Unethical Attorney Practices

Legal marketing has become ubiquitous in today’s society, with billboards and advertisements for lawyers seemingly everywhere you look. While these advertisements may promise favorable outcomes and substantial compensation, it’s important to recognize that the best lawyer for your case may not necessarily be the one plastered on a billboard. Attorneys often advertise their ability to handle complex cases, such as truck accident cases, even if they lack the resources and expertise required to effectively represent clients in such matters.

The Current State of Legal Advertising

The internet has revolutionized legal advertising by lowering barriers and allowing firms of all sizes to promote their legal services. Unlike traditional forms of advertising like billboards or TV commercials, where only the wealthiest attorneys could afford to purchase ad space, the internet has made it possible for virtually anyone to run targeted advertising campaigns. Now, any attorney can run a Google ad or create a social media campaign to reach potential clients. While this increased accessibility has its benefits, it also opens the door for unethical practices. For instance, some marketing firms now advertise for cases with the sole intention of referring leads to attorneys in exchange for a fee. These lead generation companies may not vet the attorneys they are referring the cases to. Instead, they just refer to those attorneys willing to pay the fee requested.

Choosing a Qualified Attorney Is Important

Talk is cheap. Promises of favorable outcomes and significant financial compensation are meaningless unless backed by a skilled and dedicated legal team. Merely claiming to be able to secure certain results without investing the necessary time, effort, and resources into a case ultimately leaves clients dissatisfied and shortchanged. Successful representation requires more than just empty promises; it demands a genuine commitment to advocating for clients’ best interests and delivering tangible results. On Episode 17 of my podcast, After the Crash, I had the opportunity to interview Harlan Schillinger, a maverick in the field of legal marketing and Harlan had this to say about the importance of choosing an attorney who is qualified to represent your personal injury case: “I guarantee you, the defense lawyers and the trucking company’s lawyers are not picking their lawyers to defend these catastrophic cases by a television commercial. They’re not looking at a Google ad. They’re looking at who is the best qualified defense lawyer who can defend and protect our trucking company and this truck driver. They are picking the best, and these families need to do the same thing.”

What are Case Runners?

Unethical attorney strategies, such as the use of case runners, can undermine the integrity of the legal profession and compromise the rights of clients. Case runners are individuals hired by attorneys or law firms to solicit potential clients, often in violation of laws that prohibit attorneys from directly soliciting clients in certain states. The primary purpose of case runners is to circumvent these laws and attract clients to the attorney or law firm. Instead of attorneys directly approaching individuals who may have suffered injuries, case runners discreetly gather information about accidents and injuries and then refer these potential clients to attorneys for legal representation. Their goal is to identify potential clients who may have a valid personal injury claim and persuade them to seek legal representation from the attorney who hired them.

Case runners can come from various backgrounds, including individuals with prior legal experience, such as paralegals or former employees of law firms, as well as non-legal professionals who may have connections to potential clients, such as medical providers or tow truck drivers. In exchange for their services, case runners often receive a referral fee or commission from the attorney upon successfully obtaining a client. While case runners may help attorneys expand their client base and increase their caseload, their use raises ethical concerns and violates professional conduct rules. It is improper for a lawyer to solicit clients who they have no connections with through a third party.

Are Case Runners Illegal?

Case runners are illegal for attorneys to employ in many states, due to their potential for abuse and exploitation of vulnerable individuals. However, they remain legal in several states, such as Indiana and Missouri. Despite their legality in certain jurisdictions, the use of case runners is widely viewed as unethical and can tarnish the reputation of attorneys and law firms involved. Clients should be cautious when approached by individuals offering legal representation, as the use of case runners may indicate a disregard for ethical standards and a focus on profit rather than the best interests of the client.

Should You Hire an Attorney who Uses a Case Runner?

Quite often, especially in big trucking cases, my clients will tell me that they were approached by a runner while still in the hospital recovering from their injuries. The most audacious case runner my clients have told me about occurred where my client had a catastrophic brain injury, was lifelined to a hospital, and was in intensive care in a coma. My client’s husband sat by his wife’s side day and night and one day while he was heading downstairs to get a cup of coffee a man approached him and asked how his wife was doing. He claimed to have been an EMS worker that was on the helicopter that lifelined his wife to the hospital. “Oh, thank you for helping take care of her. She’s still in a coma” the husband replied. The man continued, saying, “Well, I prayed with her. I held her hand and I hope she’s okay. I was glad to be there for her. By the way, if you need a lawyer, this is a good friend of mine. Call him,” and gave this guy a card.

