HOW TO FIND A GOOD LAWYER¹

Roland Turner² and Jack Olender³

Roland Turner: Welcome to the Greater Washington Urban League's "On Track." I'm your host, Roland Turner and this morning we've got a very exciting show, a show that is full of a lot of information. It is something that at one time or another in our life we are all probably going to need. We're going to be talking about "How do you find a good lawyer?" and we have Jack Olender who's the President of the D.C. Malpractice Law Firm, Jack H. Olender & Associates. He has once again been selected to the Best Lawyers in America, and also as a top lawyer in the December issue of Washingtonian magazine.

Now, Jack, how do you find a good lawyer? A simple direct question, but yet one that a lot of us, including myself, all need help with.

Jack Olender: Ok. First Roland, you have to say what kind of legal problem you have because one size does not fit all when it comes to lawyers. Lawyers just are not born or trained to handle all types of cases in this modern age. Back in Lincoln's day, yes. Abraham Lincoln was a great trial lawyer. He could handle all kinds of cases. But today, it's different. It is only rarely that an experienced general practice lawyer is available in metropolitan areas. There are just a few left of the old time lawyers who handle everything. So, the general practice lawyers are still good if the case is not too specialized and not too big, frankly. I mean things like wills and estates if the amount is not great, because if it becomes great, there are all kinds of angles to it, tax and everything else which may require a specialist. Divorces that appear to be pretty simple and there are no children involved, then maybe the general lawyer can do that. But if there is a lot of money involved . . .

RT: . . . makes things complicated . . .

JHO: . . . you've gotta pay big bucks for a top lawyer in that field. The smaller matters and ones that are simple, you can use a general lawyer. Otherwise, you should get a specialist, in my opinion.

RT: Now, once you've identified the type of lawyer that you need, then you've got to go out and find him or her.

JHO: Right. There are a number of ways to do it; the old-fashioned way is to talk to people, people you trust and get advice. You know, your friends, people in business, people that you know have had a similar type of legal problem. Your clergy, perhaps. Community leaders. Perhaps you've had a lawyer before for something and this seems to be a complicated, a big matter. If you liked the previous lawyer you had you may talk to that lawyer for a recommendation. So, word of mouth really accounts for a lot of the lawyer retentions by people. People by word of mouth learn of a lawyer and then they contact the lawyer, meet, and decide whether to hire him or her. In a way, it is almost like how do you find a good hairdresser? Ask around.

RT: Yes, you definitely would want a referral.

JHO: And then, another major way of selecting a lawyer, a lot of people use is advertising. There are all kinds of advertising. And the advertising usually indicates what the lawyers' interests are. So that's a way of narrowing down somewhat the lawyers you will be looking at. If they advertise a certain type of case that means at least they are interested in handling that type of case. Now when I see an ad by a solo practitioner that advertises everything from soup to nuts, you know, that raises my suspicions.

RT: I was wondering if they actually have expertise in everything that they are advertising.

JHO: That's right. I can tell you from personal knowledge a bit about this, I've interviewed quite a number of clients in malpractice cases. Let's say the child has cerebral palsy from a birth injury or the way the baby was delivered and they'd already been to television lawyers. Actually, in some instances, the people were instantly referred by the television lawyers to some other law firm. In other words, they were serving as brokers on these cases. Maybe they didn't have experience or maybe they didn't have the money to carry the expenses of the case. But, they were just instantly referred to some other law firm who presumably had some experience. So, you have a good bit of brokering of cases from big advertisers. So, newspaper ads, magazine ads, radio ads, yellow pages are all a source. The yellow pages are usually broken down into types of cases that the lawyers want to handle. All of these are sources for people. And, of course on the internet. Quite a few calls come from people who learn of us by the internet and see the website and think, well these lawyers have the background and experience they want for their case. So, all of these methods are good.

A good indicator is if you see a lawyer being interviewed on television or radio about a certain type of case or giving speeches about a certain type of case. That gives you some indication that the lawyer knows something about that field of law.

RT: Now as much as we would all like to think that all lawyers are good lawyers, there are obviously some bad lawyers out there. So, how can you avoid hiring a "bad" lawyer?

