Choosing A Mesothelioma Attorney

When one goes online and types the phrase “mesothelioma attorney” into any search engine, it is likely to bring up over two and an half million listings. Specifying a state can narrow this search to around 1.8 million, on the average; even a search for mesothelioma lawyers in a state with a very low population such as Wyoming will result in more than 650,000 listings.

Mesothelioma is a tragic illness – all the more so because it could have been prevented had the federal government not abdicated certain responsibilities to the private sector, such as the enforcement of many industrial safety standards and making health care available to all citizens. For a quarter-century, the American people, forgetting that they were the government, were told repeatedly that private industry could do everything better, cheaper, and more efficiently.

The current state of American society and the economy clearly shows how misguided this policy was. Corporations were successfully able to hide the fact that asbestos was an insidious poison for over thirty years (1). Combined, these conditions have resulted in billions of dollars in litigation, court fees, and damage awards in cases related to asbestos.

The huge amounts of money involved are the main reason that so many attorneys and law firms have gone into the field of asbestos litigation. As of 2001, the average plaintiff award in mesothelioma cases that went to trial was $6 million dollars (2). Typically, the lawyer in the case receives between 30 and 40% of that amount – plus related expenses.

There are many thousands of qualified, dedicated attorneys in the U.S. who take the law seriously, and are sincerely dedicated to obtaining justice for their clients. Unfortunately, in a dysfunctional culture of greed and the “every man for himself” mentality which pervades such values, there are a large number of predatory “shysters” whose priority is to manipulate the system for their own benefit. These people have no real concern for justice, nor their clients; they simply are out to make a large amount of money in a very short time with as little effort as possible.

Such individuals should not be practicing law. The sad fact is however that there are such people in all professions. When seeking a mesothelioma lawyer, it is up to you to do your due diligence and make sure that your counsel is truly working for justice – not looking at your case as a chance to make fast money.

Due Diligence

Remember that when you are seeking legal representation on any matter – mesothelioma or otherwise – you are essentially an employer. You are offering an attorney a job. Like any wise employer, you will want to interview several candidates. Many reputable law firms offer up to thirty minutes of initial consultation at no charge.

You may also consider signing up for a “legal plan.” These are similar to insurance policies, offered by many companies at monthly fees that range from $15 to $45 per month. Under most of these plans, one can get unlimited phone consultations at no additional charge as well as substantial discounts on other legal services. Law firms that participate in such plans are carefully screened, and generally offer an exceptional level of service. The drawback is that such a law firm may not necessarily specialize in asbestos-related issues.

This is an important issue. Mesothelioma and other asbestos-related injury cases require a specific type of expertise because of the numerous complex legal, medical and financial issues involved. Therefore, it is in your best interest to retain an attorney who has experience in mesothelioma case law.

What You Need To Know

Your first objective in determining who should represent you and your case is to find out how much experience the attorney and the firm have in the area of asbestos litigation. How many cases has s/he and/or the firm handled?

Once this has been established, you will want to know how many of these cases were settled out of court and how many went to trial, as well as the outcome of these proceedings.

Another important issue is whether or not the attorney intends to handle your case personally. In many cases, a lawyer may simply refer your case to another attorney in exchange for a percentage of any fees, which may not necessarily be best for your case.

Before getting started, it is vital to understand the financial arrangements, and how expenses and attorney fees are to be handled. You should know that any type of lawsuit involving large corporate interests where substantial amounts of money are at stake require months of preparation. It may be two to three years before your case comes to trial, and the trial itself may go on for several months.

During the preparation process and the trial itself, your attorney will incur many expenses on your behalf. These expenses include travel, research, hiring expert witnesses (such as medical doctors), getting depositions (written testimony) and more.

In most cases, an attorney or law firm will take such a case on a contingency basis. This means their compensation will be based on a percentage of the award or settlement. Generally, this runs from 25% for cases settled out-of-court to as much as 40% when a judgment is awarded at the trial’s conclusion.

You may also want to know whether or not your case will be handled on an individual basis, or “bundled” with those of other plaintiffs - which may help weaker cases, but could harm yours if you have a particularly strong claim.

Check the attorney’s background and credentials, as well as those of the firm. Profiles and ratings are available at http://www.martindale-hubble.com, and information on individual attorneys can usually be obtained through your state’s bar association.

Above all, trust your instincts. If you feel for some reason that the attorney in question will not work in your best interests, move on to the next candidate. There is no shortage of qualified, principled law firms and attorneys who are genuine professionals dedicated to the cause of justice (3).

'Choosing A Mesothelioma Attorney' Resources:

Notes

  1. Bowker, Michael. Fatal Deception, pp. 165-166
  2. Schmitt, Richard B. “Asbestos Litigation Continues to Grow As Suits Widen Net for Deeper Pockets.”
  3. Hendler, Scott. “10 Keys to Choosing a Mesothelioma Attorney.”

Sources

  1. Bowker, Michael. Fatal Deception. (New York: Touchstone, 2003)
  2. Hendler, Scott. “10 Keys to Choosing a Mesothelioma Attorney.” ArticleCity (Website). Updated 8 December 2005;
    Accessed: 23 July 2007.
  3. Schmitt, Richard B. “Asbestos Litigation Continues to Grow As Suits Widen Net for Deeper Pockets.” The Wall Street Journal, 7 February 2001