A lawyer’s record is important, but her quality cannot solely be judged by her win/loss ratio alone. There are other considerations which influence clients when making their selection.
One factor to keep in mind when hiring an attorney is their disciplinary history, which you can discover by searching PACER (the federal court records system). Your attorney should also be able to inform you about his or her record.
Cases Won
An attorney’s past track record can help prospective clients make informed decisions when hiring one for their case, however finding this data may not always be easy as some attorneys may keep this data private or refuse to share it. Others, however, may provide this information upon request. To do so easily and efficiently, simply ask your attorney directly; alternatively you can file an open records request with their office or local court which can reveal details such as their case history as well as performance reviews. PACER (federal electronic records system) allows users to search cases filed in U.S. district, appellate and bankruptcy courts.
Cases Lost
Filing an open records request with the local court where your attorney practices can provide access to their case history. Furthermore, public defender offices or local courts have an obligation to release any details concerning cases they defended; losing doesn’t indicate poor work; some cases simply prove more challenging than others.
Cases Disciplinary
If an attorney has ever been disciplined before, that should serve as a warning sign. Check for any history of discipline against them whether public or not as it could indicate ethical problems with them and may preclude them from representing your case effectively.
State bar associations typically maintain records of any complaints filed against lawyers in your area. When someone thinks their lawyer has violated Bar rules or handled a case inappropriately, a complaint will typically be lodged and reviewed by a disciplinary board for consideration of punishment – this can range from an informal letter of admonition on one end of the spectrum all the way up to disbarment (the most serious).
Try reaching out to previous employers or clients of an attorney, to gain some insight into what their experiences have been with him/her. While this method may be less reliable in pinpointing any potential problems with them, it will still give an idea of what awaits if working with this individual.
When lawyers face serious allegations, the Disciplinary Board may refer their cases to a special master for hearings. This process mirrors civil proceedings with all documents relevant to discovery served upon them and provided by a special master who then holds hearings to ascertain if there is probable cause to believe there has been violations of rules committed.
If the special master finds sufficient cause to bring charges against an attorney for violations of rules, if their respondent lawyer rejects these accusations the Supreme Court will make its ruling based on evidence presented in the case and, in certain cases, request from the Disciplinary Board an order imposing specific public discipline, such as fines; then once published in the Bar’s official journal the public can view both its record as well as hearing results in much the same way as any legal document.
Cases Settlement
Many cases don’t make it all the way to court; even those that do often settle without going all the way. Understanding which lawyers win and lose gives an idea of what your own case might entail as well as helping select the appropriate one for your specific needs.
Your first step when looking for an attorney should be researching their past cases or searching for them online. There are directories such as LawHelp/NY and Martindale-Hubbell that provide access to attorney profiles in your area; many also include advanced search options which enable users to filter by language spoken, law school attended or other factors.
Visit the courthouse where an attorney practices to learn more about their past cases. Many courts offer public defender offices or public records departments which can give information about cases they have handled, while filing an open records request with either may provide more detailed case data.
To gain more of an overview of an attorney’s case history, you can utilize the PACER electronic records system. This service allows users to search cases filed in U.S. district, appellate, and bankruptcy courts by attorney name.
Settlements at our firm involve working closely with you to negotiate and prepare all paperwork and legal documents required for settling your claim. We ensure you receive the full amount due, while also including in your settlement agreement a full liability release to prevent you from filing additional claims in relation to the accident or injury in the future.
Finally, our lawyers will work with any third parties involved in your settlement (such as the government) to lower any claim amounts they owe us. This may involve side negotiations between that third party and us to find an equitable compromise solution that benefits both sides.
