Selecting a Litigator-Trial Lawyer

For most people, when they need to retain a lawyer for a contested matter (a trial case), they go to the internet and review web sites. That’s a great place to start; but, it should only be “a start”. Nowadays, most lawyers/law-firms have glitzy websites and espouse that their lawyers are “trial lawyers” and represent that their lawyers have great winning loss  records. In many instances, nothing could be further from the truth.

Mackey Law Group’s lawyers are literally in the courtrooms every day in a variety of different types of cases. This means we are not afraid to go to trial and do not try to convince a client to settle because of courtroom inexperience. You may be surprised to hear that we never encounter most of the TV or bragging website attorneys, which logically means they are not in the courtroom as often as they would like you to believe.

Truth be told, most self-proclaimed “trial lawyers” are not experienced winners in the courtroom and most of them have never even tried a jury case. These Website Legends push paper around and then scramble to settle their cases because they are actually inexperienced in the courtroom. But how does a non-lawyer know how to select a real trial lawyer? The following are some questions you should ask and demand answers to:

  1. When was the last time you actually tried a contested case to conclusion?
  2. How many trials have you first-chaired (the first string attorney) in the past three years?
  3. Have you ever selected a jury and first-chaired a jury trial to conclusion?
  4. Do you win most of your cases? Why not?
  5. Are you a Small Claims lawyer, a County Court lawyer, a Circuit Court lawyer? Cases in each court go up in  complexity as more money is at stake.
  6. Are you admitted to the United States Federal Court? Have you tried cases to conclusion in Federal Court?
  7. Are you also a “mediator”. If so, why? Do you not have enough work in your office and/or cases to try?
  8. What types of cases have you taken to trial where there is a jury or judge verdict in favor of your client?

All of the above are fair questions. Any real trial lawyer will welcome the opportunity to answer such questions. Web site bragging should never be the reason to hire a lawyer. You may be placing your financial life in a lawyer’s hands and you need the best. My personal observation is that many lawyers are ill-prepared at trial, lack real knowledge of the rules applicable to trying cases, and are just plain lazy……not returning telephone calls, not planning-out how a case should proceed, and failing to be mentally aggressive.

Make sure that you are selecting the right lawyer. Here at Mackey Law Group we are experienced trial lawyers. We are also winners. We welcome the opportunity to answer the above questions. Make sure that you get the very best lawyer that you can afford.  Never settle for less.

By: Peter J. Mackey, Esq.