Marketing For Law Firms Via Attorney-Client Matching Services - An in-Depth Report

n this article we will look in depth at a relatively new wrinkle in marketing for law firms known as "attorney-client matching services". First a little background is in order. The legal services market segment is expected to reach $82.5 billion in 2008 according to Euromonitor International a market intelligence firm. In recent history consumers have been finding attorneys through word-of mouth or through the yellow pages. Often the word-of mouth advice does not deliver people to the best possible solution for their particular needs and the yellow pages is certainly not a great place to select a lawyer I am sure you would agree. Additionally, according to the Pew Internet & American Life over four million consumers and small businesses currently search for legal services via the Internet every month with these numbers expected to rise to over seven million by 2007. I think you can see this is a huge market getting larger. It is imperative that attorneys understand this marketplace if for no other reason your potential clients and clients are moving to the Internet and yellow page advertising is a dying marketing for law firms vehicle. Understanding attorney-client matching services is one new way to tap into this Internet marketplace.
What I will not be talking about here is attorney-listing services. Please don't get confused between attorney-listing services and attorney-client matching services. The two majors in the attorney-listing services arena are Lawyers.com or FindLaw.com that are used by many in marketing for law firms. With attorney marketing one might want to get a minimal listing on one or both of these two major sites. Both do drive a large amount of traffic to their sites for sure (in the millions of visitors per year). If you do get a listing then track your results carefully and see if being in the middle of a pack of listed attorneys actually does produce clients for you. Please don't spend more on them than the basic listing that will run about $150 or so per month, at least until you can document results with the basic listing. Also, don't buy your website through either of them, even if after testing you find good results, for many reasons that can be found under the Internet marketing tab on my website. One last note here, you probably don't want to test most of the lesser attorney-listing competitors like lawinfo.com, lawcore.com or attorneyfind.com is my take, however if you do be sure to track your results. The rest of this article is about attorney-client matching services.
Attorney Marketing Via Five Attorney-Client Matching Players
In the attorney-client matching field there are five competitors for the attorney marketing dollar offering online attorney-client matching services. The first and originator is LegalMatch.com and its newer competitor being CasePost.com as well as a third competitor LegalFish.com. The two big players that offer almost everything in attorney marketing, Lawyers.com and FindLaw.com; have also recently begun to offer a version of attorney-client matching services.
Lets begin with LegalMatch that was established in 1999 and is based in San Francisco. LegalMatch uses a double blind matching system. By double blind they mean the consumer does not see identifying information about who the lawyers are and the lawyer does not see identifying information about who the consumers are although all the cards are put on the table for both to see before any contact is made between them. Through an allocation model LegalMatch makes the decision about which lawyers get the consumer's information. Consumers can opt into "priority service" for a fee to talk with a LegalMatch staff attorney about their case and work with that attorney in selecting the attorney for their case. LegalMatch does have partnerships with the Utah State Bar Association, ATLA and NACDL. Membership fees for this marketing for law firms vehicle run from $2,500 to $25,000 per year (they will finance the membership fee if desired) depending on practice area and geographic location of the attorney. For example, a PI attorney in Los Angeles would likely be charged more than a family law attorney in Los Angeles, while the family lawyer in Peoria is likely to pay less than the family law attorney in Los Angeles. Their guarantee consists of extending your membership at no fee until your revenues have exceeded the fee you paid them.
Are There Legal Marketing Ethics Issues with Attorney-Client Matching?
A relevant digression here, since this model is not a lawyer referral program, a pre-paid legal service plan, a joint or cooperative advertising or a directory listing service it is not subject to ethics rules around much of marketing for law firms it has been asserted. Recently the Professional Ethics Committee of the Texas State Bar was looking into these practices and that committee received a seven-page letter (May 26, 2006) from the FTC that was agreed to by a unanimous vote of the FTC commission members that this attorney marketing practice is indeed ethical.
Already the states of North Carolina and South Carolina found the practice ethical. The Rhode Island Supreme Court specifically named in an ethics opinion that online matching services are ethical. Finally, the Utah State Bar (a mandatory bar) has retained LegalMatch as their lawyer referral service clearly indicating their thinking about LegalMatch's ethical nature it seems to me. Naturally you do need to check with your state bar to be sure this is an ethical practice in your state. Now back to the options in the marketplace.
