Archive for the ‘The Truth About Lawyer Advertising’ Category

Las Vegas Accident Attorney and Injury Trial Lawyer Tips: Always Ask for a Lawyer’s Experience and Track Record

Friday, July 16th, 2010

Las Vegas accident attorney and injury trial lawyer Craig Murphy here with more practical tips for someone needing to hire a Las Vegas accident and injury lawyer. I recently came across a press release posted on the Internet by a Las Vegas attorney. The Las Vegas attorney’s press release made a number of statements that I found somewhat hard to believe. The Las Vegas attorney claimed to be ”the most respected accident attorney” in Las Vegas and Henderson, Nevada. That is a pretty big claim. It may be true. However, I have never heard of the attorney. During my many years as an insurance defense attorney in Las Vegas, I never had a case against the attorney. During my many years now representing accident and injury victims in Las Vegas, I have never had any dealings with the attorney and have never read that the attorney has taken any case to trial and obtained favorable jury verdicts. Based on that, I think that the attorney’s claim to be “the most respected accident attorney” in Las Vegas and Henderson, Nevada is somewhat questionable.

My point is that anyone can say whatever they want on their web site, in a press release, or in their firm literature advertising their law firm. How can a Las Vegas accident or injury victim tell what is true and correct as opposed to a bunch of hype? Ask for the attorney’s experience on cases like yours. Ask for the attorney’s track record of getting jury verdicts and substantial settlements on cases like yours. In addition to reviewing the Las Vegas attorney’s experience and track record, meet with a number of attorneys in Las Vegas. Don’t just tell them about your case. Interview the attorneys. Ask about their policies and procedures. Find out how the Las Vegas attorney will communicate with you. Find out who will primarily be handling your case. If you are considering hiring a TV lawyer, you must know that the TV lawyer will not be handling your case personally. The Las Vegas TV lawyers have too big of a case load to handle your case personally. Your case will be handled by a case worker or an associate attorney in the office. Find out who. Find out who you should talk to if you have questions. Find out who your contact person is. 

Once you have received the answers to these and other questions that you have, you should see the value in hiring a lawyer who will personally handle your case. You do not want to be shuffled around to a bunch of different case workers. Also, you want to be confident in knowing that the lawyer and law firm have a solid track record, experience, and success. You do not want someone learning on your case, do you? On the job training is not for a serious Las Vegas injury case. If you have been injured in a Las Vegas accident and you need to hire a Las Vegas attorney for your injuries, hire the skilled and experienced Las Vegas trial lawyers at Murphy & Murphy Law Offices. You will get close personal attention to your case. You will also be hiring a firm with a proven track record of success.

Will You be The Next Victim of Tort Reform?

Monday, June 14th, 2010

Las Vegas accident attorney and injury trial lawyer Craig Murphy asks whether you will be the next victim of tort reform. That question presupposes that tort reform causes harm and that it has victims. But isn’t tort reform supposed to protect us all? No is the simple answer to that question. Tort reform quite simply is an initiative by big businesses to protect their profits at the expense of the little guys, you and me. How can that be you ask? Tort reform seeks as its goal to take your rights away and create protections for businesses who wrongfully and negligently harm people. The businesses want to become favored and protected classes. By doing that the businesses take away your constitutional rights. Not only do they take away your constitutional right to a jury trial and for the jury to determine the amount of your injuries and damages, tort reform can leave you with insufficient protection if you are able to get to trial.

Lets look at the current situation in the Gulf of Mexico. The BP oil spill disaster continues unabated. Millions of barrels of oil a day continue to spew into the Gulf. According to BP’s latest estimates, it could take another month before it is able to stop the oil from continuing to spew into the Gulf. In Louisiana alone businesses and entire industries are facing the complete devastation. The financial damages to the tourism industry and the fishing industry cannot even be calculated. Estimates are in the hundreds of millions of dollars, if not more. However, due to the lobbying efforts of the oil companies and other powerful interests, Federal law limits BP’s responsibilities for damages to $75 Million. Federal law caps BP’s financial responsibility to those whose lives and livelihoods have been taken from them. There is no obligation for full and complete compensation. There is no requirement for fair compensation. The compensation is capped. So everyone who has been damaged and all those who may be damaged as the oil spreads to other states and perhaps spreads to the east coast of America will all have to share in the $75 Million.

How is it fair that BP’s damages can be capped? It isn’t. Plain and simple. The people who are damaged the most are the ones who can least afford to be without compensation. BP on the other hand will be protected. Its profits protected. The injured people and small businesses are the ones who are left with no protection and no way to recover what has been lost.

