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How can I know that an attorney is a good litigator.....Can truly present my case convincingly to a jury

New York, NY |

I have signed a retainer with an attorney to take on my podiatric medical Mal. practice case
which has evolved into a legal malpractice case. I am getting the feeling that my attorney is a bit all over the place and am truly concerned about his litigation style....I need to know that he can convincingly present my rather emotional case to a NYC jury.

My case has yet to be filed......What questions can I ask, or what can I do to give myself peace of mind that my case is in the right hands. My suit is worth a considerable potential $ amt. in damages. Any advice/thoughts....?

Attorney Answers 3


  1. I don't want to burst your bubble, but the very best trial lawyers don't take on many podiatric malpractice cases. They tend not to result in very impressive awards. Ask your lawyer flat out how many cases he has tried to verdict and how he has done (most active trial lawyers take a couple cases to verdict every year, and lose at least half of them). And, while your case may be very emotional to you, don't count on a jury buying into your feelings. There may not be any glory in a settlement, but most cases get settled. Of those that don't and go to verdict, most plaintiffs lose.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.


  2. I concur in Mr. Brody's statements. I would also add that one of the most important contributions an attorney can make to your legal situation is to NOT buy into the "emotional" nature of your case. You will cover that end of the matter just fine. Your attorney needs to be substantially more analytical, objective, and capable of accurately predicting how others with no emotional stake in you will assess your claims.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


  3. There is no "style" for litigators.
    Does he seem to know the facts?
    Does he have a good grasp of the law applicable to the particular case?
    Does he have an understanding of the rules of evidence and how they will apply to the specifics of your case?
    Will he be using an expert witness and has he got experience with expert witnesses.
    In particular Ms. McCall's comment about emotions is quite right. And just because the lawyer doesn't see your emotion and exhibit it back doesn't mean he doesn't care about you. It's the case he needs to care about. Keep in mind that some jurors are turned off by too much emotion.

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