CasePost.com, based in Southern California, was established in 2002 is a second player in this area of marketing for law firms. They operate in a similar fashion as LegalMatch in matching clients with lawyers; however, the directory of attorneys is shown to the consumer immediately. The consumer can decide whether they want to remain anonymous or give their contact information to the attorneys. The consumer is limited to four attorney responses. Thus the consumer determines what attorneys will get their information. In May of 2006 CasePost has made a major expansion as a result of their partnership with HandelOnTheLaw.com that is powered by a successful nationally syndicated radio show on over 120 stations with attorney Bill Handel. This show has been running since 1985. They also have a strategic relationship with LegalZoom.com that began in 2006 that has increased their reach. Like LegalMatch the membership fees for this attorney marketing vehicle are from $2,500 to $25,000 per year (financing is available if desired) depending on practice area and location. Their guarantee to a member is based on a minimum amount of referrals over the year.
LegalFish is a third player in this arena. It entered the marketplace in 2003 and is based in Chicago. It is a bit different than the other two in a few ways. Like the other players the consumer can input their information and post their cases to the site as well give their identifying information or not. In a number of cases LegalFish will contact the posting consumer themselves by telephone or email to delve deeper into the needs of the consumer so they are not totally automated. There is an allocation model used by LegalFish in referring the cases to their members. Another difference is LegalFish charges a monthly fee for this marketing for law firms vehicle ranging from $180 to $750 to members that are non-contingency based practices. For contingency based practices the fee ranges from $1600 to $5000+ monthly only if the client retains the attorney. If LegalFish does not deliver a referral to a member that retains that attorney they don't charge a fee to that attorney for the month (a form of a guarantee). Creating something of a "shared risk" system. Naturally, with this type of shared risk system, long-term success for both parties is based on LegalFish's ability to generate new client opportunities and create demand for legal services, and their member attorneys' ability to convert those referrals to paying clients. Both parties have to "pull their weight". Finally, LegalFish reports they are particularly committed to serving the solo and small firm market with ten employees or less.
The next player in this marketing for law firms arena is Lawyers.com (mentioned earlier in this article about their directory listing or attorney-listing service) with their new Attorney Match Service. If you go to their homepage what stands out on that homepage is their "Find A Lawyer Quick Search". This is their free to the consumer attorney-listing service (this is why you might want to test a listing with them and track results). To get to the Attorney Match Service you have to know to click on "Contact Lawyers" navigation tab or notice it up there at the very top of the Lawyers.com home page. Clicking on that takes you to a page where you input your zip code and the practice area you are seeking, however, it also tells you how many lawyers there are listed that "are interested in receiving your request". You are required to fill in the identifying information with other case information. Once you do that you see the attorneys listed and pick the ones you want to send your request to and wait for their replies. The fee for the attorney member is $495 per year, however, you must have a biographical level listing on lawyers.com to be on the Attorney Match Service and that is $150 and up per month depending on the size of your firm. There is no guarantee for this service.
The final player in this marketing for law firms arena is Thompson's Findlaw.com (mentioned earlier as an attorney-listing service) with their new attorney-matching website http://www.LegalConnection.com. The FindLaw system is similar to the Lawyers.com system with three steps of #1 Select your legal need; #2 Tell us about your case; and #3 Choose the attorney that's right for you. It is different from Lawyers.com's system since they have broken it out of their attorney-listing services completely with its own dedicated website. Their fees generally run from $500 to $1000 per month depending on your practice area and geographic location. They do not have a guarantee. They do report that they do set targets for each geographic area as well as practice combination and then will manage their marketing to get positive results for attorneys.
Well, now we have all the players in this particular niche of marketing for law firms with a lot of information. I think it would be imperative for me to mention one more item. Both Legal Match and CasePost have negative information on the Internet and it needs to be considered. If you go to Google and search just the term LegalMatch and then do the same with CasePost you will be able to find details about the negative information. One location that covers the negative information on LegalMatch with relevant links is at http://en.wikipedia.org/wiki/LegalMatch although that is disputed as not being sufficiently neutral in tone, which is one of Wikipedia's requirements..
