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Finding a Lawyer

Do you need a lawyer?

You definitely do not need a lawyer for every small injury case. The reason is that in a small case, if lawyers were paid the real value of our time and skill, the legal fee and costs might leave little or nothing for you after all the bills are paid. We don’t believe that would be fair to you.

But what is a “small injury case”? Often, no one can tell at the beginning whether a case is small or large. The extent and persistence of an injury is not clear at the beginning. If you are in doubt about whether you need a lawyer, call us or fill in the form on our website. We will give you a straight answer, at no cost to you.

Choosing a lawyer to represent you is an important but daunting task. The decision certainly should not be made on the basis of advertising alone. The Yellow Pages are filled with ads--all of which say basically the same thing. Anyone can buy a slick commercial. Heck, you shouldn’t even hire us until you trust that we can do a good job for you.

How do you choose a qualified personal injury lawyer?

We at Ches Crosbie Barristers believe that there are certain questions to ask that will lead you to the best person for your case—no matter what type of claim you have. It may involve some time on your part, but that's OK because the decision as to who your lawyer will be is very important.

The world of personal injury, accident and disability claims is, in our opinion, much too specialized for someone who does not regularly handle these cases. You should be aware that the insurance companies who defend personal injury and accident cases know who the lawyers are who actually go into court to try cases, and who do not. The insurance companies use that information to evaluate their risk. One of the first questions some insurance adjusters will ask when a serious claim comes in is: who is representing the plaintiff? If this information is important to the insurance company, shouldn’t it be important to you?

If you are represented by a law firm which "handles" a lot of automobile cases but settles them all, that may mean the firm does not try many cases in court and that you may not be in the best of hands. We believe it is so important that you get into the right hands that if you call us, and we do not accept your case, we will give you the names and telephone numbers of other good lawyers in our area that you should call if you don’t become our client. Why do we give you the names of our competition? Easy-- It our desire at Ches Crosbie Barristers, above all else, that people with meritorious cases get into the hands of experienced and good lawyers.

Tips on finding a good lawyer in your area:

1. Look on www.BestLawyers.com or www.Lexpert.com. These sites contain the names of lawyers who are peer-reviewed – ranked highly by other lawyers – in various specialties.
2. Get a referral from a lawyer that you know. He or she will probably know someone who does specialize in your area of need. If you don't know anyone at all, do a Google search under terms like “Newfoundland Injury Lawyer” or “Newfoundland Accident Lawyer”. Or “Newfoundland and Labrador Injury Lawyer” etc., if you prefer.
3. The Yellow Pages can actually be a good source of names. Understand four things, however: First, not everyone advertises in the Yellow Pages. Most of our cases come from referrals from other lawyers or from satisfied clients. Second, be careful about the ads that tout too many different areas of practice, no one can do everything well. Third, be careful about the double page ads. This advertising typically attracts a lot of cases, including the small cases that we do not accept. Make sure that the lawyer you hire is selective enough with his or her cases that your important case does not become just one more file in the pile, buried under the “weight” of Yellow Page ads. Fourth, ask yourself how much useful information do the ads actually contain. If they just say “Free consultation” and “No fee until you collect”, they are not telling you anything new. Go for the law firm that gives you useful information and respects your intelligence.
4. The Law Society has a lawyer referral service. Understand that lawyers have signed up and paid a fee to be listed in certain specialties. Their names come up on a rotating basis. This is another good source for an initial appointment. Just take the questions we talk about here to that interview.
5. Ask each lawyer if they have information just like this book and/or a web site so that you can find out more about qualifications, experience, and method of handling a case before you walk in the door.
6. Be careful about any lawyer who rushes you to sign a contingent fee agreement. A contingent fee is not the right fee for every type of personal injury case. You have the right to take the agreement home, read it and understand it.
7. Beware of any lawyer who contacts you in writing just after you have had an accident for the sole purpose of soliciting your claim. If you are contacted “cold” it should be for the sole purpose of providing free information to you that you can study in your own home on your own time.
8. Beware of a lawyer who has a stable of doctors he wants to refer you to. A pattern of referrals from the same lawyer to the same doctors is perceived negatively by insurance companies and judges, and can actually be the “kiss of death” to your claim.
9. Here are factors and good points to look for and question your lawyer about. Note that not every lawyer will meet all of these criteria, but the significant absence of the following should be a big question mark.
   • Experience – obviously, the longer you have been practicing a particular area of the law, the more you will know. Experience is a big factor in most cases.
   • Experience actually trying cases — The greater your number of cases actually tried and substantial awards and settlements achieved, the more likely the insurance companies will respect you. Past results are not a guarantee of the future but past results do demonstrate some level of experience and success. All the same, the experience most people value is the experience to get a good outcome without going to trial! We have many satisfied clients whose cases have settled and very few whose cases have gone to trial.
   • Respect in the legal community — does the lawyer teach other lawyers in Continuing Legal Education courses?
   • Membership in Best Lawyers in Canada — a compilation of the Best Lawyers in Canada, as selected by peers. This can be checked on the web at BestLawyers.com.
   • Membership in Lexpert — another peer review publication, searchable at Lexpert.com. Membership in Lexpert and Best Lawyers in Canada cannot be bought, and is an indicator of respect on the part of other lawyers.
   • Membership in trial lawyer associations. In our area, you can certainly find a lawyer who is a member of the Atlantic Provinces Trial Lawyers Association (APTLA), and the trail-blazing American Association for Justice (AAJ). Some dedicated lawyers are also members of other provincial bodies, such as the Ontario Trial Lawyers Association (OTLA). All three of these organizations provide extensive education and networking for trial lawyers.
   • Serious involvement in trial lawyer associations — whether your lawyer is or has been involved in the leadership of trial lawyer organizations, for example as a member of the Board or as a President, is another indicator that the lawyer is dedicated to excellence in representing injured people.
   • Honors and Awards — appointments such as Queen’s Counsel (Q.C.) and other awards can be recognition of merit by other lawyers and the community.
   • Scholarly Publications — has your lawyer written anything that has been accepted for publication in legal journals? This is another sign of respect that the legal community has for his or her skills and experience.
   • Consumer Publications — has your lawyer published anything aimed at providing useful information to the consumer – like this book? A lawyer who wants the public to be well informed about their rights probably works hard on his or her cases and treats clients with the respect they deserve.

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