The Gast Law Firm, William E. Gast, PC, LLO, Omaha Nebraska Attorneys.

If you're looking for a lawyer, you may feel pressured to find one fast. But do yourself a favor: Slow down, learn the facts, and consider them carefully.

Much of what you should know can be found in this web site. If you read it and still have questions, please feel free to call us at (402) 343-1300.

How Attorneys Judge Each Other
(Their Secret Source)

It's in your public library. It's on the Web. There are links throughout this web site. It's called Martindale-Hubbell Directory of Lawyers and Law Firms.

There are other similarly named directories around. But Martindale-Hubbell is the one most lawyers consult to learn about each other.

For example, when an attorney in the Salt Lake area wants to know something about an attorney in Los Angeles, he or she will likely turn to Martindale-Hubbell.

How to use Martindale-Hubbell

Law firms are listed alphabetically, by state. If you can't find a listing for the law firm you're considering, check for an alphabetical listing of the individual lawyer.

When you find the listing you may notice a letter rating, such as "A" or "B", in parenthesis next to the name.

What the letter ratings mean

Ratings are based on attorneys' experience, nature of practice and reputation among judges and their peers. The first letter indicates a lawyer's legal ability. It includes consideration of his or her experience, the nature of his or her practice, and other qualifications relevant to the profession.

"A" stands for "very high to pre-eminent."
"B" means "high to very high."
"C" means "fair to high."

The second letter is a general recommendation. The "V" stands for "very high." General recommendations are based on professional conduct, ethics, reliability, diligence, and other standards relevant to "the attorney's discharge of his or her professional responsibilities."

Both ratings reflect the opinions of judges and the rated attorneys peers, collected by Martindale-Hubbell in careful, confidential research. Most attorneys listed in Martindale-Hubbell never attain an "A" rating. And most attorneys never receive any rating.

Martindale-Hubbell is known for thoroughness and impartiality. Although attorneys pay for listing, how much they pay has nothing to do with their rating. An "AV" can't be bought.

Finally, if an attorney is listed, but not rated, it could mean one of two things: (1) he or she asked that his or her rating not be published or (2) he or she hasn't practiced long enough to develop a rating yet. (Realize that many excellent young lawyers don't yet have ratings. That's one more reason it's important to meet and question a lawyer before you hire him or her.)

The things most people don't know about lawyers

A lawyer is a lawyer right? Doesn't matter if you're setting up a corporation or getting a divorce - aren't attorneys all the same?

Definitely not.

Lawyers and areas of practice

Actually, there are many different kinds of lawyers, just as there are many kinds of doctors. Among doctors, you'll find brain surgeons, pediatricians and OB/GYNs. Among attorneys, you'll find business, divorce and personal injury professionals, plus many others.

Why don't lawyers tell people that?

Frankly, many state bar associations, including the Utah State Bar, prohibit lawyers from claiming specialization, except in very limited situations. Their concern is that the public might be misled by such claims. Also, unlike doctors, lawyers have very few sources of formal certification.

A lawyer's special knowledge can be just as deep and sophisticated, based on years of experience, plus formal and informal study. But there are fewer certifying boards than in medicine. So there are fewer formalized ways to tell you which lawyer is really qualified in a particular area.

Types of attorneys

There are dozens of different areas in which lawyers may limit their practice. The type of lawyer you should consult depends on what type of legal problem you have. For example, criminal lawyers deal with defense or prosecution of people charged with crimes. But there are many other matters, including most disputes between individuals and/or businesses that fall under the category of civil law.

The practice of law is becoming more and more sophisticated and complex. It's not uncommon, for example, to find lawyers who work only on malpractice defense for hospitals. (As another example, many lawyers at our firm limit their practice to civil matters involving litigation.) It's important to find out about any lawyer's education and experience in the area in which the attorney claims to practice.

Aren't there any general practitioners anymore?

There are, but not as many as there used to be. Today, the traditional "general practitioner" has gone the way of the family doctor. There are still some around, and they can help you with certain problems. For example, you don't need a legal specialist to prepare a simple will - just as you don't need a brain surgeon to give you a physical. But there are some problems (legal or medical) that are difficult to handle without extra training and experience.

Experience vs. Wishful Thinking

At first glance, it might seem easy to find a specialist. You can look in the yellow pages to see attorneys listed by area of practice.

But, if you do that, beware:

In the phone book, an attorney can advertise almost anything

Suppose you were seriously injured due to the carelessness of someone else. You'd want to be very, very careful about how the case was handled, right? You'd want to be sure you had a lawyer worthy of the opposition you'd face, which could be substantial. You'd probably want an attorney who'd handled personal injuries before. The more experience, the better.

But if you look in the phone book, under the "Personal Injury" section, the attorneys listed there don't necessarily have any personal injury experience!

How can you say those things?

When the phone company prints a phone book, they simply ask businesses included (including the law firms), "How would you like to be listed?" And that's exactly what you see: how the lawyer would like to be listed. If he'd like to be known as a personal injury lawyer, the phone company will list him that way. They have no way of knowing whether he's ever handled any personal injury cases. And they certainly don't know how well his cases turn out.

Why use the phone book at all?

