Q:

Okay, so it is important to hire an attorney who has courtroom experience.  How important is a lawyers win/loss record at trial?

A: Trial experience doesn’t matter if your attorney doesn’t win at trial.  You should pick an attorney who has some good verdicts under his/her belt.  A “win” can be difficult to define because often times the only issue in dispute is the amount of damages that may be owed.  So a “win” may occur if the attorney goes to trial and gets a verdict that substantially beats the insurance company’s last settlement offer.  What is substantial?  Well it depends on the facts of the case.  If there are issues regarding liability (i.e., it’s disputed that the other person is at fault or there are claims you may be partially at fault), then going to trial is more risky then if liability were already established.  The risk of liability has to be factored in when determining a win.  But let’s say liability is undisputed, leaving the amount of damages in question.  If an attorney has some verdicts under his belt where he has beat the insurance company’s last offer by a factor of 3 to 5, then I would call this a big win.  For example, if the last offer from the carrier was $50,000, and your attorney took the case to trial and won $150,000, this would be a big win. 

You should know that most attorneys have very poor skills in court.  Many talk down to jurors or have trouble thinking on their feet.  Because of the intense amount of pressure, many attorneys get flustered in court.  Cross examining expert witnesses takes a very high skill and finesse that most attorneys don’t have.  I also believe there is something “intangible” that the good courtroom attorneys have.  Call it charisma, charm, personality, or presence, most of the good trial attorneys  have something intangible that helps them communicate and build credibility with the jury.  This is extremely important.  Take my husband for example.  When I first met Chris, I thought he was smart, but I had no idea how he might be in court in front of a jury.  But I’ve seen him try at least a dozen cases, and to say I’m impressed is an understatement.  When he’s in court he’s transformed.  He comes across polished yet sincere and genuine.   He builds credibility with the jury from the very start, and persuasively talks about his client’s case.  It’s almost like watching a good actor, but I know he doesn’t “act” in court.  He is himself, relaxed and confident all at the same time.  With cross examination, particularly with the experts, you want an attorney who can skillfully elicit the answers he or she wants to help build the case. 

For those defense experts who are tough, condescending or less than 100% honest, you want a lawyer who’s willing to go for the jugular and expose the expert for the hired gun that he is.  You want a lawyer that has all of these type of skills.  You may not even be able to see them when you first meet the lawyer, but you can certainly ask the lawyer about his/her “wins” and how they believe they were able to get the win in court.  Look at the lawyer’s website and read about past cases.  If you see verdicts that substantially beat the carrier’s last offer, then you know this attorney knows how to win in court.