Luckily, he knew of my firm and chose to hire me instead. Later, during depositions of everyone in the helicopter that flew his wife to the hospital, we found out that the man who approached him was not in the helicopter with his wife, nor was he even an EMS worker. The fact that he would lie about something like that to a man whose wife was in the hospital in a coma just to get a lawyer a case was sickening. In a families’ worst moments, unfortunately, if there is a case to be had, then the family will see a runner. They will take advantage of a families’ suffering just so that they can get their cut. Don’t allow a runner to manipulate you into hiring an unethical attorney.

How Do I Know if I’m Hiring the Right Truck Accident Attorney?

Research Knowledge, Experience, & Resources

This is why it is important to research an attorney’s knowledge, experience, and resources. One of the significant advantages of the internet is the wealth of information available to consumers. With just a few clicks, potential clients can research attorneys thoroughly before making a decision. With a wealth of information available online, it is crucial for individuals to take the time to research attorneys before deciding. This includes evaluating an attorney’s background, expertise, track record in handling truck wreck cases, and their client reviews.

Interview Your Potential Attorney

I know that it might seem simpler to just pick an attorney quickly and hope for the best. However, not all attorneys are created equal. Do they handle truck accident cases? Is their practice dedicated to truck accident cases? Do they try truck accident cases? Additionally, potential clients should feel empowered to interview attorneys and ask questions about their approach, team, and case management process. It is a bad sign if an attorney isn’t okay being interviewed by a potential client. Ask your attorney about the process they follow throughout the case. Meet everyone on the team that is going to be working on your case. Does the attorney know the experts needed for a complex truck wreck case? Most importantly, do you feel comfortable talking to the attorney. Do they seem genuine? Ultimately, hiring an attorney is one of the most significant decisions a person can make, and feeling confident and comfortable with their chosen legal representation is essential to the success of their case.

How do I know if an Attorney has the Knowledge to Handle a Truck Wreck Case?

What is the Board-Certification in Truck Accident Law?

Board-certification proves that an attorney has the knowledge, experience, and expertise necessary to handle complex truck accident cases effectively. Only a select few attorneys in the United States hold the prestigious title of board-certified truck accident attorney, with, on the date of publication of this article, less than 75 attorneys meeting the stringent criteria set forth by the National Board of Trial Advocacy (NBTA).

The Strict Requirements to be Board-Certified in Truck Accident Law

Unlike some credentials that can be easily purchased or obtained through minimal effort, board-certification in truck accident law is a rigorous and highly respected designation. Attorneys cannot simply buy a board-certification badge; they must earn it through a comprehensive examination process that evaluates their knowledge of important regulations and concepts in trucking law. To qualify for board-certification, attorneys must demonstrate a minimum of five years of experience specifically in truck accident law, including proficiency in writing motions, conducting depositions, and trying cases in court. In addition to meeting strict experience requirements, attaining board-certification also entails undergoing a thorough peer review process. This process involves soliciting testimonials and feedback from judges and fellow attorneys who have worked with the attorney in question, further validating their expertise and reputation within the legal community. Ultimately, board-certification serves as a credible and reliable indicator of an attorney’s qualifications and proficiency in handling truck accident cases, providing clients with confidence and assurance in their choice of legal representation.

At the time of publication of this article, not all states allow attorneys to hold out as board-certified in truck accident law. However, meeting the criteria to be board-certified is something that helps differentiate lawyers. You can always ask the attorney you are interviewing whether they are board-certified or not.

Important Ratings Proving a Truck Accident Attorney’s Knowledge

Besides board-certification, another distinction you should look for on an attorney’s website is the AV Preeminent lawyer rating on Martindale-Hubbell. On Avvo, a lawyer directory, you should look for a 10.0 rating. You should check to see if the attorney has been named in the 30th Edition Best Lawyers in America ® in the practice area of Personal Injury Litigation – Plaintiffs. Also, see if they were selected as a Super Lawyers honoree in their state. Check to see if an attorney sits on any committees for that legal field. For example, I sit on the Board of Regents for the American Academy of Truck Accident Attorneys (ATAA). Other ways you can check an attorney’s knowledge is to see if they have written any books or articles on truck accident law. Do they have a podcast centered around trucking law? Books, articles, and podcasts show that an attorney has dedicated their practice to those kinds of cases. They also show that the attorney is an authoritative figure in the legal field.

Experience

Experienced Attorneys Empower Their Clients

It is important for an attorney to empower their clients to make informed decisions that align with their best interests. A good attorney ensures that clients have access to all pertinent information necessary to make the best choice for their situation. This involves explaining the pros and cons of each option in simple, understandable terms. However, it is crucial that the attorney never pressures or bullies the client into making a decision that they are not comfortable with. Whether it’s deciding to accept a settlement offer or proceed to trial, the client should always have the final say.

Experienced Attorneys Understand Clients are the Ones who Live with the
Results

As an attorney, I always convey to my clients that the decision to try or settle is ultimately theirs to make. Clients must be comfortable and confident with their decisions, as they will ultimately live with the consequences. While I may proceed to my next case, this is their only case, and I want them to feel empowered in their choices.

