Finding the best lawyer for you and your case

The Best Lawyers

Finding the best lawyer, attorneys or law firm to represent you is much like trying to find gold in your backyard.  Without some clear expectations, some serious budget evaluations and some basic plan you can't find the prize. 

Have you ever considered that the problem in finding the best lawyer may not be with the lawyer choices, but that the results you seek are not possible based upon applicable state or federal law as it relates to your specific circumstances and the facts of the case? No matter how many lawyers or law firms you consider, they cannot change the law nor the facts of your case, that ship has already sailed.

An experienced, well-connected attorney can cut through red tape and streamline the process, if that's what you want or need.  But such experience comes with a hefty retainer and price per hour whether for an injury lawyer, accident lawyer or immigration lawyer.

Get your facts and story down before you meet. If you don't have these details down you will only complicate things and cost yourself more money and you could damage your case.

Put your game face on, dress like you care, style your hair, cover the tattoos and be polite. You're not looking for a new friend or a therapist. It doesn't really matter how you got where you are. What matters is what you are after. The lawyer will drive the bus, not you.

There are several "attorney referral services" on the web which appear to be paid advertisers (lawyers pay them for referrals  even the nonprofit ones!). In any case, you can tell these referrers some specifications like "at least 20 years experience, in the blank area, etc etc etc" and they'll match you up.

Most legitimate lawyer rating services tend to favor high profile case attorney, litigators and attorneys in large firms over attorneys who handle more run of the mill cases, non-litigators and attorneys in smaller firms. 

www.martindale.com list lawyers and puts peer ratings for many of them. The lawyers who do the ratings fill out a form sent to them by the Martindale company. It may not be a completely accurate system but it's the only national rating system for attorneys. An "A" rating is the highest rating - but there are other lawyers who are as good as the "A" rated lawyer. For various reasons, not all lawyers have been rated. Nevertheless, this is a good place to start your search for a lawyer or law firm.

Lawyer Referral

Remember that lawyers and law firms tend to specialize in types of cases both civil and criminal. Don't go to a divorce lawyer for a criminal case or a bankruptcy lawyer for bad debt.  While there are general and family lawyers, you need to know their abilities and court time.  You should also be going to the court house and watching them in action and how they interact with other lawyers and judges.  Ask around, but be careful, sometimes the person you are talking to has no clue what really went on, they also may have just received a "standard" deal and thought it was great.

Here are just some of the specialized fields:

1. Personal injury attorney
2. Divorce attorney
3. Mesothelioma attorney
4. DUI attorney
5. Traffic attorney
6. Real Estate attorney
7. Criminal attorney
8. Car accident attorney
9. Employment attorneys
10. General attorney at law

You could also search for a lawyer or attorney in just your state, such as:

1. Illinois attorney
2. New Jersey attorney
3. New York attorney
4. Pennsylvania attorney
5. California attorney
6. Florida attorney

Please read our disclosure.

Your first court hearing

A. The Return Date

When you filed your lawsuit, it was scheduled for hearing at a certain date and hour (sometimes known as the “return date”). In most counties, plaintiff and defendant must both appear in court then and the defendant will be asked to answer the complaint. In some counties, neither party is required to appear. Instead, a defendant wishing to contest the case must answer the complaint in writing (or by telephoning the clerk’s office) before the return date. In these counties, if the defendant answers on time, the plaintiff will be sent a copy of the defendant’s answer and notice of the time of the first court hearing.

B. Attending The First Hearing

In those counties which require both parties to appear on the return date, you will go before
a judge, court commissioner or clerk. Although the summons states that it is not necessary to bring
witnesses at this time, it may help to bring along any evidence, including papers and documents, that
may prove your claim. It is a good idea to arrive early. If you are not in court on time, you may lose
the case and have to start over. In counties with many courtrooms, you may need to check a calendar of that day’s court proceedings to determine in which courtroom your case will be called.

The clerk will call out the name of the cases one by one as they are listed on the calendar. When
you hear your case called, go to the front of the courtroom and identify yourself. If the other party
is present, he or she will also approach at the same time. The judge, court commissioner or clerk will
ask the defendant if he or she admits to the plaintiff’s claim. If the defendant admits that he or she owes
the money and does not have any other defense, the plaintiff is entitled to judgment. If the defendant
does not admit the claim, the plaintiff will be allowed to describe the facts stated in the complaint and
to show details on the damages he or she wants the court to award.

The judge, court commissioner or clerk will check the legal papers and decide whether any
key facts are in dispute. The judge or commissioner might discuss possible settlement with you. If
both parties agree to a settlement in front of the judge or commissioner, it becomes a binding
agreement.

If both parties appear but cannot come to an agreement, the judge or commissioner can hold
a hearing and make a decision immediately, if there is time available and both parties agree. Often,
however, the matter is set for hearing at a future time. Except in evictions, a party who appears at
the return date will be allowed to have the hearing postponed at least seven days upon request. In
eviction cases, a delay is not permitted unless both parties agree or good cause is shown.
If both parties appear and cannot reach agreement in an eviction, replevin or garnishment case,
the matter will be scheduled for a hearing before a judge as soon as possible.