JHO: There are a number of things you can do in the District of Columbia. You can go on a website and find out if the lawyer has been disciplined by the District of Columbia bar and what type of discipline it was. So, that's a good start and I will give you the website information, www.dcbar.org, then click on for lawyers, then click on ethics/discipline, then click on discipline. It will be pretty self instructive. Then click on attorney discipline and then click on attorney database and type in the attorney's first and last name as prompted. Press "enter" and a disciplinary summary will come up and you can click for more details as prompted. So, checking the DC Bar to see if the person was disciplined gives you valuable information. If the person was disciplined, it doesn't necessarily mean that he or she won't be a good lawyer for your case, but it is a piece of information you should tuck into your mind. If the disciplinary record is bad, if it is something like not giving the client money that the lawyer is holding for the client, then that is a good sign to look for someone else. There have been a few cases in the last year or two where the lawyer was suspended, but nevertheless went ahead and handled cases. So, that would be a good thing to check the DC Bar website to see whether the lawyer is under any disciplinary proceedings. Maryland also has a website for that.

Another thing you could do, if you wanted to learn about whether the lawyer has been sued by clients or whether the lawyer is suing clients for money

would be to check the dockets, the indexes in the local courts, in the D.C. Superior Court and the U.S. District Court for the District of Columbia and see if there are any cases that have that lawyer's name as a party. And, you can ask people. Or, if you meet with a lawyer and there is something about the lawyer you don't trust or don't like, there are plenty of other lawyers in town. So, those are some of the ways to avoid a bad lawyer.

RT: Yes there is, especially in D.C. Now as far as board certification, many lawyers are board certified. Do you have specific numbers, Jack, on how many are actually board certified?

JHO: Well, not nearly as many as doctors. If you want to go to a doctor for surgery or something more than just a common cold, a large percentage of them these days are board certified, which means that after graduating medical school, they've done a three or four year residency in a hospital for their specialty plus they've passed the exams. For something serious, you know, heart transplant, surgery, cancer, you'd want somebody who's board certified. But board certification has not become that popular in law and there are not that many.

RT: Now are you board certified, Jack?

JHO: I am. I am boarded by the National Board of Trial Advocates and that organization is under the auspices of the American Bar Association and the person to become board certified has to have a fair amount of experience in the field, the trial field and has to pass examinations to show that you've got more than book learning about it. You know the practical things. So you have to pass that exam to be board certified and I would just guess that there are probably a hundred or a few hundred in D.C. who are board certified by the National Board of Trial Advocacy. I am also board certified by the American Board of Professional Liability Attorneys and as a matter of fact, I am on the Executive Committee of ABPLA. For that you have to show substantial experience in malpractice and you have to pass examinations. For both of those organizations you need references by other lawyers in the field and by a number of judges who have actually conducted trials that you've participated in. So, on the American Board of Professional Liability Attorneys for malpractice I would judge that maybe there are a dozen in D.C. So, there aren't that many. Board certification is an indication that the lawyer has had some experience and is smart enough to pass the exam.

RT: Now Jack, there are a lot of honorary societies, honorary legal societies and all of that stuff lawyers participate in or, I guess you'll tell us if they join or they're appointed, or how they get in these societies but do you think those are a good indicator of a lawyer's abilities?

JHO: Yes.

RT: Alright. So, for the most part then, how does a lawyer become a part of an honorary society? Do they join or are they appointed?

JHO: Usually, it is by invitation. They learn about you and they assemble information on you and they get recommendations from judges and lawyers. Usually the people that are invited to these are experienced and well regarded. These honorary organizations are often called "college", American College of Matrimonial Lawyers, etc. Yes, that's a good indicator for the potential client.

RT: Now there are a lot of Best Lawyers' lists. You know, there's a best everything list these days so why not best lawyers list? Do you think that those are good sources, and how do lawyers get on these lists and are they reputable?

JHO: Most of them are very reputable. Best Lawyers in America surveys tens of thousands of lawyers nationally to pick the best for their book each year. And I use it as a source. If I need a lawyer out of state, I will use Best Lawyers in America to see who they recommend as best in the particular field. I use the Washingtonian to find a lawyer to recommend in particular fields. I find that that's good over the years. Of course the fact that I'm in it doesn't . . .

RT: . . . doesn't hurt does it?