Experienced Attorneys Have Dedicated their Practice to Truck Wreck
Cases

Researching an attorney’s experience is crucial when seeking representation for complex cases such as truck accidents. It’s essential to ensure that the attorney has a track record of successfully handling truck wreck cases. This includes confirming that they have dedicated their practice to your type of case, demonstrating their depth of knowledge and expertise in the field. Additionally, it’s important to verify that the attorney has trial experience and is not hesitant to go to trial if necessary. Trial experience is invaluable, as it signifies the attorney’s ability to effectively advocate for their clients in a courtroom setting.

Experienced Attorneys Should Always Be Prepared to Try a Case

Moreover, the willingness of an attorney to take a case to trial can significantly impact negotiations and outcomes. Clients should be assured that their attorney is prepared to advocate fiercely on their behalf, whether in a courtroom or during mediation. The threat of trial can often incentivize the insurance company to offer fair settlements, knowing that the attorney is prepared to take the case to trial. Ultimately, the attorney-client relationship should be built on trust, communication, and mutual respect, ensuring that clients feel supported and empowered throughout the legal process.

Experienced Attorneys Know Where to File a Lawsuit to Recover the Most
for their Clients

Moreover, experienced attorneys understand the importance of strategic decision-making, including where to file a lawsuit. In cases involving truck accidents, determining the appropriate jurisdiction for filing the lawsuit can significantly impact the outcome. In truck accident cases, where multiple jurisdictions may be involved, knowing where to file the lawsuit can mean the difference between a high verdict and a low verdict. An experienced attorney will carefully evaluate the various factors, such as the location of the accident, the trucking company’s base, and the residence of the truck driver, to determine the most advantageous jurisdiction for filing the case. This strategic approach can increase the likelihood of securing a favorable verdict or settlement.

Experienced Attorneys Know When to Settle and When to Try Cases

Furthermore, experienced attorneys know when to pursue settlement negotiations and when to proceed to trial. They recognize that waiting closer to trial can often lead to higher settlement offers, as insurance companies are more inclined to negotiate seriously when faced with the prospect of trial. Insurance companies place a higher value on cases with attorneys who have trial experience, as they are less likely to accept low settlement offers and more likely to pursue litigation if necessary. Ultimately, choosing an experienced attorney can make a significant difference in the outcome of a truck accident case, ensuring that clients receive the representation they deserve and the compensation they are entitled to.

Resources

What does it mean to have a Contingency Fee?

In trucking cases, having sufficient resources is crucial for an attorney to effectively represent their client’s interests. Personal injury cases typically operate on a contingency fee basis, meaning the attorney only receives compensation if they successfully recover damages for the client. In contingency fee arrangements, attorneys are often not reimbursed for expenses incurred during the case. This includes costs associated with investigation, expert witnesses, court filings, and other necessary expenditures. As a result, attorneys must have the financial resources to cover these expenses upfront. Moreover, in most contingency fee cases, the attorney’s fee increases based on the amount of work required, such as if the case proceeds to trial. This incentivizes attorneys to invest time, effort, and resources into maximizing the client’s recovery. Conversely, attorneys who operate on a flat fee basis may lack the same incentive to pursue extensive litigation or trial proceedings, as their fee remains unchanged regardless of the case’s outcome. Therefore, it’s crucial for clients to choose an attorney with the resources and motivation to vigorously pursue their case and secure the best possible outcome.

Taking on Trucking Companies Requires Financial Resources

Trucking companies and their insurance carriers often possess extensive resources and can afford to retain top-notch legal representation. Therefore, it is imperative for truck wreck victims to have confidence in their attorney’s ability to effectively advocate on their behalf. Not every law firm is equipped to handle trucking cases, which can be incredibly complex and costly to litigate. In trucking cases, the attorney fronts the expenses for the client, sparing the family from financial burdens. However, if the attorney lacks the necessary resources, it can significantly compromise the case. Without adequate funding, the attorney may be inclined to settle quickly or cheaply. It is crucial for truck wreck victims to choose a law firm with the financial means and commitment to pursue their case vigorously and secure the compensation they deserve. In a trucking case that I went to trial for in Kansas City, my firm spent over a quarter million dollars in expenses to ensure that we had the best experts who would help us win the case. Not every law firm can front the money to get the best experts for their client.

Truck Accident Attorneys with Resources Can Hire the Best Experts

Trucking cases demand the expertise of top professionals to effectively prove a case and secure rightful compensation for victims. When researching an attorney, it’s crucial to assess their knowledge of and access to top-tier experts in various fields relevant to truck accident litigation. Does the attorney have the financial resources to retain these experts and utilize their services effectively? An attorney should have established relationships with top experts in relevant fields and the financial means to retain their services.

