How do I choose the right lawyer for my case?

The most important issues in selecting the right an attorney are experience, qualifications, and professional reputation. There are many sources of information about attorneys: the Internet, advertisements, friends, other lawyers, etc. However, while each of those can be helpful and informative, the single best way to determine whether a lawyer is right for your case is to talk to the attorney directly.

Most attorneys will speak to you on the telephone or in person at no charge to answer basic questions before formal legal representation begins. This process is important because it allows you to determine whether you like and trust the lawyer and it permits the attorney to decide whether he wants to handle your case.

Do not be afraid to formally interview your lawyer. This will show the attorney that you take your case (and his job) very seriously.
Ask thoughtful, direct questions. Demand straight answers. Consider the information you obtain, and go with your instincts. It is important to be both comfortable with and confident in your attorney.

The following questions should assist you in making an informed decision on who will represent you:
  1. How much experience does the lawyer have? Do not simply ask how many years the attorney has practiced law; question him about what he has been doing all those years. With regards to experience, quality is as important as quantity. For example, if you need an injury lawyer, ask the attorney how many similar injury cases he has handled, how many of those cases went to trial, what results has he achieved in those cases, etc. If your case is criminal in nature, ask whether the lawyer has worked as a prosecutor, with other law enforcement agencies, or for the judiciary.
  2. What are the lawyer’s qualifications? Here, start with questions about education and training; then move onto prior work history; then cover any other related accomplishments. Where did the lawyer go to school? What were his grades? Has he continued his education in the specialized fields applicable to your case? Has he clerked for a judge? Did the lawyer’s past work in the public sector or other law firms result in specialized expertise? Is he active with any law journals, bar associations, or professional groups? Has he published any relevant books, articles, columns, etc.?
  3. What is the lawyer’s reputation among judges and other lawyers? This topic is awkward to address and difficult to assess, but extremely important. If you have access to judges or other lawyers, bluntly ask them what they think of the attorney in question. If not, begin by asking the lawyer if he has ever been disciplined by the bar. Also ask the attorney to provide you with his Martindale-Hubbell peer rating. Ideally, you would like to hire an AV-rated lawyer, someone recognized by judges and lawyers alike as having achieved the height of professional excellence in legal ability and ethical standards.
If you dedicate yourself to a thorough attorney-client interview focusing on the lawyer’s experience, qualifications, and professional reputation, your chances of choosing the right lawyer for your case will increase tremendously.

© 2009 J. Parker Layrisson


How can I protect my family from dangerous drivers before an accident happens?

The single best way to protect your family from dangerous drivers before an accident occurs is to purchase as much uninsured/under-insured motorist bodily injury insurance coverage, also known as UM insurance, as you can afford.

To understand why UM insurance is so critically important, imagine the worst -- that your wife and children have been seriously injured in a car wreck caused by a reckless drunk driver. Your wife has injured her head and spine, and she needs emergency neurological surgery. It will be months, if not years, before she is out of bed and ready to return to work. Likewise, your kids are hurt and hospitalized indefinitely. The medical costs are astounding: over $10,000 a day for ICU treatment; more than $5,000 per day for additional hospitalization; thousands more for X-rays, CT scans, MRI, and other diagnostic tests; tens of thousands for outpatient surgeries; and thousands more for physical therapy, rehabilitation, and prescription medications. Finally, your wife's lost wages and additional out-of-pocket costs are staggering.

Who will pay for these extraordinary expenses and the pain, suffering, and distress you and your family have endured through no fault of your own? The drunk driver? His insurance company? Your insurer?

Under Louisiana law, the person who caused the harm is liable to pay for your damages. Legally, the reckless drunk driver is responsible to your family for all damages. However, if the drunk driver is broke, he cannot pay you. If he goes bankrupt, he will not pay you. Even the best lawyers cannot recover damages for severe injuries from a deadbeat driver that lacks money and insurance. Thus, you should never depend solely on the driver who caused the accident to cover your bills.

Of course, Louisiana law requires all drivers to carry automotive liability coverage. This is a contract between the driver and an insurance company that requires the insurer to pay damages on the driver's behalf when he causes a wreck that hurts someone else, like your family. However, our state only requires $10,000 of insurance coverage (the lowest mandatory minimum in the country) and many drivers carry no insurance at all. So you should not count on the drunk driver's insurance for help either.

It is clearly unwise to rely on the other driver and his insurance company to protect your family from possible automobile accident losses. To truly protect the ones you love, you should take matters into your own hands by buying lots of UM insurance. UM insurance is a contract between you and your car insurance company that protects your family against damages caused by uninsured motorists, under-insured motorists, and hit-and-run drivers. So if the drunk driver who injured your family had no insurance, had minimal insurance policy limits of only $10,000, or if he fled the scene without providing any insurance information or identification, your UM insurer must pay for your damages up to the limits of your UM policy. Therefore, you should immediately buy as much UM coverage as you can afford.

UM insurance is cheaper than liability insurance and worth every penny.

