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Finding a Lawyer
If you need an attorney specifically for a disability determination
through Social Security, please see "Finding
a Lawyer for a Social Security Disability Case."
If you are seeking legal advice on a worker's compensation
case, see "Finding
a Lawyer for a Worker's Compensation Case."
If you are looking for a lawyer to represent you in a case
related to your reflex sympathetic dystrophy (RSD)/complex
regional pain syndrome (CRPS), first ask your friends, colleagues,
family members, fellow support group members, or neighbors
for recommendations. Word of mouth is often the best way to
find a good attorney, especially if you get the same recommendation
from more than one person. Another source of recommendations
is through an Internet chatroom or bulletin board support
group.
If you cannot find an attorney for your case through personal
connections, several organizations have referral services.
The
American Bar Association (ABA) has a referral service
by state on its website (On the same page, the ABA also provides
several helpful publications, such as "Hiring a Lawyer,"
"Paying a Lawyer," "Finding Free Help,"
and "Legal Terms.") Some links let you search for
a lawyer by specific specialties (such as medical malpractice,
personal injury, and employment law, including workers compensation).
In addition, there are many state and local bar association
with directories of their members, often listed by specialty;
you may contact those associations for suggestions.
In addition, the American Association
for Justice, formerly the Association of Trial Lawyers of
America or ATLA,
has a referral service for anyone who is considering suing
another party in civil (not criminal) court. (The Association
has a CRPS/RSD litigation group whose members hold seminars
to discuss strategies with CRPS/RSD cases and exchange medical
information, so someone who is a member of this group may
have a better understanding of your situation than someone
who is not.)
One commercial website, www.lawyers.com,
lets you search for a lawyer by specialty and gives you information
about the firm's size and whether or not the firm offers a
free initial (or first) consultation. (Remember that the order
in which the lawyers are listed on some web sites may be due
to fees the lawyers have paid to the site.) You can also find
an attorney through the listings in the business pages of
your local phone book under the subject area "lawyers"
or "attorneys." Still, remember that it is often
better to find a lawyer-like any other professional you may
hire-on the basis of a personal recommendation from someone
you trust who knows the attorney's skills and abilities.
You may end up with more than one attorney, especially if
your case is complicated. Sometimes the other lawyer (the
co-counsel) is an expert in one part of your case but is not
licensed to practice law in your state and thus works with
your attorney who is licensed to practice law in your state.
If you do not have much income, LawHelp at www.lawhelp.org
can help you find a free or low-cost legal aid program to
help with a variety of issues, including housing, employment,
bankruptcy, and disability. You may also find a legal aid
clinic in the phone book or through a bar association. Some
bar associations may be able to refer you to lawyers who may
help you for reduced fees if your income is limited.
However, before you spend any money on legal fees, keep in
mind that some government agencies may provide you with the
appropriate information and channels to resolve a problem.
For example, if you have a concern about your rights at work,
you may find the answers to your questions on the Justice
Department's Americans with Disabilities
Act website or on the website of the Equal
Employment Opportunity Commission. The Job
Accommodation Network (JAN), part of the U.S. Department
of Labor's Office of Disability Employment Policy, provides
information about employment for people with disabilities
on its website. You can also call JAN at 800-526-7234 to get
advice, at no charge, about your employment situation.
If you decide that you definitely need an attorney-whether
for a disability case, employment problems, or other issue-it
is generally a good idea to speak with a few lawyers before
deciding which lawyer to hire or to retain. You may want to
have a friend or family member-someone whose opinion you value-come
to the meeting with you. Then asking the lawyers questions,
such as those below, may help you make a good choice.
- What do you charge, if anything, for the first or
initial consultation?
- Do you accept cases on a contingency* basis or only
on a fee basis?
- What do you estimate your fees for your services will
be?
- What do you estimate your expenses will be?
- How long have you been practicing law and how much
success have you had with Social Security disability cases,
particularly those for RSD/CRPS?
- How much do you know about RSD/CRPS?
- Have you attended any relevant seminars or courses?
- What do you think my chances of success are?
- How long do you think it will take to resolve my case?
- What paralegals or other lawyers, if any, will work
with you on my case, and who will be my primary contact?
- Do you have malpractice insurance?
- Can I review your attorney-client contract that I would
be expected to sign? (It is a good idea to take it home with
you to review carefully before signing.)
You may also want to call the Better Business Bureau to see
if any complaints have been filed against the attorneys you
are considering. The lawyers' associations and some states
also keep a record of attorneys against whom complaints have
been filed or legal action has been taken, but these lists
vary by state. If you still are not sure about your choice
of attorneys, ask for a follow-up meeting if that will help.
Make sure you feel comfortable with your decision before you
agree to hire anyone.
If you become unhappy with your attorney, you do not have
to have that person continue to represent you. You may simply
inform the lawyer, in writing if you prefer, that you wish
to hire other legal counsel. However, you should expect to
pay for the services provided up to that point and for the
time that it will take for the next attorney to become familiar
with your case. Generally, your legal file belongs to you.
Another resource on lawsuits is the RSDSA Review article
"How to Lose Your Case
in 12 Easy Steps" by R. Steven Shisler, Esq.
* If a lawyer takes your case on a contingency basis, you
generally do not pay the lawyer anything until and unless
you win the case. Then, generally, a lawyer will be paid one-third
of your award plus expenses. (If you have switched lawyers
and then win your case, the lawyer who actually won the case
may have made an arrangement with the previous lawyer[s] to
give them a portion of what you have been awarded in the case.
In some states, a former attorney who took a contingency case
can take you to court to get reasonable compensation, i.e.,
payment, for any time and expenses the lawyer had spent. )
However, some lawyers will charge you for their expenses related
to your case even if you lose your case. The attorney-client
contract should tell you what charges you must pay.
Steven Shisler
1515 Market Street, Suite 810
Philadelphia, PA 19102
Tel: (215) 564-4080
E-mail: sshisler@shislerlaw.com
Updated January 26, 2007 |