Caps on damages like those protecting BP are in effect in Las Vegas. You may become the next victim of tort reform. Nevada law imposes strict damage limits in medical malpractice cases. No matter how badly a person is injured by the negligence of a doctor, the damages are capped at $350,000 for non-economic damages. What does that mean, if a person is paralyzed and confined to a wheelchair for life, the most a negligent doctor would have to pay for all the pain inflicted, all the mental anguish suffered, all of the enjoyment of life taken away, could not exceed $350,000. If a jury awarded more, the judge, by law, would have to reduce the damages to $350,000. Who wold be willing to be paralyzed for $350,000? No one. Beyond that, suppose a family ember died as the result of medical negligence. Say a young stay at home mom. Would anyone dispute that her life would be worth more than $350,000 to her family? I do not think so. However, that would be all the family would be entitled to receive.

No one thinks of the potential consequences when a proposal to limit the constitutional rights of individuals is being presented by multi-million dollar ad campaigns. National organizations, business alliances, and insurance companies lobby and press politicians everyday to impose strict liability limits to protect them from having to pay damages to people who have been injured due to their negligence. It is nothing more than a scheme to protect and guarantee their profits. More than that it is a means to give them free reign and a license to practice their business in any manner its sees fit without regard to the consequences because they are protected by caps on the damages they have to pay when their practices are negligent and cause injury and damage. Look a BP. What incentive did it have to be safer? What plans did it have if something were to go wrong? BP can know that its liability for damages is capped at $75 Million. It can pay its corporate dividends. It can fund a $50 Million ad campaign to try and save its corporate image. Think about that for a minute. BP is willing to pay almost as much for its public image ad campaign as it will be required to pay for damages due to the protections afforded to it under federal law. How can that be right? How can that be fair? Unfortunately it is the little people all around the Gulf of Mexico and perhaps beyond that will really have to pay the price when BP escapes its full responsibility.

“Las Vegas Injury Attorney” tips: Questions to ask before hiring a lawyer

Thursday, April 29th, 2010

Las Vegas injury lawyer and trial attorney Craig Murphy back with a continuation of questions to ask before hiring an accident or injury lawyer. The news today is that the federal govenment has indicted a man who manages a law firm called “Accident Trial Lawyers” according to the Las Vegas Sun and the Las Vegas Review-Journal. The indictment stems from an F.B.I. investigation of a patient privacy scandal at the University Medical Center hospital (UMC). It is alleged that a law firm was paying employees at UMC for private patient information in order to get leads on accident and injury claims. Here is how it worked. When someone was injured in an accident and taken to UMC, the as yet unidentified and unindicted UMC employee or employees would fax private patient information to the law firm. As stated and alleged in the indictment according to the Law Vegas Sun, the firm was “Accident Trial Lawyers.” Then, we must assume, someone from the “Accident Trial Lawyers” firm would call the injured person and attempt to get them to sign up with the “Accident Trial Lawyers” firm as a client. Such acts if true are against the law and against the rules governing lawyers. The indictment charges the manager of “Accident Trial Lawyers” with one count of conspiracy to illegally disclose personal health information.

If you are called by a lawyer asking you to sign up with his or her firm because you have been in an accident, DON’T DO IT. Report it to the State Bar of Nevada. Think about it. How did the lawyer get your name and telephone number? Why is the lawyer calling you out of the blue? What the lawyer is doing is, at the very minimum, violating the rules ethical rules of professional conduct. As this case indicates, it may even involve criminal behavior.

What is also important is the name of the law firm. A lawyer can call their law firm just about anything they want these days. The example in this instance is ”Accident Trial Lawyers.” There are also a number of firms with other names out there. Giving the law firm a name does not mean that the firm lives up to its name. You, the injured person, must beware and be on your guard. How can you know if the law firm will live up to its name? How can you know if the lawyer you hire will make good on the promises he or she gives you in order to get you to sign up as a client? ASK QUESTIONS. Lots of questions. Hiring a lawyer is the most important decision you will make regarding your law suit. Take that decision very seriously. If you can only talk to and meet with an intake person or an assistant, go to another law firm. You are hiring a law firm and a lawyer, not an assistant or intake person to handle your case. If you cannot talk to and meet with a lawyer before you are signed up, you won’t be able to after you become a client. Make sure you know who is going to be handling your case. Ask about the lawyer’s experience and track record IN COURT and TRIAL. Just because someone says that he or she is an “accident trial lawyer” does not make them a real trial lawyer. Demand proof of their experience. Call the State Bar of Nevada and verify the attorney’s experience and trackrecord. Do not be afraid to ask these types of questions. An experienced attorney and real trial lawyer expect and appreciate these types of questions. An experienced attorney, an honest attorney, a skilled and experienced trial lawyer will be able to answer your questions without hesitation or qualifications. You will not offend the lawyer if he or she has the experience they claim that they have. 

