How do you know if your solicitor is any good?

[T.C]

As a motorcyclist, it is probably fair to say that one of our biggest worries or concerns is being involved in an accident, particularly one where we end up being injured. Having a crash is stressful enough in itself but the thought of having to take legal action to seek redress can make the worry even greater. A question I regularly get asked, particularly when the rider has been injured, is “How can I ensure that the best solicitors are appointed to look after my claim?”

Well let’s start with the basics. There are two main ways in which a solicitor is appointed. The first is through a legal expense insurance which often forms part of your road risk policy. Solicitors on that insurance company’s panel are appointed to look after your interests. The other way is for you to appoint your own solicitors and have your case funded under a No Win No Fee agreement or, to give it its proper name, a conditional fee agreement.

It is important that, as the client, you have full confidence in the law firm or solicitor appointed to handle your case. Many firms will profess to having experience in handling motorcycle claims, only for you to discover many months down the road that they really have none at all. In the worst cases you may even find that they have no real interest in dealing with motorcyclists.

So what can you do to ensure that the best person is chosen from the outset to look after your claim? Well asking a few pertinent questions should help to give you a good indication of their knowledge.

What associations do they belong to? A solicitor who deals with injury claims should at the very least be a member of the Association of Personal Injury Lawyers (APIL) or the College of Personal Injury Lawyers (CPIL). Many are members of the Law Society Personal Injury Panel and The Motor Accidents Solicitors Society (MASS) while those who deal with the more serious injury claims such as head and spinal injuries will often have associations with organizations such as Headway or the National Association of Bikers with a Disability (NABD).

What do they really know about motorcycles? You will be amazed how many will profess to know about bikes simply to get your business. So if you are asked “What bike do you ride?” tell them something like “CBR!” If they ask if it’s a Suzuki you can start worrying, but if they ask if it’s the 600, 900 Fireblade or Blackbird then you’ll be well on your way. In some cases there may be an in house specialist which is fine, but you need to ensure that they are at least familiar with the peculiarities of motorcycling.

How many motorcycle claims have they handled over the last 12 months? Some may have only handled one or two while others may have dealt with considerably more. It never hurts to ask the question.

What has been their biggest settlement in circumstances similar to yours? This may give you an indication as to whether they feel that you have a good case.

How many times have they taken a case to trial? 99% of cases settle without going to trial, but you will want someone who is relatively experienced in taking a case to trial and will fight your corner for you.

Do they use accident reconstruction experts (for the more serious cases) and accident investigators? Some firms have people like myself who can respond almost immediately to any motorcycle accident. In these situations, statements can be obtained early, the scene can be visited and photographs and sketch plans prepared. Probably the most important part for my firm is that I can report back to my senior colleagues on what I feel the chances of success are. Many riders will happily talk to a fellow motorcyclist or someone with a motorcycle background because we talk the “language”. Some firms use civil engineers or chartered engineers as the investigation experts who are often great at number crunching but have very limited knowledge or experience of motorcycling.

How will the case be handled? This should be explained to you from the outset, but some solicitors are better than others on this front. Don’t be afraid to ask, after all it is your welfare that is at stake.

And finally, if you can, pay the firm a visit. I appreciate that this may be difficult if you live in London and your legal insurers appoint someone in Carlisle, but often a personal visit will give you a good indication of the sort of firm you are dealing with. Are they a small two man operation with files strewn all over the floor and bursting at the seams or do they work from decent premises with a good backup and support staff? First impressions are often not misleading.

Remember, if you need to employ the services of a solicitor, you are the client, you are the one who is ultimately employing them, and therefore it is only reasonable to expect a professional level of service. If you are not 100% happy that they will provide the service that you expect, then walk away or speak to your legal expenses insurer and discuss your concerns with them, after all there are plenty of firms out there who will be only too pleased to look after you.
____________________
It is better to arrive 30 seconds late in this world, than 30 years early in the next

[pwntifex]

Top post.
____________________
the warped one: This is a follow up from the thread 'my willy hurts'