Yes, attorneys have all passed the bar exam and took very similar courses in college, but they can be completely different based on several factors. An attorney may very well hate going to court and be an ineffective litigator in the courtroom. This makes them more apt to settle the case instead of asking for more money.
You want an attorney who is not afraid to battle it out to get you the most money possible. As an injury attorney in Melbourne, FL once told me “You don’t always get the most qualified person to handle your case unless you perform due diligence to find out what they are about.
Of course, it depends on the type of law you are involved in too. Many kinds of attorneys handle cases which don’t require you to see the courtroom to get the best outcome. But in personal injury and criminal defense law, having an attorney who strong in the courtroom is a must. That way the opposition knows that your attorney is willing to go the distance and seek much larger outcomes.
Approximately 3-5% of personal injury cases go to court (i.e., proceed to trial). The vast majority—around 95%—are resolved through out-of-court settlements, often during pre-trial negotiations, due to factors like cost, time, and uncertainty of trial outcomes. This statistic is drawn from U.S. Department of Justice and Bureau of Justice Statistics data on tort cases, which include personal injury claims. Note that rates can vary slightly by case type (e.g., higher for medical malpractice) or jurisdiction, but the overall trend holds across studies.
Still, if you happen to be in that 5% group, you will want to have an attorney by your side that isn’t afraid to fight if you want them to go all the way. Read the reviews online or reach out to friends who have had similar cases and see if they vouch for their attorney. These methods are the only way to find an attorney who is the best fit for you.