What kind of Experts are Needed in a Truck Accident Case?

Truck accident cases may necessitate the expertise of an accident reconstructionist to promptly investigate the scene and gather critical evidence. Additionally, obtaining data from a semi- truck’s Electronic Control Module (ECM), commonly referred to as the “Black Box,” can provide crucial insights into factors such as braking and speed prior to the crash. Does your attorney have the capability to access and interpret this data? Can they enlist cell phone forensics experts to analyze the driver’s phone activity at the time of the accident? Moreover, medical illustrations experts play a crucial role in creating visual aids, such as animations, to help jurors understand the extent and nature of injuries sustained. Additionally, hiring a trial consultant to conduct focus groups throughout the case can provide valuable insights into which pieces of evidence and witnesses resonate most with jurors. Ultimately, choosing an attorney with a network of skilled experts and the financial means to leverage their expertise can significantly strengthen your truck accident case.

Truck Accident Attorneys with Resources Have a Dedicated Crash Response Team

Truck accident attorneys should have a well-defined process in place that begins as soon as they receive the first call from the client. Upon receiving the initial call, the office should promptly obtain the police report, which provides crucial details about the accident location and the towing company involved. Once the client hires the truck accident attorney, the office should then swiftly send out preservation letters to discourage any tampering or removal of evidence. Additionally, a dedicated team should be dispatched to the crash scene without delay to gather vital evidence consisting of accident reconstructionists, private investigators, attorneys, and scanners.

Truck Accident Attorneys with Resources Send Experts out ASAP

Moreover, a truck wreck attorney should have a dedicated team that is prepared to be dispatched immediately to the crash scene to gather evidence and assess the situation firsthand. The longer the delay in sending out the crash team to the scene of the accident, the less evidence will be available. This includes engaging a private investigator to swiftly locate security footage from nearby stores and to gather witness testimony. I tell my investigators that it is best to assume the wreck was captured on video and to diligently look for any nearby cameras. Most security camera systems have a short retention period for footage, typically around 10 days. The investigator must act quickly to secure any potentially relevant footage before it is overwritten or deleted.

Providing Resources to Help Clients After the Trial

Beyond securing settlements or winning trials, the role of a truck accident attorney extends far beyond the courtroom. It encompasses a commitment to ensuring that clients receive comprehensive support and care, especially those facing lifelong injuries or the loss of a loved one due to a trucking accident. Many clients find themselves in uncharted territory after receiving a significant settlement, lacking the financial literacy to manage such sums effectively.

Before finalizing any settlement agreement, I ensure that my clients receive comprehensive financial planning guidance tailored to their individual needs and goals. This may involve exploring structured settlement options that provide a steady stream of income over time or connecting clients with certified financial planners who can offer ongoing support and guidance. By empowering clients with sound financial strategies, I aim to help them secure their future and mitigate potential financial challenges.

Ultimately, my commitment to my clients extends far beyond the courtroom, and I strive to empower them with the resources and support they need to rebuild their lives with confidence and security after a devastating truck accident. By addressing their immediate and long-term needs, I aim to provide holistic and compassionate representation that goes above and beyond legal advocacy.

Were you or a loved one injured in a semi-truck wreck?

Don’t hire the wrong attorney. Contact a knowledgeable and experienced truck accident attorney with resources today. Craig, Kelley, & Faultless’s truck accident attorneys have 30 years of experience fighting trucking and insurance companies to secure fair compensation for victims of semi-truck wrecks. Partners David Craig and Scott Faultless are members of the Board of Regents of the ATAA (which requires the board-certification in truck accident law). Craig, Kelley, & Faultless has the resources to hire the experts needed to prove your case against the trucking company including accident reconstructionists, investigators, cell phone forensic experts, etc. Our crash response team will get to the accident as soon as possible to preserve and collect evidence. Craig, Kelley, & Faultless’s trial lawyers are qualified to try your case against the trucking companies with proven success in the court room.

Get a free case review with one of our accident attorneys by 1-800-746-0226, and additional information can be found at www.ckflaw.com.

About the Author

David W. Craig sits on the Board of Regents of the ATAA (which requires the board certification in truck accident lawyer). He is the managing partner, as well as one of the founding partners of the law firm of Craig, Kelley & Faultless LLC. He is also recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers. David is the author of Semitruck Wreck, A Guide for Victims and Their Families, written to help victims and their families as they navigate through a terrible situation and answers the host of questions that come after a tragic wreck. He is also the host of the podcast, After the Crash where you can gain valuable information about the dangers involving semis and large trucks that do not follow Indiana law safety protocol on roads regarding speed, weather conditions, maintenance upkeep, etc.