In the end, you are responsible for the decision you make when you hire a lawyer. The decision is too important to make without sufficient information. Ask questions. Check and verify the information you receive. Ask for references. Call the references and check the accuracy of the information the lawyer and the law firm gave you. Protect yourself. A fancy name, a slick slogan, an easy phone number, billboard ads, and television ads do not qualify someone to be your lawyer. Those things do not make any lawyer or law firm the right lawyer and law firm for you. No, it is your responsibility to do your homework and leg work to make sure that the lawyer you hire is the right lawyer for you and your case. Choose wisely.

“Las Vegas Injury Lawyer” tips: Questions to ask before you hire an attorney

Wednesday, April 28th, 2010

Las Vegas injury lawyer and trial attorney Craig Murphy here with more thoughts on the process of hiring the right lawyer for your case. You have decided that you need to hire an attorney for your accident and injuries. You have asked yourself what you want from an attorney and what your expectations are from the attorney and law firm that you hire. You may not know what your case is worth. You probably do not know what the legal process is for the management and handling of your claim. Yet you do know what it is that you expect from the attorney and law firm. That is, you should know what your expectations are in how you will be treated by the attorney and law firm.

That is the best place to start in the process of finding and hiring the right lawyer for your case. Look for the lawyer and law firm that meet your initial expectations of how you want to be treated. Was your initial call answered by a person or did you have to go through an electronic phone message machine? Did you initially talk to a person or did you have to leave a voice mail message? If you spoke to a person, how did he or she treat you? Was he or she concerned? Was he or she respectful? Did he or she give you sufficient time for you to explain your situation and concerns? Did you get to speak to an attorney?

If you did not speak to a live person when you called, was your phone message returned? Who returned your call? How were you treated during the call? What was the purpose of the call? Was it to get you to come in right away and sign up with the law firm? Or did the law firm take the time to talk with you and discuss your situation and your potential case? Were you given any information or was it just an attempt to get you to go to the lawyer’s office and sign up? Did the telephone call meet with your initial expectations? If not, ask yourself if you want to be stuck with that lawyer and law firm as your lawyer for the indefinite future of your case.

Unfortunately, many people do not have any game plan or expectations when they hire a lawyer. They put more time and thought into their shopping list than they do in selecting a lawyer. Many call the lawyers who advertise on TV and go to the first appointment that they can get. Yet their case may not be well suited to a high volume law office where they may have little to no contact with an attorney. There may be aspects of your case that require more than the normal, garden variety contacts from a case worker. You and your case may need some personal attention from a lawyer dedicated to your case. Or you may want more than to just be another number. You may want to be treated like a real person.

Thus, you must evaluate your needs and your expectations. Make sure that your needs and expectations have been and will be met by the attorney and the law firm. Do not settle for the first law firm where you can get an appointment. All personal injury law firms offer free initial consultations. Call a number of firms. Meet with a number of attorneys. Do not be afraid to tell the lawyers and law firms that you are interviewing an number of lawyers and law firms. Do not sign up with a lawyer or law firm until you have evaluated a number of them and decided who will best serve and meet your needs and expectations.

“Las Vegas Injury Attorney” Tips: Questions to ask before you hire a lawyer

Tuesday, April 27th, 2010

Craig Murphy here with another “Las Vegas Injury Attorney” tip. Hiring an attorney is one of the most important decisions that you make regarding your injury claim and your potential law suit. If you have been injured in an auto accident, slip or trip and fall, motorcycle crash, big rig crash, or other type of accident, you should expect to have a long-term relationship with your personal injury attorney. It is doubtful that one call will get your case resolved. If that is your expectation, it is probably unrealistic. Rarely can a claim be resolved with one call. If it can, you probably do not even need a lawyer.

In those instances where you do need a lawyer, how do you go about finding the right lawyer for your case? The yellow pages are loaded with lawyer advertisements. The Internet is now loaded with lawyer web sites. So how do you choose? You must ask yourself some questions before you even consider hiring a lawyer. What do you want out of the lawsuit? What do you want the lawyer to do for you? What are your expectations about how often the lawyer should communicate with you about your case? How fast do you want the lawyer to take action on your case? What would you do if your expectations are not met?