Use it for names and numbers. But don't stop there. Call the attorneys you're interested in and ask them questions. If an attorney claims to limit his or her area of practice in a particular area, such as personal injury, ask how many personal injury cases he's handled. Ask how many years of experience he has. How much trial experience. If he tells you another lawyer in the firm will be handling your case, ask to meet that lawyer, and ask him or her all the same questions.

Referrals to other firms

If the attorney wants to refer you to another law firm, don't be alarmed. This may well be in your best interest - not unlike the family doctor referring you to a specialist. Be aware, though: some attorneys advertise extensively, then regularly pass along cases to more experienced lawyers just for the referral fees. There's nothing illegal about these fees (if you know about them), but they may add to the cost of your case. So be sure to ask if there will be additional charges to refer you to another lawyer, and exactly how much they will be.

Other important questions

Ask about specific possible outcomes of the case. For example, is the case likely to end up in trial? (Surprisingly, most cases don't. In fact, well-prepared cases encourage the opposition to settle out of court.) Ask about the results of similar cases. Don't expect to hear specifics about individual cases, though. Many are settled under the condition that the outcome not be disclosed. A note of caution: Beware the attorney who promises a big settlement or a sure win. Instead, listen for clear analysis of the strengths and weaknesses of your case. These questions will reveal much more than the phone book does. But there is another, much better source of information, Martindale-Hubbell, discussed above.

If you've been injured…

There is a lot you should think about before you choose a lawyer. For starters, we would ask you to keep in mind three things:

Delay can cause problems

If there is a serious injury, a lot is at stake. Almost any personal injury law firm will consult with you without charge or obligation. Take advantage of this service, because in many cases, important decisions need to be made early on which could affect your right to a recovery from the negligent party or your insurance company.

Perhaps more importantly, many injury situations are complicated enough to require some legal advice in deciding what claims can be brought, where and when. A timely consultation with a lawyer can be well worth the effort, and this is especially true in cases involving serious injury or death.

Don't choose a lawyer from ads alone

A lawyer should not be chosen from advertising alone. As you would choose any professional, inquire as to his/her experience, expertise and reputation. If your case is important enough to hire an attorney, it is worth doing the research to find a reputable law firm to handle it.

Look for a well-financed firm

This is a sensitive issue. But it's especially important if your case is handled on a contingency basis. Although good lawyers can be found in small or struggling practices, you should know your law firm's financial status can affect your chances in court. A well-financed firm can put more time and money into your case. That can mean more research, better experts, or better exhibits in court (videos, for instance, or working models of dangerous machinery). Another consideration: financial insecurity can make a firm tend to settle too fast. (If your attorney recommended that you accept a $50,000 settlement you'd want to be sure it was because $50,000 was a good offer - not because the firm needed its fee fast.)

How you can keep costs down

Be completely honest with your attorney. Provide your attorney copies of all documents that might relate to your case. (One undisclosed fact, even if it seems trivial, can change an entire case.) Also, offer to help if you can. It may save money for you to make a few phone calls, or pick up and deliver documents. Just be sure you're doing this with your lawyer's full understanding, or you may hurt your own case.

How to Find Lawyers to Choose From

So far, we've told you how to judge the attorneys you meet - but not much about how to meet attorneys to judge.

Assuming you don't have a lawyer yourself, you may want to ask friends, business associates and family. Have they worked with attorneys? What were their attorneys' areas of practice? Were their experiences good ones?

Depending on what type of legal help you need, you might also want to ask your doctor, accountant or insurance agent for recommendations.

Local bar associations often offer low-cost referrals, which may be worth investigating.

Newspaper, radio, and TV ads can give you lawyers names to consider. There's nothing inherently wrong with a law firm advertising; many do it in a sincere desire to share information with the public.

Look at advertising the same way you would look at anything a lawyer said in person. The character of a lawyer's advertising can reveal a lot about the character of the lawyer.

Finally, no matter how you find lawyers' names, always be sure to check Martindale-Hubbell (an international rating service), meet the lawyers, ask them questions, and judge carefully.

Also, you can ask us

If you're looking for an attorney in Nebraska, we can help. Even if you live in another state, we may be able to help you. Of course, if you have a case that falls in our areas of expertise, we'd like you to consider us, based on the criteria outlined in this Web site. However, since there are so many matters that fall under other areas, we may not be able to handle yours. In that case, we'll make you this promise:

We'll tell you about the best lawyers

We work closely with lawyers and law firms in Nebraska and across the country. So we know them, and their reputations, quite well. And we'll gladly refer you to two or three who have the expertise your case calls for. (Of course, we can't guarantee that any one lawyer will be right for you. You should judge for yourself, based on the advice we've provided here. But we can help steer you in the right direction.)

We provide this service free of charge. Why? Well, it's because we believe in our legal system. And we want to see it work, as it should, to every citizen's benefit. Helping you find the right lawyer is just one way to make that happen.

Other things to look for

Check the attorney's or firm's case results for its clients. This may reveal experience relevant to your case.

If the attorney claims a practice area, check to see if he or she is a member in organizations relevant to the practice area. If a "personal injury" lawyer serves on a state or American bar committee on such matters, that probably indicates experience in that area. Also, does the lawyer lecture or otherwise teach law students, or other lawyers? Note any law school faculty positions, or work as a C.L.E. (Continuing Legal Education) lecturer.