Conclusions and Recommendations on Attorney-Client Matching
Let me list my current thoughts/conclusions in this marketing for law firms niche of attorney-client matching services and from there it is up to you to make your decision:
1. This marketing for law firms vehicle clearly has some merit. This approach can deliver business to you that you would not get otherwise and get it to you now. Yes, you can do better and at least arguably cheaper for yourself through the right Internet attorney marketing strategies (see my website). However, it is not going to happen tomorrow and attorney-client matching can happen tomorrow. You can build your own systems while using these systems and then decide if you want to continue their systems or not. They will always probably get some business you would not have gotten otherwise even if you had your own online systems.
2. Unfortunately you are only "renting" the methods used to get the business you are being sent and don't "own" the business methods used. If you had the correct Internet marketing for law firms system up you would have a salable asset in those systems and be driving traffic exclusively to you, which is better than this option almost certainly in the long run for most if not all attorneys. Additionally, as a general principle it is not good to be dependent on any one source of referrals as I am sure you know. That said I still think attorney-client matching services are a good option before you have your own Internet marketing systems and/or other marketing systems up. You may even want to continue these services after you have your own systems up. Having your own systems up makes you more secure and now you are at choice about staying with the service or not.
3. Who is this marketing for law firms vehicle for really?
a. Someone who needs more business right now. These systems have a stream of business coming right now and they can send it your way right now. Other attorney marketing systems will take some time to make happen and yield results.
b. Someone who is very, very clear they don't want to be involved in the marketing process and are willing to pay someone else to do it for them even if it costs them more and they are "renting". If that is you, then this is probably a good move for you. That said, you still are going to have to "close" the client they send you via email or on the phone so you are going to be involved in marketing at that level, just less marketing. You are never going to get away from that aspect unless you are an associate who does nothing but technical work in someone else's practice (not that there is anything wrong with that).
c. Someone who is doing some attorney marketing that is not working for them or not working very effectively for them since if you stop what is not working and do this type that is working you may be able to reduce your marketing costs while increasing your revenue stream.
d. Finally, a partner level attorney who has a senior associate that has good people skills that could work this marketing for law firms vehicle and close the referred clients.
4. Who is this type of attorney marketing not for?
a. Someone who won't attend to the referrals from the matching service most if not nearly every working day.
b. Someone who does not have fair to good "closing skills" or "bedside manner" (Note: you can get some coaching from these firms to improve this aspect if needed and/or see my website for more information on this skill set). You are not the only attorney getting the referral from the match firm so you need to "shine" well enough to get hired. There is still an element of competition involved with maybe 3 to 5 other attorneys who got the same referral.
c. Someone in a geographic area that does not generate a lot of referrals in your practice area. Like a rural area or small town or maybe an estate planner in a low-income area. So you see this marketing for law firms vehicle is not for everyone.
5. The negative information on LegalMatch and CasePost is somewhat troubling to me even though much of it is from the past and has been positively addressed. The negative information of the past on LegalMatch appears to have not troubled the Utah Bar, the Association of Trial Lawyers of America and the National Association of Criminal Defense Lawyers. This is reassuring to me.
6. If you were reasonably sure this type of vehicle is for you I would go with LegalMatch first. I am presuming you are willing to work their system diligently and have at least low average "closing" skills (they will work with you to get your closing ratio up if you need some support in that area). Why LegalMatch? They have over 1500 members currently (a good sign I think), over 90 employees and have been in business longer. I figure that gives them an edge in knowledge, results and staying in business over time. Additionally, their "footprint" of bringing business to their members is almost certainly larger since they have more resources to drive business to their site than the others. If for some reason you are uncertain if this type of marketing for law firms is for you then I would go with LegalFish first. Why LegalFish? The LegalFish option would allow you to get into this marketing for law firms arena now with less expense and less risk than LegalMatch or CasePost. Do realize the LegalFish attorney marketing "footprint" is going to be much smaller than either of the other two services so they won't be sending as large a volume of business your way almost certainly. Do be sure you have in your agreement with LegalFish that they will not charge you for the months they do not send you business. If you had a good experience working the referrals from LegalFish, diligently worked the system almost daily, realized a good return on your investment and you wanted to do more then I would look into LegalMatch next. Either starting with LegalMatch or LegalFish, if you find that you really liked this approach to marketing for law firms there is nothing wrong with belonging to two or even three of the services.
