“Two of my employees were involved in an auto accident that was not their fault. They were about to hire an out-of-town law firm that advertises heavily on television because the attorney in the commercials is a big fan of the same football team as they are!
“I told them that’s not a sound basis to retain a lawyer, and to stay local as our town has many good attorneys. Also, I had them read your December 2020 article, “Could Your Lawyer Have Cheated You on Your Bill?” which described illegal charges — theft — by a TV-advertising, personal injury law firm hundreds of miles away from where your reader lived.
“But they would not listen to me, hired them despite horrible Yelp reviews, and now have large unpaid medical bills! Dennis, an article explaining why it is a good idea to hire a lawyer who actually lives in your town would help a lot of people.”
Sign up for Kiplinger’s Free E-Newsletters
Profit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail.
Profit and prosper with the best of expert advice - straight to your e-mail.
‘Fight for You Rights’ TV Commercials
We’ve all seen television ads for personal injury and workers’ compensation law firms that say things like, “We fight for your rights!” What they do not tell you is that hiring one could be the worst legal mistake of your life.
The California State Bar is investigating the fraudulent billing practices of the law firm in my December 2020 article — and it is one of many law firms I am aware of that illegally charge for expenses that the lawyers never incur.
So, Why Stay Local?
I spoke with Bakersfield attorney David Cohn, in practice over 40 years, and considered one of the most accomplished personal injury trial attorneys in the United States. He outlined the risks in hiring a lawyer based on snazzy television commercials.
“In so many instances, the TV ads make it look like the lawyer is local, but that’s deceiving. Many are personal injury mills with a local phone number, and even a local office address. But drop in and you will never find an attorney. You will almost never meet the lawyer in person, only office staff.
“So, you see their commercial, phone, over comes an investigator who signs you up, and immediately they send you to their out-of-town doctors just to build up huge, unnecessary medical bills in the hopes of a large settlement, which seldom occurs. And, you could be left with unpaid bills. I see this often.” Cohn points out, adding:
“When their dissatisfied clients come to us, we often find medical bills that are 10 times what is normal! Clients have no idea what they have gotten themselves into.”
One of the dirty little secrets of these personal injury mills — which spend millions on television advertising — is something clients are also unaware of: “They do not have your best interest in mind and do not ‘fight’ for top dollar! All they want is a quick settlement.”
The TV ads give the impression that the lawyer you see in the commercial — whom you will likely never meet — is handling your case. But Cohn notes:
“In reality, it’s an administrative assistant, not an attorney. They take any accident case and hope for one with significant injuries, which they broker to a trial lawyer, for a large referral fee, because the lawyers who run these firms don’t try cases.”
Will Your Lawyer Actually Go Court?
In spite of what we see on television and in the movies, few lawyers go to court. Very few personal injury lawyers have ever tried a case. But, does it really matter? And, if it is true that most personal injury cases settle before trial, should it matter at all where my lawyer is located?
You bet it does!
Cohn explains why it is so critical — even for what may seem to be a “simple” case that you would never expect to wind up in court — to be represented by local counsel who are real trial attorneys who will try a case.
“Insurance companies know which lawyers will go to court and which are ‘TV’ lawyers, who just settle a case without going the extra mile for the client. This allows the company to settle your case for far less — often thousands of dollars less — than what is fair.”
And if your case has to go to trial?
“You want a local law firm that tries cases, knows and is known by the judges in your community, not someone the TV law firm found because they aren’t able to provide their clients with competent professional service,” Cohn underscsores.
And Before You Hire the Attorney...
Cohn lists these five important steps before retaining a lawyer.
- Research and find out as much as you can about the attorney.
- Find out if that lawyer is truly local.
- Ask whether that lawyer tries cases in court.
- Learn what their success rate is.
- Go to your state Bar’s website to find out if that lawyer has had any disciplinary issues.
Concluding our interview, I asked, “What has given you the greatest satisfaction from your long career in law?”
“It is doing the best I can to make my clients as whole as possible. That’s my job, but, Dennis, as corny as this sounds, it’s really more than a job. It is a calling.”
-
What Wall Street's CEOs Are Saying About Trump's TariffsWe're in the thick of earnings season and corporate America has plenty to say about the Trump administration's trade policy.
-
The Role of the U.S. Dollar in Retirement: Is It Secure?Protect your retirement from de-dollarization, because “capital always goes where it is treated best."
-
To Stay on Track for Retirement, Consider Doing ThisWriting down your retirement and income plan in an investment policy statement can help you resist letting a bear market upend your retirement.
-
How to Make Changing Interest Rates Work for Your RetirementHigher (or lower) rates can be painful in some ways and helpful in others. The key is being prepared to take advantage of the situation.
-
Within Five Years of Retirement? Five Things to Do NowIf you're retiring in the next five years, your to-do list should contain some financial planning and, according to current retirees, a few life goals, too.
-
The Home Stretch: Seven Essential Steps for Pre-RetireesThe decade before retirement is the home stretch in the race to quit work — but there are crucial financial decisions to make before you reach the finish line.
-
Three Options for Retirees With Concentrated Stock PositionsIf a significant chunk of your portfolio is tied up in a single stock, you'll need to make sure it won't disrupt your retirement and legacy goals. Here's how.
-
Four Reasons It May Be Time to Shop for New InsuranceYou may be unhappy with your insurance for any number of reasons, so once you've decided to shop, what is appropriate (or inappropriate) timing?
-
Before You Invest Like a Politician, Consider This DilemmaAs apps that track congressional stock trading become more popular, investors need to take into consideration some caveats.
-
How to Put Together Your Personal Net Worth StatementNow that tax season is over for most of us, it's the perfect time to organize your assets and liabilities to assess your financial wellness.
