represented malpractice victims for over thirty years, and have seen the number of lawyers willing to accept these cases dwindle over the years. Therefore, you may be asking the wrong lawyers.

January 17, 2012

Attorney Says He Will Give Me Money Until My Case Settles!

by The Law Offices of John Day, P.C.

I was injured in a car wreck and have been out of work for months. Money is very tight. I spoke with a lawyer and he told me he could loan me $1000 a month until my case settles. He also said that I do not have to pay interest. That seems like a good deal to me, but another lawyer I spoke with refused to do it, saying it was not ethical. What’s the story?

The second attorney you spoke with was correct. In Tennessee it is unethical for an attorney to loan you money while he or she is representing you in a case. An attorney who promises to do so or actually does so should be reported to the Tennessee Board of Professional Responsibility at 800.486.5714. This sort of conduct can result in discipline against the attorney, including the loss of his law license.

Why should you care about the ethical failings of an attorney? If the attorney is willing to risk his or her law license to get your case, do you really think you can trust them to represent you with your best interests in mind?

January 12, 2012

Is Bar Association Membership a Relevant Factor in Hiring a Personal Injury Lawyer?

by The Law Offices of John Day, P.C.

I see a lot of Tennessee personal injury lawyers state that they are members of various bar associations. Does the fact that a lawyer is a member of a bar association mean anything to someone who is trying to select a lawyer to represent them in a personal injury or wrongful death case?

Many lawyers advertise that they are members of the Tennessee Bar Association, the American Bar Association, and / or their local bar association. Mere membership in these organizations tells consumers virtually nothing about a lawyer’s competence – all one needs to join these organizations is a law license and the money to pay the dues.

However, active membership in a bar association tends to indicate that the lawyer is interested in advancement of his or her profession. This is a relevant factor to be weighed by consumers because it indicates a passion for the law. A lawyer who has been active in bar associations will list those activities on his or her website. Those that do not list activities probably have not been active and are probably just dues-paying members.

December 2, 2011

Should the Personality of the Lawyer Make A Difference in My Decision in Who to Hire As My Lawyer?

by The Law Offices of John Day, P.C.

I am about to interview a lawyer about truck accident case. What role should the personality of the lawyer make in my decision?

Lawyers are people (really!) and have different personalities. There are some inaccuracies in every generalization, but most lawyers would agree that lawyers who successfully try personal injury and wrongful death cases tend to more aggressive than passive, more self-confident (or perhaps even arrogant) than unusually humble, and better communicators than certain other types of lawyers. Frankly, lawyers who lack self-confidence or who cannot effectively communicate do not belong in courtrooms.

Thus, before you hire a Tennessee personal injury and wrongful death lawyer you need to meet the lawyer. Do not rely solely on a commercial or a website description of the lawyer or the lawyer’s firm. Sit down and talk with the lawyer, preferably in the lawyer’s office, and try to figure out if (a) the lawyer is the type of person you want to work with during the pendency of your case; and (b) the lawyer is the type of person you want as your advocate before a jury if your case has to be tried. Use your common sense in making this decision.

December 1, 2011

Should I Investigate My Lawyer’s History of Professional Discipline?

by The Law Offices of John Day, P.C.

I am thinking about hiring a lawyer to help me with a dog-bite case involving injuries to my child. Can I find out if my lawyer has ever been disciplined by the Tennessee Board of Professional Responsibility?

Yes.

Lawyers are regulated by the Tennessee Supreme Court through the Board of Professional Responsibility. The Board of Professional Responsibility investigates lawyers that are accused of violating the ethical standards of the legal profession, which are set forth in Rule 7 of the Rules of the Supreme Court of Tennessee. A lawyer who violates the rules can be sanctioned by the Board of Professional Responsibility. The sanctions can be a private reprimand or as serious as disbarment, which means that the lawyer is prohibited for practicing law for some period of years or even life.

November 30, 2011

The Lawyer I Talked To Has No Support Staff!

by The Law Offices of John Day, P.C.

I interviewed a personal injury lawyer about my truck wreck case the other day. I met with him in his office and it looked like he worked all alone – no secretary, no paralegal, no other lawyers. Is that something I should be concerned about?

Concerned? I don’t know that I would go that far. I do think that the absence of a support staff is a factor that you should consider in determining who you want to be your lawyer.

Lawsuits of any size are a team effort, and each person in the office plays an important role in helping preparing the case and maximizing the recovery for the client. Thus, I believe you should look at the other lawyers and staff in the office and determine whether they can work as a team to help you with your case.

November 29, 2011

Should I Hire A Lawyer Who Says He Has An “In” With the Judge?

by The Law Offices of John Day, P.C.

I talked to a lawyer about my automobile accident case and all he could talk about is his close relationship with the judge and how it would help me. It sounded like I might get a better recovery if I hired this lawyer. Should I?

Lawyers who say such things are scumbags. 99.9% of judges would never allow their personal feelings for a lawyer to directly affect the outcome of the case. To do so would be unethical, and 99.9% of judges would never consider acting in such a fashion.

It is true, of course, that judges tend to respect lawyers who are prepared, who show up to court on time, who understand law and court procedure, and who answer the judge’s questions directly and honestly. And judges, like every other human, would tend to more readily accept the word of a lawyer who earned respect than a lawyer who demonstrated that he or she was not entitled to respect. But disregard the facts or the law simply because of a personal relationship? No, folks, it rarely happens.