7. If you decide to become a member with LegalMatch, Case Post and/or LegalFish do remember your financial arrangement and term of membership are somewhat to greatly negotiable. Do negotiate a win/win agreement for yourself. Naturally, if you can get references of current members to contact from them in your practice area and in a similar type market to yours so much the better before you sign your agreement.
8. I probably would not go with Lawyers.com at this point. Why? First, no guarantee. Next Lawyers.com does not appear to me to be promoting that part of the site enough. Additionally, I am not sure it is worth the cost of the bio and the fee that together will run at least $2,400 for the year. I suspect this money could be better put to use with one of the "big three". Lastly, given the consumer has a list of attorneys that could be large (search on the site for your zip code and practice areas and see how large it is for your area) you are going to be in a crowd I fear. Thus it looks like not much business and it seems no way to impact the consumers' thinking in your direction at the point where they are selecting who to contact. An exception to this thinking is if you already have a bio listing with them (and it is delivering business to you) this add on service might be a useful attorney marketing move given you are only spending $495 more per year. That said keep good records and see if it produces you any business. If not you would stop the service of course.
9. With respect to LegalConnection.com I probably would not go with them at this point. Why? No guarantee. I do see it as an advantage that it is a stand-alone away from the FindLaw.com site. For that reason alone I would favor it over Lawyers.com, however, I don't see LegalConnection.com or Lawyers.com as being in the same class as the "big three" at this point in time.

You can download free now the 125 page Report titled "31 Proven Law Firm Marketing Strategies" by Henry Harlow and much more. You can increase your income; reduce your work hours as you serve your clients better than ever - guaranteed. http://www.Law-Firm-Marketing-Coach.com

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Auto Accidents: Step by Step, by the Right Attorney

I have written this article with the "average" case in mind, as that imaginary "average" case is the one which occurs most often. I believe that there are absolutely "rights" and "wrongs" in the handling of a personal injury claim. At the conclusion of this report, if you have questions, I will tell you how we can connect to try to get them answered.
Problem Presented:
You have just been involved in an automobile collision which was not your fault. Your car is all banged up; you are hurt; you are probably worried about many of the consequences this collision has now created, and as the expression goes: "this just wasn't a good time for this kind of thing". There are 101 things racing through your mind. Certainly, the last thing you need is to worry about finding a good attorney to handle matters for you. Hopefully this article will give you a leg up on making that search a bit easier, by allowing you to know what to look for, and by allowing you to know what questions to ask.
Plan of action to solve the problem: find an attorney to help!
Finding an attorney is easy. Finding the right attorney might be a little tougher. First, understand that there is nothing immediately critical about hiring an attorney. I recommend, however, that you do so within 2 - 3 days of the collision. In this fashion you can avoid being hassled by insurance adjusters, and an intelligent course of action for you and your case can be formulated. Back to finding that attorney. If you have a good case, there are hundreds of attorneys who will be thrilled to work for you. I would be less than honest if I didn't admit that legal fees for "personal injury" cases can be very handsome. Such fees for the right attorney however, are well worth it. Read on, and you'll see why.
You should be able to recognize a sincere appreciative attitude on the part of the attorney you select. Again, there are hundreds of attorneys who'd be very happy to have you as a client. If the attorney you select isn't one of them, find one who is. That attorney will work very hard for you. Keep reading, and I'll help you learn how to pick the right attorney.
The Initial Stages and the first contact.
Your car is in need of repair, you are in need of medical treatment, and your ability to go to work at this point is in doubt, both because you now lack transportation, and because you don't feel physically able to do so. Insurance adjusters are calling. What should you do? A good attorney can tell you. A good attorney will also find out many important things, such as: did police investigate? was the other party given a ticket? who is the other guy? is there insurance? is there enough insurance? Again, a good attorney will advise you about what to do, and find out the answers to all of these questions. You need to concentrate on getting better. Investigating these matters and spending hours on the telephone are the last things on the doctor's prescription pad for you.
