If you're looking for a lawyer, you may feel pressured to find one fast. But do yourself a favor: Slow down, learn the facts, and consider them carefully.

Much of what you should know can be found in this web site. If you read it and still have questions, please feel free to call us at (801) 322-2222

• Martindale-Hubbell "AV" Rating (the highest rating)
  
• American Board of Trial Advocates
  
• Best's Directory of Recommended Insurance Attorneys
  
• College of Master Advocates and Barristers
  
• Sutherland Inn of Court II
  
• Federal Bar Association
  
• Utah State Bar
  
• Utah Trial Lawyers Association
  
• Association of Trial Lawyers of America
  
• American Bar Association
  
• Defense Research Institute
  
• Bar Register of Preeminent Lawyers
  
• International Society of Primerus Law Firms

It's in your public library. It's on the Web. There are links throughout this web site. It's called Martindale-Hubbell Directory of Lawyers and Law Firms.

There are other similarly named directories around. But Martindale-Hubbell is the one most lawyers consult to learn about each other.

For example, when an attorney in the Salt Lake area wants to know something about an attorney in Los Angeles, he or she will likely turn to Martindale-Hubbell.

Law firms are listed alphabetically, by state. If you can't find a listing for the law firm you're considering, check for an alphabetical listing of the individual lawyer.

When you find the listing you may notice a letter rating, such as "A" or "B", in parenthesis next to the name.

Ratings are based on attorneys' experience, nature of practice and reputation among judges and their peers. The first letter indicates a lawyer's legal ability. It includes consideration of his or her experience, the nature of his or her practice, and other qualifications relevant to the profession.

"A" stands for "very high to pre-eminent."
"B" means "high to very high."
"C" means "fair to high."

The second letter is a general recommendation. The "V" stands for "very high." General recommendations are based on professional conduct, ethics, reliability, diligence, and other standards relevant to "the attorney's discharge of his or her professional responsibilities."

Both ratings reflect the opinions of judges and the rated attorneys peers, collected by Martindale-Hubbell in careful, confidential research. Most attorneys listed in Martindale-Hubbell never attain an "A" rating. And most attorneys never receive any rating.

Martindale-Hubbell is known for thoroughness and impartiality. Although attorneys pay for listing, how much they pay has nothing to do with their rating. An "AV" can't be bought.

Finally, if an attorney is listed, but not rated, it could mean one of two things: (1) he or she asked that his or her rating not be published or (2) he or she hasn't practiced long enough to develop a rating yet. (Realize that many excellent young lawyers don't yet have ratings. That's one more reason it's important to meet and question a lawyer before you hire him or her.)

A lawyer is a lawyer right? Doesn't matter if you're setting up a corporation or getting a divorce - aren't attorneys all the same?

Definitely not.

Actually, there are many different kinds of lawyers, just as there are many kinds of doctors. Among doctors, you'll find brain surgeons, pediatricians and OB/GYNs. Among attorneys, you'll find business, divorce and personal injury professionals, plus many others.

Why don't lawyers tell people that?

Frankly, many state bar associations, including the Utah State Bar, prohibit lawyers from claiming specialization, except in very limited situations. Their concern is that the public might be misled by such claims. Also, unlike doctors, lawyers have very few sources of formal certification.

A lawyer's special knowledge can be just as deep and sophisticated, based on years of experience, plus formal and informal study. But there are fewer certifying boards than in medicine. So there are fewer formalized ways to tell you which lawyer is really qualified in a particular area.

There are dozens of different areas in which lawyers may limit their practice. The type of lawyer you should consult depends on what type of legal problem you have. For example, criminal lawyers deal with defense or prosecution of people charged with crimes. But there are many other matters, including most disputes between individuals and/or businesses that fall under the category of civil law.

Areas of law practiced by Winder & Haslam are included in this web site.

The practice of law is becoming more and more sophisticated and complex. It's not uncommon, for example, to find lawyers who work only on malpractice defense for hospitals. (As another example, many lawyers at our firm limit their practice to civil matters involving litigation.) It's important to find out about any lawyer's education and experience in the area in which the attorney claims to practice.

There are, but not as many as there used to be. Today, the traditional "general practitioner" has gone the way of the family doctor. There are still some around, and they can help you with certain problems.

For example, you don't need a legal specialist to prepare a simple will—just as you don't need a brain surgeon to give you a physical. But there are some problems (legal or medical) that are difficult to handle without extra training and experience.

At first glance, it might seem easy to find a specialist. You can look in the yellow pages to see attorneys listed by area of practice.

But, if you do that, beware.

Suppose you were seriously injured due to the carelessness of someone else. You'd want to be very, very careful about how the case was handled, right?