These are questions you should ask yourself before you even attempt to hire a lawyer. If you do not know what you want and do not have clear expectations, how can you decide who will be the right lawyer for your case? Chances are you will hire the first lawyer you talk to. However, that may not turn out to be the best lawyer for you or your case. The best thing is for you to have a clear understanding of your expectations and needs. Then you can go about trying to find the lawyer who is able to meet your needs and expectations.

“Half Price Lawyers” I did not know it was the name of a law firm

Friday, April 16th, 2010

I made a post some time back where I referenced terms such as “discount lawyers”, “half price lawyers”, “reduced fee lawyers”, and “cut rate lawyers.”  My advice was to make sure that you knew what the contract with the lawyer called for.  I said that in many instances, the reduced fees were only available in certain limited circumstances.  I also said that many high volume law firms assign preliminary work to non-lawyers.  I received a communication from an attorney for Half-Price Lawyers asking for a retraction.  I did not know that there was a law firm named Half-Price Lawyers.  I thought that it was an advertising slogan.  I was informed that it was fully staffed with attorneys and that cases are not assigned to non-lawyers.  Based upon that information, I changed my prior post.  However, my comments and advice remain the same.  Before you sign a contract with any attorney, even my office, make sure that you fully understand the terms of the contract.  Make sure that you know who is going to handle your case.  Ask questions.  Find out what the experience and track record of the attorney and firm are.  You do not have to sign up right when you meet with the attorney or law firm personnel.  Take advantage of the free consultations.  Interview a number of attorneys.  Hire the one with whom you are most comfortable.  You will have a long working relationship with the attorney and the law firm if your case requires litigation.  Make sure that you are comfortable with your decision.

More Truth About Lawyer Advertising

Thursday, February 11th, 2010

This is a follow-up to my last post on this topic.  There I said that the lawyer advertising in other cities is the same as Las Vegas.  Well wouldn’t you know it?  I looked out my window and what did I see? A gigantic billboard for a lawyer that said “One call that’s all.”  As you probably know, we have a Las Vegas attorney who uses the same ad agency and the same ad campaign.

Here is what I say.  If you claim can be handled with just one call, you do not need a lawyer for your claim.  In addition, if you think you are going to talk to the lawyer on the billboard and that he is going to work on your case, you are mistaken.

At Murphy & Murphy Law Offices, we do not take every case.  In fact, we turn down more cases each year than we take.  We have to so that we can give the cases we take the concentrated effort and work that is required.  If you think you have a claim that can be handled with just a few telephone calls, you would be best served by getting a copy of my book, The Ultimate Consumer’s Guide to Nevada Car Crash Cases, so you can handle your claim yourself.

Injury Lawyer Advertising. Can You Handle the Truth?

Wednesday, February 10th, 2010

What is the truth about injury lawyer advertising?  I am out of state in another large city for depositions.  While in the hotel room, I looked at the attorney ads in the yellow pages.  As expected, there were pages and pages and pages of lawyer ads.  Guess what?  They were all just like the pages and pages and pages of injury lawyer ads in Las Vegas.  We are aggressive.  No fee is we do not get you a settlement.  We will get you the money you deserve.  And, of course, there are lists of past results obtained.

All I can say is what a bunch of wasted paper and ink.  None of the ads really told you anything about the attorneys.  The ads did not give any useful information about the services that would be provided or how a person’s claim or case would be handled.

If you are looking to hire a Las Vegas personal injury attorney, and you are a thinking person, you must be really frustrated.  What a waste of time to look in the yellow pages.  Are the web sites any better?  Not really.  Just another form of advertising with little or no useful information.

What can you do?  My website gives practical information and is not just an ad for my firm.  Our information pages tell you how to avoid getting hurt and steps you can take to help keep you and your family safe.  Our pages regarding specific types of injuries and cases give you practical information about the issues involved and what you will encounter and what you can expect.  We have a page of frequently asked questions where I try and provide you with answers to common questions.

Not enough information?  Contact my office.  I will send you a copy  of my free book The Ultimate Consumer’s Guide to Nevada Car Crash Cases.  That book gives you detailed information about injury claims.  It tells you how to handle your own claim if you want to.  Here’s a secret, not everybody and every claim needs or requires an attorney!  My book tells you what to do.  Step by step.  It even provides you with forms that you can use and that you will need.  It also tells you how to go about finding the right lawyer for your case if you cannot or do not want to handle it yourself.