Good attorneys can be found in many places. If you don't know anyone who has used an attorney for a personal injury matter, there is probably a local bar association referral service. If there isn't, or if they're not open and you want contact now, internet search engines will offer the names and website addresses of all types of attorneys, from single practice attorneys up to large firms. I encourage a good look at the lawyer's or the law firm's website: read about their experience and see if the website "speaks to you." I do not recommend telephone book ads to find a lawyer, nor do I recommend television ads, because really, they don't tell you much. Once you select an attorney or two or three to interview, don't jump without asking a lot of questions, no matter where the attorney's name came from.
The first call to the attorney's office.
You select an attorney and you want to call him or her. Pay attention to several things: Is the number you are calling advertised as 24 Hours? If so, who answers the call? Is it a tape? Is it the staff? Is it the attorney? Any may be acceptable, but clearly, you should be looking to talk to the attorney within a reasonable time if that first call doesn't get you connected to him or her. Next, should you call "off-hours", or wait until business hours Monday through Friday, 9 - 5? My feeling is that an attorney who practices personal injury law must recognize that potential clients are calling, often very traumatized, often very confused, and often in need of some good solid advice. Accordingly, that attorney should be available whenever the potential client calls. So you call, and you are generally pleased. The attorney sounded okay, and invites you to his or her office for an appointment. Before you go in, ask some questions:
How long has the attorney been in practice? You want someone with experience.
What percentage of the attorney's caseload involves handling personal injury matters? It should be over 50%.
Does the attorney regularly go to court and try cases involving personal injury matters? Yes is the only acceptable answer.
Is the attorney accessible? Get a commitment that you'll be able to speak to the attorney, if you want to, within a reasonable time, every time you want to. Promise to respect the attorney's off-hours privacy, but ask if the attorney will give you a home telephone number for emergencies.
Will you be kept informed of all significant developments? This means that you'll routinely get copies of important correspondence, and that you will be consulted before decisions beyond the mere routine occurs.
How money is handled? Don't be shy about asking about this!! This is the primary reason you are hiring an attorney. Think about it... The mechanic is going to fix your car. The doctor will get you back to good health... You'll certainly ask them questions... The attorney is the person who will help get you the money from the other guy's insurance company to pay for all of this!
The first meeting with the attorney.
You're satisfied and you agree to meet with the attorney you've called. At this meeting you should meet the attorney, talk with him or her for as long as you want, and the entire process should be explained to you. This includes explaining all of the possible insurance benefits available to you from all sources, including your own insurance company, and how and when such benefits are to be expected. It also means explaining, at least in summary fashion, the applicable law which governs your case. Different states have different laws which control "liability" issues and ultimately affect compensation. Ask your attorney if your state follows no-fault, comparative negligence, or contributory negligence principles.
At this first meeting, which is really the beginning of your case, your attorney CANNOT predict how much money you're going to get for your injuries. Nobody knows, at the early stages, how badly you are hurt, how much medical care you're going to need, how much time you might miss from work, or even the potential legal theories which might be available. Can you predict the final score of a baseball game in the first inning? IT IS RIDICULOUS FOR AN ATTORNEY TO ATTEMPT TO ESTIMATE HOW MUCH YOU'RE GOING TO GET AT THE BEGINNING OF THE CASE.
At the initial meeting a paralegal or other staff member may take "administrative" information from you. The attorney should explain the legal contract, or fee agreement, with you. Attorney's fees in this type of case are almost universally "contingent fees", which means the attorney only gets paid when the case is settled; that is, the fee is "contingent" upon resolution. Usually attorneys charge one-third of the recovery, and usually contracts of this sort detail a higher fee, perhaps 40 - 50%, if the case goes to trial. This is fair; because going to trial is a lot more work for the attorney, and involves the attorney taking on a lot more risk. Recognize that every "contingent fee" case an attorney takes on is a case where the attorney is working for free, and at great risk of getting nothing, until (and unless) the case resolves.
How the first meeting should end.
Your initial meeting with your attorney should conclude with you receiving a copy of the fee agreement, and with a very concrete list of things which should be set to happen.
1. You should have a list of things the attorney needs, such as a copy of your insurance policy, pay stubs, tax returns, photographs, etc.