© 2009 J. Parker Layrisson



How can I protect my rights after injury in an auto accident?

There are several simple steps you can take to protect your rights after a motor vehicle accident: (1) get medical treatment; (2) preserve accident and injury evidence; (3) refuse to talk to the other driver’s insurance adjuster; and (4) contact a personal injury lawyer.

Under Louisiana law, any person who causes you harm is liable to pay for your damages. That means that if a reckless driver caused a car accident that resulted in your injuries, that other driver must repair your vehicle, pay your medical bills, replace your lost wages, cover your out-of-pocket expenses, and compensate you for your physical and mental pain and suffering, among other things. Where the other driver’s automobile insurance or other liability insurance applies, insurance companies employ claims adjusters, trained risk management professionals who represent the insurance companies’ interests – not yours!

First and foremost, you should attend to your injuries by seeking immediate medical attention from a doctor. Go to an emergency room, family practice, after-hours clinic, chiropractor, or other licensed health care provider. Thereafter, follow your doctor’s advice about follow-up treatment and go to every scheduled medical appointment. Injuries must be proven through medical records and expert testimony; it is not enough for you to simply say you are hurt.

Also, you should collect all of the information you can from accident witnesses and other drivers, including names, addresses, license plate numbers, telephone numbers, insurance info, and police info, etc. Save all the documents you receive that relate to the accident and your injuries: accident reports; photos of the accident scene, your vehicle, and your injuries; names and contact information of witnesses; medical reports; medical bills; and receipts for prescriptions, vehicle repairs, and other related out-of-pocket expenses. Damages must be proven with actual evidence; the insurance company will not believe your word without supporting documentation.

Additionally, you should refrain from discussing the details of the accident or your injuries with anyone except the police, your doctors, and your lawyer. Do not count on insurance adjusters who call you on the telephone to deal fairly or protect your rights in any way. Think of the usual line from police movies: “Anything you say can and will be used against you in a court of law.” Although you are not a criminal, the same principle applies: loose lips sink ships! Adjusters and other witnesses can twist your words and use them against you later on. Therefore, do not give a statement to the other driver’s insurance adjuster. Also, do not sign any insurance company forms.

Finally, if you have been injured in an automobile accident through no fault of your own, you should contact a Louisiana personal injury attorney for a free consultation. Lawyers typically charge a contingent fee in personal injury cases, meaning that you do not pay anything up front and the lawyers do not get paid until you get paid by settlement or judgment.

© 2009 J. Parker Layrisson



Should I treat a DWI citation like any other traffic ticket?

Unlike typical traffic tickets, a citation for driving while intoxicated (DWI) poses an urgent and considerable threat to your freedom, wealth, and reputation. Consequently, you should immediately hire a qualified DWI defense lawyer to guide you through the complicated process. Failure to hire the right attorney in time could forever prejudice your rights.

In Louisiana, DWI is a serious crime. It is punishable by imprisonment, fines, probation, and suspension of driving privileges, among other penalties.

If you have been arrested for DWI, you face two separate legal proceedings: (1) criminal prosecution in city or district court; and (2) administrative driver’s license suspension by state’s office of motor vehicles.

Criminal prosecution is the more important of the two legal proceedings because conviction can result in jail time, fines, probation, community service, and other burdensome penalties. DWI conviction can also tarnish your permanent criminal record, resulting in lost employment, educational, and personal opportunities. Conviction can further haunt you by drastically increasing penalties in future DWI cases. Finally, DWI criminal conviction can cause your insurance rates to skyrocket, costing you thousands in additional premiums.

In most cases, the district or city court will schedule the first mandatory criminal court appearance, the arraignment, within a few months of the DWI arrest. At arraignment, the judge will read you the charges, ask you to enter an initial plea, and assign you subsequent court dates for motions, pre-trial conference, and/or trial. After the arraignment, you have only 15 days to file written motions with the court requesting obtainable evidence and asserting relevant defenses.

The administrative driver’s license suspension process moves even faster than criminal court. Under Louisiana law, refusal to take or failure to pass a chemical breath test results in an automatic suspension of your driver’s license by the Louisiana Department of Public Safety, Office of Motor Vehicles. Typically, the arresting officer will confiscate your license upon arrest.

To challenge the driver’s license suspension, you must request a hearing before an administrative law judge within only 15 days of arrest. You should also subpoena the arresting officer(s) to appear at the hearing. In addition to providing your only opportunity to reclaim your full driving privileges, the administrative law judge hearing usually presents the first (and best) opportunity to question the arresting officer about your DWI arrest and review the police report.

Considering the harsh ramifications of DWI conviction and the short 15-day deadlines applicable in both the criminal court and administrative proceedings, you should retain a qualified DWI defense lawyer as soon as possible to fight your charges. Making the mistakes of not hiring a lawyer, hiring the wrong lawyer, or even hiring the right lawyer too late can doom your case forever.

© 2009 J. Parker Layrisson


See Old News: Archive