You'd want to be sure you had a lawyer worthy of the opposition you'd face, which could be substantial. You'd probably want an attorney who'd handled personal injuries before. The more experience, the better.

But if you look in the phone book, under the "Personal Injury" section, the attorneys listed there don't necessarily have any personal injury experience!

When the phone company prints a phone book, they simply ask businesses included (including the law firms), "How would you like to be listed?"

And that's exactly what you see: how the lawyer would like to be listed. If he'd like to be known as a personal injury lawyer, the phone company will list him that way. They have no way of knowing whether he's ever handled any personal injury cases. And they certainly don't know how well his cases turn out.

Use it for names and numbers. But don't stop there. Call the attorneys you're interested in and ask them questions. If an attorney claims to limit his or her area of practice in a particular area, such as personal injury, ask how many personal injury cases he's handled.

Ask how many years of experience he has. How much trial experience. If he tells you another lawyer in the firm will be handling your case, ask to meet that lawyer, and ask him or her all the same questions.

If the attorney wants to refer you to another law firm, don't be alarmed. This may well be in your best interest - not unlike the family doctor referring you to a specialist. Be aware, though: some attorneys advertise extensively, then regularly pass along cases to more experienced lawyers just for the referral fees.

There's nothing illegal about these fees (if you know about them), but they may add to the cost of your case. So be sure to ask if there will be additional charges to refer you to another lawyer, and exactly how much they will be.

Ask about specific possible outcomes of the case. For example, is the case likely to end up in trial? (Surprisingly, most cases don't. In fact, well-prepared cases encourage the opposition to settle out of court.)

Ask about the results of similar cases. Don't expect to hear specifics about individual cases, though. Many are settled under the condition that the outcome not be disclosed.

A note of caution: Beware the attorney who promises a big settlement or a sure win. Instead, listen for clear analysis of the strengths and weaknesses of your case.

These questions will reveal much more than the phone book does. But there is another, much better source of information, Martindale-Hubbell, discussed above.

The word retainer can mean two things. One is a regular sum of money (e.g. $1000 a month) paid to an attorney to keep him or her available for any necessary legal service. Some businesses pay their attorneys this way.

Retainer is also used as a term for a deposit, held in trust, to be applied later against the hours charged for legal work.

Fixed fees are popular ways to pay for routine legal work, such as simple wills, bankruptcy filings, or some divorces. If you hire a lawyer on a fixed fee basis, be sure you know exactly what items the fee includes.

Hourly rates are self-explanatory. But realize that different people within a firm may be working on your case at different rates—often to your advantage. Also, you should know that more experienced lawyers tend to charge more, and that large firms often bill more than smaller ones.

Be aware, also, that hourly rates are usually in addition to the law firm's expenses, such as mileage, court filing fees, deposition court reporters' fees, expert witness fees, etc.

There's a popular misconception that good attorneys bill only by the hour, and that they bill a lot. However, if you have to sue someone, some of the best attorneys (including "AV" rated ones) will accept your case on a contingent fee.

That means they'll be paid fees only if you win. Their compensation will be a percentage of your award. Be sure to ask (1) what the lawyer's percentage will be, and (2) if you're still liable for expenses if you lose, and, if so, precisely which expenses.

Contingency fees have been criticized a lot lately. Some people blame them for crowded courts and high insurance costs. (Actually, the causes of those problems are far too complex to cover here. You should know, though, that good lawyers don't take frivolous cases to court. And high insurance costs have more to do with the insurance industry than they do with our justice system.)

But contingency fees are important in keeping the legal system open to everyone. Without them, only the rich could afford good lawyers. (If you were hurt so badly you couldn't work, could you afford a $200-an-hour attorney?)

If there is a serious injury, a lot is at stake. Almost any personal injury law firm will consult with you without charge or obligation. Take advantage of this service, because in many cases, important decisions need to be made early on which could affect your right to a recovery from the negligent party or your insurance company.

Perhaps more importantly, many injury situations are complicated enough to require some legal advice in deciding what claims can be brought, where and when. A timely consultation with a lawyer can be well worth the effort, and this is especially true in cases involving serious injury or death.

This is a sensitive issue. But it's especially important if your case is handled on a contingency basis. Although good lawyers can be found in small or struggling practices, you should know your law firm's financial status can affect your chances in court.

A well-financed firm can put more time and money into your case. That can mean more research, better experts, or better exhibits in court (videos, for instance, or working models of dangerous machinery).

Another consideration: financial insecurity can make a firm tend to settle too fast. (If your attorney recommended that you accept a $50,000 settlement, you'd want to be sure it was because $50,000 was a good offer—not because the firm needed its fee fast.)

Be completely honest with your attorney. Provide your attorney copies of all documents that might relate to your case. (One undisclosed fact, even if it seems trivial, can change an entire case.) Also, offer to help if you can.