2. Telephone calls should be made promptly for the resolution of the damage to your car. The two most typical scenarios are as follows:
a) The car is repairable. If it's in a tow-lot, plans should be set to get it out, as storage charges accrue quickly. Next, insurers should be notified of the location of the car, so an appraisal of damage can take place. If the insurers can be notified quickly, often they will move it out of the towing lot. In any event, discussion as to what's going to happen one way or the other should be presented to you.
b) The car is destroyed, or "totaled". If there is an outstanding loan on the car, you must supply the lender's name and account number to your attorney so they can contact them to discuss payoff. Again, insurers must be notified of the car's location, so it can be moved and they can appraise the value. You will have to sign over the title to the car, so be prepared to make it available quickly. If there's a loan, usually the lender has the title, or a part of the title.
3. Plans should be set for you to get alternate transportation. Any good personal injury attorney should be able to recommend a reputable rental car company.
4. Plans should be set for you to get "the right type" of medical care. This means, in most cases, that you should be treating with an orthopedic physician, a chiropractor, or a general practice physician who provides physical therapy services. If you don't have a family doctor who can refer you to "the right type" of doctor, or if you don't know someone who knows such a doctor, your attorney should be able to give you the names of several reputable physicians near where you live or work. It is essential that you receive medical care if you are hurt, and that you get this care as soon as possible. Medical study after medical study shows that individuals who start medical treatment later end up needing more medical treatment than they would have if they had begun that treatment soon after the trauma occurred.
a) Good personal injury attorneys have many medical "contacts". If needed, arrangements often can be made through your attorney allowing you to receive medical care without payment up front (or as you go). This is accomplished by a document called an "Assignment". Both you and your attorney sign this document, and thereby agree that the doctor will get paid at the end of your case, from the proceeds recovered. In this fashion, the doctor is satisfied, because of the attorney's reputation, that payment will probably be forthcoming. Your attorney should tell you that the signing of this document does not eliminate your responsibility for payment.
5. Your attorney should send out several letters within the first 24-48 hours after meeting with you. At a minimum, these letters are:
a) to insurers, advising you are now represented, and advising that all contact about your case should go through the attorney's office;
b) to medical care facilities, requesting records, reports and bills;
c) to the accident witnesses, asking for statements, or requesting appointments to review what they saw or what they know;
d) to the investigating police, requesting the accident report.
The "middle stages", where you get better.
Your attorney and his or her staff are now acting as both a "collection facility", gathering records and bills from medical care providers, and continuing as a shield, keeping the insurance company representatives away from you. I often have clients call me and ask me "how's my case going"? If case liability is not an issue, that is, if it's clear that the collision was "the other guy's" fault, and his/her insurance company has "accepted" responsibility, then my answer to the question is simply "fine, how are you feeling?" I say this because at that point, assuming we've "secured" the liability issue, all that remains is waiting for the client to get better.
A good personal injury attorney is able to review medical records and spot problems, either in the way the records are written (mistakes?), or in the overall medical course. I have called doctors when I have felt that certain diagnostic tests were questionable. I have called doctors when therapy seemed to be continuing endlessly without any improvement in my client's condition. I have called doctors when bills seemed out of line. Your attorney should be knowledgeable enough to do the same, and should have the gumption to do so if and when appropriate.
The ending stages: evaluation of the case, and the settlement process.
ONCE YOU ARE COMPLETELY DONE WITH ALL MEDICAL CARE, AND ONCE YOU ARE BACK TO PRE-COLLISION STATUS, OR IF THAT'S NOT POSSIBLE, ONCE YOU'RE AS GOOD AS YOU'RE GOING TO GET, THEN, AND ONLY THEN, SHOULD YOUR ATTORNEY CONSIDER ATTEMPTING TO RESOLVE YOUR CASE.
Having said that, there are a few notable exceptions. First, the "statute of limitations" provides a limit on how long you have to either settle your case or file a lawsuit if your case cannot be settled. So, if you are not medically resolved, but the statute of limitations date is approaching, your attorney should meet with you and explain your options. Next, in many cases the total amount of insurance funds available (policy limits) will not be enough to truly fully compensate you. Thus, no matter how badly you have been injured, no matter how much your medical bills are, the insurance coverage available simply won't be enough. Accordingly, the question presents as to whether it is reasonable to "settle" now, given that waiting will not produce any more funds for you. It may be reasonable to attempt to resolve the case, assuming all options have been explored, if this situation presents itself. Your attorney should explain your options.
