The Arizona Bar which sets the ethical rules for practicing law in Arizona recently made it easier for big out of state money to operate in Arizona, and we’re all seeing the consequences. They wanted to make it easier for people to access justice, but the flood of ads makes it hard to find a quality lawyer you can trust. 

If you are searching for an attorney, here are some red flags to help you avoid a poor match that might waste your time, money and energy.

Red Flag 1: They’re NOT an attorney

Many attorney ads in your social feed are not actual law firms. They’ll have misleading hooks like, “don’t sue the other driver, do this instead” or “this new program in Arizona can get you hundreds of thousands of dollars.” Or even, “before you call an attorney, call us.” But if you look at the disclaimer at the bottom of the ad, it states that they are collecting your information to sell to an attorney. So, after that process you’re connected to whichever attorney was paying them for leads.

Solution: Avoid paid social media ads. Talk to friends and family or search reviews for law firms with good reputations.

Red Flag 2: Pushing you to sign their contract before you speak with an attorney

Only an attorney can ethically give you legal advice. When hiring an accident attorney, you need actual legal advice on the best way to fight your case. This will depend on who hurt you, the circumstances, and what forms of insurance might be present. There can be make or break issues like different statutory deadlines based on if the cause of your injury was a person, business, or government. You should only trust an experienced personal injury attorney, not an intake specialist or chatbot.

You also will probably need legal advice on the contract you’re signing to hire the firm. An attorney will explain and interpret the contract, so you know what each side is agreeing to do and you can enter the agreement willingly. A non-lawyer can send you a contract, but they’re on shaky ground if you have follow up questions and they try to answer.

Solution: If you’re considering hiring a law firm, make sure you get a chance to meet with an attorney to discuss the case first. It will help you understand and prepare for the process and that’s best for both of you! It also ensures the attorney reviews your case in a timely manner to make sure there’s no risk of missing the statute of limitations date, ruining your case. 

Red Flag 3: Overly Complex Fee Agreements

The vast majority of personal injury cases are handled on a contingency basis. Here in the Phoenix area this used to be pretty straightforward and would look something like this: if the attorney wins a settlement for the client, the attorney gets paid a percentage of the settlement funds. If the attorney does not win, the client doesn’t owe the attorney anything. The law firm pays the expenses up front (expert fees, the cost of obtaining police reports and medical records, court filing fees, etc.) and gets reimbursed if they win a settlement. And there is typically an admin fee which covers the fixed costs of doing business.

How much does the attorney get paid? Typically there are different rates for pre-litigation and litigation. The justification for this is litigation is complex and requires drastically more paralegal  and attorney time, as well as higher upfront costs. This can add up to a significant financial risk for the law firm.

Still, it makes sense for the law firms to take on the financial risk because they want the clients to feel free to collect the evidence needed to prove their case and access the medical providers they need to recover. It costs thousands of dollars to have an expert download the blackbox data from a car, but if that’s what it takes to prove the severity of an accident and establish liability then it needs to be done. The alternative is the insurance would probably try to bully you into accepting a lowball settlement which would hurt you and the attorney.

Sadly, we’ve seen some fee agreements back away from this traditional balance and try to charge an exorbitant high fee percentage or do shady things like charge the client interest for costs fronted by the firm.

Solution: when hiring an attorney, be sure to understand the structure of the fee agreement. Again, this is something the actual attorney should discuss, not an intake specialist. We strongly believe for the vast majority of personal injury cases the law firm should cover the costs up front and bear that risk without junk fees or charging interest. The percentages for pre-litigation rates should stay close to that traditional ⅓ mark and litigation rates will be higher but should still be fair based on the level of service provided. 

Red Flag 4: Consistent Negative Reviews

Google reviews are an excellent way to get an idea of what working with an attorney will be like. Every firm will have some five star reviews and some one star reviews. But it’s helpful to see what is consistently mentioned. If multiple positive or negative reviews report the same thing, like communication or the lack thereof, it’s more likely that you might experience that as well.

Solution: If a firm comes highly recommended, but an issue consistently shows up in reviews, discuss it when meeting with the attorney. Sometimes there is a mismatch of expectations, so discuss it ahead of time to make sure you and your attorney are on the same page.

Red Flag 5: Bad vibes or personality mis-match.

Even straight forward cases can take months to resolve, so it’s important to have a good working relationship with your attorney and paralegal. Trust and the ability to give and receive honest feedback is key.

Solution: when choosing an attorney, make sure they’re truly listening and understanding your perspective, and not just checking boxes. Also consider the experience of the paralegal who will be assigned to your case, because they’ll be communicating with you throughout the case. Ideally the firm you hire has experienced support staff with a low turnover rate so you’re not bouncing between different people playing catch up. 

Bonus Red Flag: Is this person a flight risk?

After you spend months recovering from your accident and the attorney fights to recover your settlement, it could amount to hundreds of thousands of dollars. The insurance company doesn’t give it directly to you, the check is deposited in the attorney’s trust account to ensure they pay the lienholders involved. So be mindful of who you choose to trust to represent you and handle your money! 

Solution: Use your judgement and the tips listed above to find an attorney you can trust who has ties to the community and a clean track record. Ideally you’ll find someone who is experienced, has the resources to aggressively fight your case, and can provide a supportive experience while you recover from your accident.

Why do these red flags matter?

Whether you choose our firm, or another, it’s important to start the relationship with trust and an understanding of the process. 

Using trusted resources like friends and family or unbiased research is a much better way to find injury attorneys than social media ads or other paid advertisements. 

Actually meeting with a real attorney before making a decision is key, because only an attorney is qualified to look at your specific case and advise you.

Fee agreements should be clear and fair. On standard personal injury cases, we don’t feel it’s justified to charge more than the traditional one third for pre-litigation or to charge interest on costs.

Ultimately, you’re looking for a trusted professional to navigate a confusing system, fight for the compensation you deserve, and help you recover your health to as close to your pre-accident level as possible. That relationship is going to work best for you and your attorney if you’re on the same page in terms of expectations for how the process works, how long it will take, and what each party needs to do on their end. 

If you’re searching for an accident attorney in Arizona, there are many good ones to choose from. Hopefully this list gives you some tools for avoiding the ones that might not be the best fit. And if we can be of any assistance, just give us a call to review your accident with an attorney.