Essential Law Practice

Freshly minted attorneys are frequently so eager to begin practicing that they come dangerously close to earning the nickname of ambulance chaser.  The suggestions and tips that follow are taken from Jay G. Foonberg’s popular guidebook entitled How to Start and Build a Law Practice:

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.

Every prospective client needs to grasp the need for investigating authorities to obtain photographic evidence of all tangible things relating to the case before they are damaged, destroyed or repaired.

Third-party witnesses must be interviewed as soon as. The scene of the accident must be reviewed and photograph before it is altered. Remind your client that torn and blood-stained garments or other evidences must not be thrown away at the hospital. Bruises and other physical manifestations of the injury must be photographed immediately.

Any ancillary or disinterested witnesses need to be interviewed as soon as practicable. Accident sites need to be visited and documented photographically before any changes, repairs, or distortions occur. Be sure that the client understands not to allow damaged, dirty or blood-stained clothing or evidence to be discarded by medical responders. Any outward evidence of injuries, including bruises, scratches and the like, must be chronicled in photographs right away.

Injured parties need reminding that the insurer’s priority will always be to defend damage claims, not assist the injured party in obtaining compensation. Explain to the defendant that your client’s claim letter starts the clock on their response window, and that they have 21 days to notify you of receipt of the correspondence. The correspondence should be sent with an additional copy, which the defendant should be instructed to forward to their insurance carrier. Make certain that all medical documentation is in order and that it has been seen by the client. Devote sufficient time to thoroughly examining all medical records. Be mindful of the fact that insurance carriers give far more credibility to a doctor’s report than an analysis produced by someone other than a physician.

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