Show me the money.
I recognize that most people do not voluntarily position themselves to be automobile accident victims. People generally don't get hurt just so they can collect. Please don't have misgivings about seeking money here. This isn't about getting rich. This isn't about fraud or trying to take advantage of the system. When an accident occurs and you are the victim, there is absolutely nothing wrong with feeling an entitlement to money. Our system of civil justice provides this, MONEY, as the only remedy. You are entitled to be compensated for medical expenses you incurred, for wages you lost, for mental and physical pain and suffering, for disfigurement, for aggravation, for inconvenience, for disrupting the quality of your life, and for more.
Any good personal injury lawyer will tell you his or her opinion concerning the value of your case, now that you have gotten to that "settlement-ready" posture. If they don't know, or have an opinion, what are they there for? Your attorney should set out several things in writing to you BEFORE going to the insurance company to discuss settlement. These are:
1. How much the attorney thinks your case is worth.
2. How much the attorney is going to demand. Clearly, in the upcoming process of discussion with the insurance adjuster, the attorney must have room to negotiate.
3. How much you owe in outstanding medical bills. This will affect the "net funds" you receive.
4. Whether there are liens against the proceeds of your settlement. Health insurance, worker's compensation, or a federal, state or local agency (Medicare, Medicaid) may have made some payments for your medical bills or to you for wages you lost. These groups may be entitled to be reimbursed. Again, this will affect the "net funds" you receive.
5. What options are available if settlement negotiations aren't successful.
Is the lawyer going to attempt to mediate? to arbitrate? to litigate? You should know what all of these options are, if they are available, and what the pluses and minuses are with each. AND THESE should be compared to the settlement possibilities. It should be pointed out to you that if you get 95% of what you want through settlement negotiation, it probably isn't a stellar idea to file a lawsuit, which forces delay, causes extra expense, and leaves the case unresolved.
6. Who is going to negotiate. I believe that if you hire an attorney, it is fine for the attorney to delegate non-legal, administrative matters to non-lawyer staff. On the other hand, I believe the attorney you hire should be the one who gets on the telephone and negotiates your case for you.
The very end, hopefully: a successful settlement.
Once the case is settled, the attorney should receive a check from the other party's insurance company. You should see this check. It should have your name on it as a payee. It's okay if it also has the attorney's name as a payee. You should sign the check. The attorney should present to you a document similar to what I call a "Settlement Memorandum". This document should detail the "money in" (the insurance check for settlement), and the "money out", that is, all of the things which are going to be paid from that check. These will include the attorney's fee, outstanding medical bills, any liens, and a "net" for you. The check should be placed into a special bank account which the attorney should have, called either an "escrow" account, or a "trust" account. This is an account where client funds are held, and attorneys are held to the highest of standards for the accounting of these bank accounts by attorney licensing authorities and bar associations. Routinely funds should be deposited immediately after the check is fully endorsed, and thereafter, funds should be disbursed within 5-10 days, the delay simply to allow the funds to "clear".
After care.
Your attorney should complete all legal matters relating to your case. This means sending payment for all outstanding medical bills and liens. This means providing you with a copy of all of the checks written for those purposes. You should also either be given copies of the important items in your file (medical records, for example), or your attorney should advise you that he or she will keep them for your future needs.
Some Final Thoughts.
Good luck to you. Please drive safely. Wear your seatbelt. Put your kids in car safety seats. Don't even think about drinking alcohol or using drugs and then getting behind the wheel. I hope you never get into an automobile collision. If you do, I hope you don't get hurt too badly. Remember to keep your perspective. Remember that you are more important than your car. Take your time with the legal matters ahead of you.

The Law Offices of Paul A. Samakow
http://www.samakowlaw.com
contact me: paul@samakowlaw.com
or
1-866-SAMAKOW (866-726-2569)
I consider myself a problem solver. This means, for you, all you do is concentrate on getting better. I do the rest: deal with the insurers, the car, and all of the legal and financial issues.

Article Source: http://EzineArticles.com/?expert=Paul_A_Samakow

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