Avoiding Legal Pitfalls

Adapted from pointers by Jay G., here is an article about avoiding the pitfalls many new lawyers fall victim to when they accept cases that may cause them to be labeled as "Ambulance Chasers." How to Start and Build Your Law Practice a book by Foonberg:

Advise your prospective clients to engage you as soon as possible and often when you are meeting with the potential client and / or their family initially. In order to verify that there is need for representation and to protect a client's interest, work will need to begin as immediately as possible. You should also instruct your client to consult with you before discussing the case with anyone regarding facts and possible fault, with the possible exception of police officers.

Before the potential client cleans up or engages in repairs, they should understand that the investigative team will need to photograph all evidence and that this is of utmost importance.

Interviews should be conducted as soon as possible with third party witnesses. Before there are any changes, there should be review and photography done at the scene of the accident. The potential client should retain any of the garments that they were wearing at the time of the accident, even if they are torn or stained with blood. Photographs of any bruises, abrasions ,or injuries should be taken immediately.

Any insurance company will be seeking to defend claims for damages as opposed to pay out for the person's injuries, and the potential client should understand that this is the insurance company's first concern. The client should be advised that they can expect a letter of claim and must acknowledge that they have received it within 21 days and this letter starts the timetable. A copy should be sent on to the insurance company and the letter of claim should arrive in duplicate. The client should completely and thoroughly review any medical records for accuracy and completeness. Medical records should be given the appropriate amount of time and consideration. Reports from doctors will be held in higher esteem by an insurance company than a report received by another medical professional who is not a physician.

Be certain to advise the client that as the facts currently appear, they have presented a case with merit and this reminder should be communicated orally and in writing. Considerations for losses, damages, extent of personal injury, and treatment needs will ultimately determine the value of any case which has been presented to you.

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