How to pick a good lawyer?

May 4, 2011 6:02 AM

A friend of mine is lawyering up for the first time after a motorbike accident and has some questions about the whole affair - he's in Canberra, in Australia.

He was in an accident where he had to spend a few days in hospital and have an operation to fix his broken arm. The first lawyer he's spoken to has quoted him 20-30k in damages from the other party, which sounds suspiciously high - keeping in mind that we're in Australia so there's no healthcare costs.

Can you shop around with lawyers? How do you go about it? Is it reasonable to expect some kind of compensation from the other party when there's no question about who's at fault?

posted by Silentgoldfish to Law & Government (3 answers total)

Best answer: Here's the thing: I'm not sure how it works in Australia, but in the US, even people on government health care programs or with private health insurance can win damages in bodily injury cases.

First, just because the government pays your health care costs doesn't mean that there are no costs. In the US, when Medicare, Medicaid, another government program, or even a private health insurer pays out benefits for which someone else is responsible, they can collect from the injured party if he recovers anything from the tortfeasor. Medicare in particular is getting pretty touchy about that, and just about everyone involved--the plaintiff, the defendant, and both lawyers--can get in trouble if Medicare doesn't get paid first. It would not at all surprise me if Australia had something similar in place to help defray the government's costs.

But second, compensation isn't just for medical expenses. There can be lost wages, compensation for permanent bodily injury, and the oh-so-variable "non-economic damages," known in the us as "pain and suffering." Non-economic damages are part of Australian tort law, so again, just because the government is paying his hospital bills doesn't mean there can't be money on the table, even assuming the government gets paid too.

In my jurisdiction, which obviously isn't yours so this can't be legal advice, $20-30k is entirely possible for a car accident resulting in a broken arm where the other party is at fault. But you can totally shop around with lawyers. Just call another one and say you've got a case and you're talking to lawyers to find one you like. No one will think that's weird.

In short: yes, this is possible, and yes, you can shop around with lawyers. I recommend your friend do the latter.
posted by valkyryn at 6:26 AM on May 4, 2011

Best answer: Australian lawyer here (in fact an ACT lawyer, although I've not practised there for 25 years, and then it wasn't in personal injury, so I speak under correction ...). IANYFL though. From what I remember, Valkyryn is pretty spot-on. Certainly you (or your friend) can shop around. Damages in "standard" personal injury claims are pretty rote stuff, so any competent practitioner should be able to give him a good idea of what to expect. Unless the system has changed since I knew it, the medical bills will come out of the damages one way or another. Basically Medicare or the hospital will take its cut. And yes, there will be some element of damages for pain, grief and suffering, and any lost wages and so on. If your friend has suffered any permanent injury that diminishes his earning capacity that will also be taken into account, and a competent practitioner will have asked (at least in a preliminary way) about all that sort of thing.

But yes, definitely shop around. Be guided by friends' impressions but take note that people pass on negative stories much more readily than positive ones, particularly about lawyers. Good indications: the practitioner looks organized, and answers questions readily. Bad, bad indication: dizzying stories of wealth to be gained. If the lawyer quotes a figure, he or she should be able to show how it was arrived at. Your friend shouldn't expect to get rich out of it though.

As to how--get some names (ask around or just pick a few from the phone book) and ring them.
posted by Logophiliac at 8:17 AM on May 4, 2011

In Canada, there's some very respectable law societies which hold their members to high professional and ethical standards. Perhaps the same in AU?

Are there any professionals (accountant, doctor, etc) in your life which you have a high regard of respect of their work? Chances are they will hold their referrals to the same standard as they do their work.
posted by wesker at 3:33 PM on May 5, 2011