Types Of Small Claims Cases

Small claims court

Small claims court may be used only for certain types of cases. Amounts in your area may vary. These are as follows:
* Lawsuits (such as breach of contract, property damage or personal injury) when the amount
claimed is $5,000 or less;
* All evictions, regardless of the amount of rent claimed;
* Actions for the return of earnest money tendered pursuant to a contract for purchase of real
property, regardless of the amount claimed;
* Replevins (repossessions of property) if the value of the property does not exceed $5,000
or if the property is consumer goods leased or purchased on credit from a dealer;
* Actions for the confirmation, vacation, modification or correction of an arbitration award
where arbitration was in settlement of a controversy arising out of a transaction for the purchase of
real property, regardless of the amount of that award;
* Garnishments (to enforce judgments from funds owed to the debtor) when the amount owed
is $5,000 or less;
* Property Taxes (suits by municipalities to recover delinquent personal property taxes).

Have You Been Sued in Small Claims Court?

Perhaps you are reading this because you received a summons informing you that someone
is suing you in small claims court. That person is called the “plaintiff” on the summons, and you are
the defendant.

The summons tells you when and where you should go if you want to contest the case. It also
tells you the type of case it is and what the plaintiff claims you owe him or her. If the plaintiff has an
attorney, the summons tells you the attorney’s name and address.

Included with the summons is a “complaint” telling why the plaintiff thinks you owe him or
her money, your property should be repossessed, or you should be evicted, as the case may be. Is
everything stated in the complaint true? If not, and you do not agree that the plaintiff should get what
he or she claims in the last paragraph of the complaint, you may wish to appear and contest the case.
Even if the complaint is true, you may still want to contest the case if you think there are other facts
the court should know about. If there is any reason why the plaintiff should not get what he or she
claims, you may wish to contest the case.

If you decide not to contest the case, it is not necessary to go to court. If you do not appear
in court, the plaintiff will probably obtain a judgment against you. If you do want to contest the case,
make sure you show up in court at the time shown by the summons.

In some counties, you can contest the case without going to court until later. The summons
will tell you if that is allowed in the county where you are being sued. Usually, you must send the court
an “answer” to the complaint, showing the plaintiff’s name and your name, as they appear on the
summons, and the case number. Your answer should state all the things in the complaint which you
deny are true, and all the things the judge should know before deciding whether the plaintiff should
get what he or she is asking for. After your answer is received, the court will schedule the case for
a hearing and notify you of its time and place.

Legal aid

A person who does not have meaningful access to our legal system does not enjoy the full benefits of citizenship, in the broadest sense of that word. A society that cannot make its
legal system truly accessible to its citizens undermines the foundation of its democracy, its economy and its civil society.


“Equal justice under law” must not be a mere slogan. It is our nation’s promise. We can do better. We must do better.


The most common categories of legal problems involved consumer issues, housing issues, and family law issues. The most common individual legal problems involved debt collection, serious conditions problems in a rental unit and child support.


There are many general misconceptions about the legal aid system. There is no constitutionally guaranteed right to counsel in civil cases, as there is in the criminal justice system. This is true despite the fact that the potential consequences of many civil legal problems – the loss of custody of a child, the denial of benefits to cover essential medical care, the loss of a home to foreclosure – are as grave as the penalties for some criminal offenses.


There is also a common misconception that legal aid is a service provided by the federal government. The two most prominent sources of legal assistance are not-for-profit legal aid programs and attorneys in private practice. Other potential sources of assistance include government agencies, law school clinics, advocacy organizations, community groups and websites that offer legal information.

Websites for legal help and information:

LII/Legal Information Institute

www.law.cornell.edu
On this website, run by Cornell University Law School, you can find federal and state statutes, regulations, and U.S. Supreme Court cases.

Justia

www.justia.com
Justia provides access to state and federal statutes and hosts over 2,000 legal blogs. Justia also lets consumers ask questions online and get answers from attorneys.

Oyez

www.oyez.org
Oyez is the most comprehensive website covering the U.S. Supreme Court. Read about past and present Justices, learn about cases and issues before the Court, listen to oral arguments, and more.

LawHelp.org

www.lawhelp.org
LawHelp (a project of www.probono.net, which assists volunteer attorneys) provides state-by-state links to free local legal aid programs ready to help low- and moderate-income Americans.

Legal Services Corporation

www.LSC.gov
LSC is the grandmother of legal aid programs - a federally funded nonprofit corporation that provides grants to local legal aid programs in all 50 states. On LSC's website, you'll find links to local LSC-funded programs and lots of helpful information about the law.

National Association of Consumer Advocates

www.NACA.net
NACA is a membership organization of attorneys that represent consumers who have been victimized by fraudulent, abusive, and predatory business practices. The NACA website offers tips on the latest consumer scams to watch out for and helps consumers understand how to protect their rights.

10 biggest mistakes made in court

How do you blow it in court? Ask any attorney and they can tell you it is easy.  Here is a short top ten biggest mistakes you can make.

1. Thinking that the judge will judge right against wrong.  Judges apply the law, usually based upon prior court room decisions.  Many times it is best story that wins.
2. Not answering questions.  It only makes you seem guilty and will usually be used against you later.
3. Lying.
4. Bring up things unrelated to the case or issues that have been previously decided.
5. Pissing off the judge.
6. Failing to prepare for court such as forgetting documents or having no copies of documents.  Bring originals when possible, but keep a copy.  Label all documents or bring labels.
7. Not doing subpoenas or other discovery.
8. Not doing some research.
9. Not taking pictures.
10. Losing your cool.

If you are not going to do discovery, you will only hurt yourself.  Time is not your friend.

Top 5 things never to say in court

Sometimes it pays to keep your mouth shut.  Here is the list of the top 5 things you should not say in court, ever.

1. "This is total bullshit."
2. "Yeah? Well fuck you."
3. "As a muslim . . ."
4. "The drugs made me do it."
5. "Yeah, I'm guilty, so what?

Keep your temper and ask your attorney for further things you should not say.