JHO: Doesn't hurt. But I mean I use it. For example, divorce lawyers. I know who they are but it is good to see the list. The divorce lawyers listed are good but they generally are high priced. So, if someone calls and wants a recommendation, let's say for a divorce lawyer, I want some information. It is no use giving them someone who's going to charge close to $1,000 an hour.

RT: Right, right, definitively.

JHO: Unless they've got a lot of wealth they have to protect and they need somebody who's able to deal with that. So, when someone calls for a recommendation, I tell my staff to get some details about the case so I'll know if they're probably going to be able to afford one of the top tier lawyers who charge a lot or whether they need somebody who's more down to earth.

RT: Now, Jack, as far as million dollar cases, I know you've had them but I've got to ask, and that's an assumption not truth, but you can let us know.

JHO: Well, Roland, it is the truth. I've handled and received over 200 verdicts or settlements of at least a million dollars each and that helps qualify me to be in the Inner Circle of Advocates. The Inner Circle of Advocates has only one hundred members and they are supposed to be the top trial lawyers in personal injury and malpractice. So, I've had over two hundred such cases. Some of these organizations, the American College of Trial Lawyers, the Inner Circle of Advocates, if a lawyer is a member of that, you know that the person has a lot of experience and is successful and might be a good lawyer for you.

RT: One key thing that affects so many of us in the community is what you can do if you don't have any money. How exactly are you going to get a good lawyer? And get the best lawyer for your case?

JHO: For criminal cases, there is the Public Defender Service which is excellent in D.C. but they cannot handle all the cases. So, an accused who doesn't have a lot of money who is assigned a PDS lawyer, may be better off than an accused who hires an average lawyer. Also there is the CJA, the Criminal Justice Act which pays for court appointed lawyers. So, that's what's available criminally.

Civilly, in cases like we handle, malpractice and personal injury, you don't have to have money. The client does not have to have money. The client does not have to have money to get the best trial lawyers in the world because it is done on a contingent fee. A percentage of what's collected. However, there is the huge number of other cases - not malpractice or personal injury - civil cases where the people don't have much money but yet they've got to sue or defend themselves from a suit.

Some information is put out by the D.C. Superior Court to help people needing legal advice and representation but who don't have money. The Landlord/Tenant Resource Center has the legal referral directory. It is basically a list of legal services, agencies representing tenants and small claims. The Resource Center is only open on Tuesdays and Thursdays from 9:00 am to 12:00 Noon. They provide this long list of legal services and agencies.

RT: In fact, you've got a list of about ten pages of resources there and in fact, I know that you did put an offer on the table that if listeners out there would like to get an email of this ten page resource guide that Jack H. Olender & Associates would be happy to email that out to anyone who is in need.

JHO: Sure, we will send it out to them. It is a valuable list and I would recommend it. When people call, I recommend certain of these groups for them to help. I notice for example that one of them, the Archdiosan Legal Network lists themselves as being willing to represent tenants in landlord and tenant cases and then under the directory for landlords, they indicate they will represent landlords, but of course not landlords with money to hire a private lawyer. So, these are wonderful agencies in the District of Columbia supported in large part by contributions, in large part by lawyers. They solicit the Bar for money to do these things and we will be glad to send the information out to whoever requests it.

RT: Wonderful. Well, I think Jack you've summed everything up as far as how you get the best lawyer for your case, whether it's through a referral, whether you are going to go through advertising and media, you know you're gonna check to see if they're board certified, you're gonna check to see maybe if they're on some honorary society. Hopefully, that will help our listeners out there to get what they need out of the legal system that was designed to help them.

JHO: And I think the way to pick the best lawyer for your case is one who has the qualifications, and who expresses an interest in the case and really wants to take the case rather than trying to talk someone who's reluctant into taking the case.

RT: Great point. Thank you, Jack.

 1/ Edited transcript from "On Track" radio program heard on Heaven 1580 AM, January 20, 2008, and WPGZ 95.5 FM, January 20, 2008.

2/ Roland Turner is host of Greater Washington Urban League's "On Track" radio program. She can be reached by phone at 240-498-3975 or e-mail at Pampermepleasellc@msn.com.

3/ Jack Olender is President of the Malpractice Law Firm, Jack H. Olender & Associates, P.C., 888 17th Street, N.W., Washington, D.C. 20006, Phone:(202) 879-7777, website: www.olender.com, and Email: Jhopc@olender.com.