4 Things Your New York Injury Lawyer Looks For When You Show Up In His Office

When you need to find an injury lawyer, you need to ask lots of questions. You might meet with more than one attorney before you feel comfortable with your choice of lawyer.

When you arrive in his (or her) office, you look around, look at the diplomas on the wall, look at how the office is run, and look at the furnishings. What does this tell you? Does a messy office reveal a lawyer who can handle your case? Does a clean office mean your lawyer has no other clients? You don’t know from the looks of it. Use your gut instinct to tell yourself whether you can put your trust and your case in his or her hands.

At the same time you are deciding whether this lawyer is the right one for you, the lawyer is also looking at you to see if you are the right client for him. Here’s what a lawyer, practicing in New York will look for in a client.

1. Honesty.

The client must be straightforward and honest about what happened to them. They must let the attorney decide what facts and information are important. We don’t want a client who is selective about what they say. We also need to know a client’s past history; were there any skeletons in the closet? Any convictions? Any prior lawsuits? We need to know in order to better help you.

2. Presentation.

How does the client present themselves when they talk to you? Are they quiet? Are they loud? Are they well dressed? Do they look at you when they respond? Are they comfortable telling what happened?

This is very important, because your lawyer is looking to see what type of witness you will make if your case has merit and ultimately goes to trial.

3. A Desire To Seek Help- Not Vengenance

There are some clients who come into a lawyer’s office so outraged that they were harmed by someone else that all they want is revenge. That’s a normal, healthy feeling. There are other clients who come to us asking for help because they can’t pay their medical bills or their mortgage because they can’t work from their injuries.

A client who seeks revenge is volatile and unpredictable on the witness stand. That doesn’t mean they don’t have a valid case. It simply means that it’s going to be tougher to help this type of client, because no matter what the lawyer does, it probably will never be enough.

A client who genuinely seeks help and compensation to right a wrong is the perfect type of client a lawyer seeks.

4. A Desire To Get Better, and Improve Themselves.

There are some clients who want to ‘milk the system’. They’re waiting for their payday and will simply sit home and wait until their settlement comes. For those folks, they live for their lawsuit.

For many others, the lawsuit is a means of support to pay their expenses, to be able to afford surgery to correct their problem, and as compensation for their suffering. The client who is doing everything possible to get their life back to normal, is the ideal type of client. Some people want to return to work, even if they’re in pain. Others are content to stay at home and watch TV while recuperating.

As with all types of cases, each one is different, and each case has it’s ups and downs. Next time you’re deciding upon what lawyer to use, keep in mind that your lawyer is deciding whether he’ll choose you too.

Attorney Oginski has been in practice for 17 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client’s are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client’s case from start to finish.

Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.

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12 August

10 Tips For Finding The Right Legal Counsel

Mention the word attorney in a crowd of people and you are likely to get a wide range of reactions. Lets face it most of us associate attorneys with law suits, trouble with the law and court dates. All things that can cost us money! However, there are many situations in which an attorney can be proactive in preventing legal problems. There are times when everyone can benefit from legal expertise whether you are a large corporation, a self employed business owner or an individual. If you are buying property, starting a business, or even entering into an employment contract having legal counsel can ensure that your rights are protected and that you do not make missteps that can cause you problems in the future. For corporations that have in-house counsel, there are many reasons why outside counsel is retained including the need for representation in a particular jurisdiction or the need for specialized legal knowledge.

Whether you are an Association, a global corporation or a small business owner, there are general tips which will assist you in choosing the right legal counsel for your unique needs. Choosing legal counsel is not unlike choosing any other professional service organization. It is important to first clearly understand your needs and then to carefully screen the professionals that meet your pre-defined qualifications to find the right fit.

1. Determine the area of legal expertise that you need. Are you in need of general legal counsel that will advise you in your business? Do you need an attorney to manage your fundraising campaign? There are law firms that specialize in representing certain types of businesses, in example one firm may represent several homeowner associations and have an expertise in this area, another may represent technology firms and understand this niche business. In addition to the practice specialty (i.e. intellectual property, real estate, trust) you may also require a firm that has experience with similar clients.

a. Can you use a mediator? Structured payments, apology, retraction, letters of recommendation, confidentiality agreements, barter and agreements for future business are some of the workable options in mediation that may not be available in litigation. Mediation is less expensive and takes less time than litigation.

2. Identify potential candidates. You can ask colleagues, friends, and others for referrals. State bar associations have legal referral services or you can visit the American Bar Associations website, www.abanet.org for a list of attorneys in your area. A reference like Martindale Hubbel or Wests law directory online can be useful in identifying lawyers with the expertise you need and the type of clients they represent.

3. Screen the potential candidates. Contact the potential candidates and ask them to send you basic information on their firm and the services they provide. You may also screen by phone. Have they handled clients/cases similar to yours? How recently? What were the results? Are they willing to provide references?

4. Meet face to face. Narrow down your list from the preliminary screening and meet face to face with the top three or four candidates. Ensure that you will not be charged for the initial consultation. For corporations engaging counsel the face to face will be a briefing of your needs. 5. Request a proposal from each of the candidates that you have met face to face. The proposal should outline services, fees and a preliminary timeline.

6. Check references. Verify credentials with the State Bar Association. Call the references provided. Would they use the firm again? Were they satisfied with the results? Were there problems, and if so were they satisfactorily resolved?

7. Determine if there is chemistry. In addition to legal expertise and a track record in your area of need, you will need to form a good working relationship with your counsel. While you should certainly not select an attorney based on the color of their suit or style of dress, you do need to select someone with whom you can have a collaborative working relationship. The attorney client relationship is one of mutual trust and collaboration.

8. Define the relationship. Once you have selected counsel and notified the other firms of your choice and reasons for that choice (this is a common courtesy) its time to get to work with counsel. The relationship should be clearly defined in a contract. The contract should very specifically address services, fees, schedule, personnel, location, and process for termination. Make sure your attorney agrees to abide by the American Bar Associations Model Rules of Professional Conduct, portions of which govern attorney fees. What services will be provided and by whom? Will paralegals, investigators or junior counsel do some of the work on your case? Where will the services be provided onsite or offsite? What are the fees and how often will you be billed? What other expenses will you have to pay, i.e. document copy services, transportation? Who will make contractual decisions? Who will be responsible for billing (in an hourly arrangement is there a designated timekeeper)? What is the process for termination? How often will you communicate and how? Specify that all work product belongs to you, the client. This is especially important if you find it necessary to terminate the attorney. This is the time to clearly work through your expectations of counsel as well as their expectations of you. Make no assumptions. If you do not understand something, seek clarification.

9. Provide counsel with the information they need. Your counsel is your advisor, your advocate. In order to adequately represent your interests they will need all pertinent information. Do not withhold information. It is akin to going to a physician for a problem but failing to provide him or her with a medical history.

10. Communicate. All good relationships require open communication. If you have questions or concerns, bring them to counsels attention. Remember you are the client and counsel does want to meet your needs.

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4 July