It may save money for you to make a few phone calls, or pick up and deliver documents. Just be sure you're doing this with your lawyer's full understanding, or you may hurt your own case.

So far, we've told you how to judge the attorneys you meet - but not much about how to meet attorneys to judge.

Assuming you don't have a lawyer yourself, you may want to ask friends, business associates and family. Have they worked with attorneys? What were their attorneys' areas of practice? Were their experiences good ones?

Depending on what type of legal help you need, you might also want to ask your doctor, accountant or insurance agent for recommendations.

Local bar associations often offer low-cost referrals, which may be worth investigating.

Newspaper, radio, and TV ads can give you lawyers names to consider. There's nothing inherently wrong with a law firm advertising; many do it in a sincere desire to share information with the public.

Look at advertising the same way you would look at anything a lawyer said in person. The character of a lawyer's advertising can reveal a lot about the character of the lawyer.

Finally, no matter how you find lawyers' names, always be sure to check Martindale-Hubbell (an international rating service), meet the lawyers, ask them questions, and judge carefully.

If you're looking for an attorney in Utah, we can help. Even if you live in another state, we may be able to help you. Of course, if you have a case that falls in our areas of expertise, we'd like you to consider us, based on the criteria outlined in this Web site.

However, since there many matters that fall under other areas, we may not be able to handle yours. In that case, we'll make you this promise:

We work closely with lawyers and law firms in Utah and across the country. So we know them, and their reputations, quite well. And we'll gladly refer you to two or three who have the expertise your case calls for. (Of course, we can't guarantee that any one lawyer will be right for you. You should judge for yourself, based on the advice we've provided here. But we can help steer you in the right direction.)

We provide this service free of charge. Why? Well, it's because we believe in our legal system. And we want to see it work, as it should, to every citizen's benefit. Helping you find the right lawyer is just one way to make that happen.

Since we publish this Web site, you might expect it to reflect our point of view. It does. It reflects our view that you deserve the most experienced, most aggressive, and the very finest legal representation.

It reflects our perspective as a firm committed to litigation and trials. It reflects our commitment to doing everything we can for our clients. We bring in the most qualified experts - including our lawyers, if that's what the case calls for. We don't begrudge time; we don't pinch pennies.

If you need help in a serious litigation, injury, or business matter, consider Winder & Haslam. Look over the types of cases we handle.

There are many qualities you should seek in an attorney. Also your attorney should inspire one all-important quality in you:

Absolute Confidence.

If the attorney claims a practice area, check to see if he or she is a member in organizations relevant to the practice area. For example, if a self-proclaimed "trial lawyer" belongs to a group such as the Association of Trial Lawyers of America, that's probably a good sign.

If a "personal injury" lawyer serves on a state or American bar committee on such matters, that probably indicates experience in that area. Also, does the lawyer lecture or otherwise teach law students, or other lawyers? Note any law school faculty positions, or work as a C.L.E. (Continuing Legal Education) lecturer.

One of the best indications of experience is membership in trial academies. For example, the American Board of Trial Advocates (ABOTA). ABOTA is the nation's premier trial academy. Membership is by invitation only. A minimum of twenty jury trials (first chair) or ten jury trials and the equivalent bench trial experience is required. Further, all trials must be listed. Finally, each application is screened by and voted upon by the local chapter and the National Board of Directors.

Don Winder is a proud member of ABOTA. He has served as past Utah Chapter President (1998 & 1999), served in 2002 on the National Board of Directors as a Presidential Appointee, and is currently serving again on the National Board of Directors (2005 - current).

Another great indication is the publication Best Lawyers in America. Mr. Winder and David J. Weissman have been selected for inclusion in the Best Lawyers in America. Best Lawyers has come to be regarded by both the legal profession and the public as the definitive guide to legal excellence in the United States.

Because Best Lawyers is based on an exhaustive peer-review survey in which 15,000 leading attorneys throughout the country confidentially cast more than half a million "votes" on the legal abilities of other lawyers in their specialties, inclusion in Best Lawyers should be, and is, considered a singular honor.

Because lawyers are not required or allowed to pay a fee to be listed, Best Lawyers has gained the respect of the legal profession, the media and clients as the most reliable, unbiased source of legal referrals anywhere. Only 2% of the lawyers in Utah have been selected for this honor.

Above content from Good Judgment.
Distributed by Winder & Haslam.
© 1992 Primerus

• Donald J. Winder
• John W. Holt
• Linette Bailey Hutton, R.N.
• Dennis Flynn
• Lance Sorenson
• Jennifer L. Falk
• Jerald V. Hale
• Robert K. Rothfeder, M.D., of counsel
• Dennis V. Haslam, of counsel
• David J. Weissman, of counsel