In the end what should you do if you are frustrated with the lack of information in the lawyer ads?  Call and talk to a number of lawyers.  Interview them to see who will treat you the best and with whom you are most comfortable in placing your trust.  Remeber, you will never receive better treatment than when they are looking to get your business.  If you did not feel you were treated right, move on.  Find a lawyer who takes the time to talk to you and treats you the way that you expect to be treated.

Las Vegas Personal Injury Attorney’s Integrity Matters

Tuesday, February 9th, 2010

Last week it was reported that a Clark County attorney was arrested on charges of theft and burglary.  The arrest was the result of the injury attorney misappropriating hundreds of thousands of dollars of his client’s money.  That means the lawyer is accused of stealing hundreds of thousands of dollars of client funds.  Apparently the injury attorney took the client’s money out of his trust account.  More than likely the injury attorney received a settlement from an insurance company on behalf of the client.  Instead of paying the client and being satisfied with his fee on obtaining the settlement, the lawyer took it all.

In a recent post, I wrote about attorneys who had been paying employees at UMC for private health information in order to obtain case referrals.  There is an ongoing investigation by the FBI into the illegal activity.  The guilty injury attorneys will probably be subjected to the potential loss of their licenses to practice law.  Consider this.  If a Las Vegas injury attorney will break the law and rules governing the conduct of lawyers, what makes you think that they will not put their interests over yours?  As in this recent arrest, even to the extent of stealing the client’s settlement.

Don’t hire just any lawyer.  Be careful.  Make sure that your attorney is on your side and is not just out to line his pockets with your money.  If you do not know how to evaluate an attorney or find the right attorney for your case, contact my office.  I will send you a copy of my free book The Ultimate Consumer’s Guide to Nevada Car Crash Cases or I will send my free report, The Ten Silver Bullet Questions You Must Ask Before Hiring a Las Vegas Attorney.  Knowledge is power (and it is free).  Take the steps necessary to protect yourself and your family.  In many cases Las Vegas injury attorneys may have access to large amounts of your money.  You will trust them to negotiate the proper settlement of your case.  If the case cannot be settled, you must trust that they know how to and will properly prepare your case for trial.  If the case is settled, you trust that they will pay all of the medical bills and liens, they will pay you your share of the money, and that the case will be resolved in your favor.  You were injured once. Take the steps to make sure that you are properly taken care of after the injury and that you are not taken advantage of either by the insurance company or the lawyer.

What You Need to Know About Las Vegas Discount Lawyers, Reduced Fee Lawyers and Cut-Rate Lawyers

Tuesday, February 9th, 2010

Lawyers in Las Vegas have started advertising campaigns claiming to be “discount lawyers”, “reduced fee lawyers”, and and other versions of “cut-rate lawyers.”  You must know a few things about the claimed discounts and how it could affect your case.  Before hiring a lawyer or law firm that claims to be a discount or bargain priced lawyer, read the contract you will be required to sign.  What are the terms of the contract that entitle you to the discounted attorney’s fees that will be charged for your representation?  All of the advertisements for the discounted lawyer fees have disclaimers and conditions.  In most instances, to qualify for the discounted rate, your case must be settled very quickly and with minimal effort.  More likely than not, your claim must not involve any hands on work by an attorney.  Instead, your claim will be handled by an employee who has no legal training or, at best, may have some minimal legal education for the performance of non-legal aspects of case handling.  However, once a certain amount of time has gone by or the case requires more than minimal efforts, the amount charged by the cut-rate attorney will increase significantly.  You will then be stuck with a cut-rate attorney who is charging you full price for handling your case.  Worse than that, your claim will still probably be handled by the non-attorney staff person without any legal training.

What’s a person to do?  Be careful when you hire an attorney.  Avoid slick advertising gimmicks.  Educate yourself before you hire a lawyer.  Order our free book The Ultimate Consumer’s Guide to Nevada Car Crash Cases.  The book will tell you what you need to know about your claim.  You will learn how to handle your claim on your own if you want to (the book even provides you with the forms that you will need to use to settle your own case).  The book also tells you how to go about finding the right lawyer for your case.

If you have a claim for injuries due to someone elses negligence, do not settle for second best.  Do not think that you will get more money because you are going to save a couple of hundred dollars on attorney’s fees.  You need to hire the best lawyer for your case.  If you hire the right lawyer for your case, you will make up for the attorney’s fees by obtaining a full and fair settlement as opposed to a discount settlement because the cut-rate lawyer or law firm did not take the time and effort to properly prepare and present your claim.