Case Running? Attorneys advise caution in choosing a lawyer

Some local attorneys say the volume of cases they handle is eroding because out-of-town firms – many of which advertise heavily on locally-placed billboards and television commercials – are scoffing them up.

The attorneys also say potential litigants should share their concerns.

The fact that a law firm has a high profile because of its paid television presence, they maintain, does not necessarily mean clients are getting better representation by choosing it. The key, local attorneys say, is for potential litigants to ask questions no matter who they are considering for representation.

“People need to ask careful questions and shop before they make a decision,” said Houma attorney Brian Marceaux, one of a half-dozen local barristers weighing in on the issue in response to calls from the Tri-Parish Times. “The attorney is going to have a lot of questions for you, but you should also interview the attorney.”

Alexander Doyle, who has practiced law in Houma for more than 40 years, is also among attorneys who advise caution and consideration before potential clients sign on the dotted line.

“I am not familiar with lawyers from out of town, what they do or how many cases they settle,” Doyle said. “But I have always told my clients to check out lawyers, check out their fees and their experience, what college they went to, how often they have been in practice and how many cases of this type have they handled.”

Doyle – along with other local attorneys – recommends that local representation can be good for the client, because of familiarity with the local courts. But there is another reason cited as well.

“I would suggest it would be a local lawyer because the money stays here,” Doyle said.

Specific cases where litigants may have gotten a bum steer from a high-profile firm were not cited by local lawyers. 

But some local lawyers said they have been informed by insurance adjusters and others with knowledge of law firm operations that some larger firms can be quicker to settle for lower dollar amounts, making up the difference in fee amounts on volume.

Some attorneys were reluctant to speak on the record because of ethical requirements that they not denigrate other members of the profession. A few spoke on condition of anonymity.

“Say an insurance company has a case evaluated at $10,000. A firm with high volume and high turnover might have paralegals working on their smaller cases,” the attorney said. “That case worth $10 grand they might settle for $7,000 that if I was handling I might be trying to get $12,000.”

Neither Morris Bart nor Michael Hingle – two Louisiana attorneys with some of the highest local media presence – returned calls Monday.

No specific mentions were made of those firms by local attorneys.

Bart – famous for the catch-phrase “one call, that’s all” has a website that contains useful information about how cases work. 

The biography of the firm’s founder notes first and foremost that he is a “pioneer in the field of legal advertising … the subject of numerous newspaper and television features stories. Additionally, Morris Bart has written and published several articles on the marketing of legal services, and has spoken nationally before various trade groups including the American Marketing Association, Tulane University Marketing Association, Virginia Trial Lawyers Association, and the Trial Lawyers Marketing Association.”

It also notes that Bart, a Loyola Law School graduate, was selected a “Super Lawyer” in the field of general personal injury by Law and Politics Magazine and lists his various society memberships.

Michael Hingle’s website also contains useful information on the reasons why someone injured in a wreck or by a defective product should not take a quick check – one of the primary focuses of his television campaign. 

A Virginia attorney, Ben Glass, is the author of a book on legal advertising titled “The Truth About Lawyer Advertising.”

Catchy advertising phrases like “settlements in 30 days” and “aggressive representation” have little substantive meaning, he notes, “unless you’re only looking for  the lawyer with the catchiest TV spot or radio ad …  Mainstream media is not the best way to find a lawyer because just like most forms of legal advertising, there’s not a lot of regulation on what image an attorney portrays in their ads.”

“Some lawyers may have a lot of cases because they run a lot of television ads,” Glass said on his website. “And the insurance companies know who those lawyers are.” 

Local attorneys say potential clients should be especially careful to read the fine print in contracts for representation.

“There can be all kinds of inducements to convince people they should sign up,” said Houma attorney Duke Williams. 

One of the more egregious practices – engaged in by local and non-local lawyers – involves the use of case runners who use their contacts in the community to steer cases to specific attorneys, receiving a kickback for those services. 

Barratry – the technical name for “ambulance chasing” – is illegal in Louisiana and can result in a criminal charge, but only for the case-runner.

Attorneys are answerable to allegations of ethical violations in such cases however.

“It is a real problem,” Williams said. “It has been discussed on and off for a number of years. Most everybody in the profession understands it and realizes it …There are some local attorneys and non-attorneys who participate in the process.”

Houma attorney Jerri Smitko says she has seen time and again how some lawyers – particularly a few from out of state – manipulate the legal system and take advantage of clients.

“My biggest problem is the attorneys from out of state who are soliciting cases through runners,” Smitko said. “They are breaking the law, and I can’t understand how it can be so blatant and nothing be done about it.”

Not surprisingly, local attorneys agreed generally that someone from the local bar can be a better choice, although several also noted that the legal talent pools in New Orleans and Baton Rouge should not be discounted.

“Overall you are better off with a Louisiana attorney, and certainly someone in your geographic location,” Williams said. “In my mind it is always better to have a lawyer you can call or go visit on an as-needed basis to discuss a case or ask questions. Local lawyers invest their reputation, their time and their money in the local community. They have a vested interest in seeing to it that their clients are well taken care of and that their reputations remain unsullied.”

Sue Pyle of the Louisiana Association for Justice in Baton Rouge, an organization of attorneys in the state, said that group recognizes clearly that selecting the right attorney to represent a case is a “major decision that merits thoughtful consideration.”

“Some people have attorneys with whom they have long-established relationships, while others seek out a lawyer only when the need for legal services arises,” a statement issued by Pyle reads. “It’s important to find an attorney who is knowledgeable about the area of the law involving the case and with whom the person feels comfortable.”

Attorneys advise caution