Only 48 years ago, the United States Supreme Court ruled that attorney advertising was a right protected by the U.S. Constitution. Before then, the American Bar Association (ABA) forbade it.
Today, there are more than 1.3 million lawyers in the country. Between 2017 and 2021, attorneys spent $6.8 billion on advertisements.
Can you trust these ads?
Our Perspective: Without Action, Words Mean Nothing
The truth is, it’s difficult to separate the good attorneys from the bad using advertising alone. David W. Craig, managing partner of Craig, Kelley & Faultless, recently published a book on this, aptly titled It’s Never Been Easier to Hire the Wrong Attorney.
If you hire a lawyer because you like their commercials, but you don’t conduct further research into their experience and qualifications, you are making a mistake.
“It’s really scary to think that you’re putting this trust and faith in this lawyer, and you don’t know anything about them,” David said to social worker Abigail Hays during an episode of his podcast, After the Crash.
A lawyer doesn’t have to be good, reliable or experienced to advertise their services. Anyone can rent a billboard. This is why it is vital that you look beyond advertising before choosing a lawyer to represent you in a legal matter.
Advertising is not bad; it’s part of business. But it cannot be taken at face value. It must be supported with proof of success.
Blocking Out the Noise to Find the Right Lawyer
Our media-saturated world can be pretty noisy.
Ads are everywhere: on web pages, between social media posts, in public restrooms, on the sides of buses and taxis. Sometimes, it is easier to tune them out.
But if you find yourself with a legal issue — whether you have been injured in a wreck, are fighting for custody, or need help planning your estate — these ads might become an important resource.
Luckily, even though it’s never been easier to hire the wrong attorney, it has also never been easier to find the right one.
There is a wealth of information at your fingertips. The trick is knowing which pieces of information matter when searching for an attorney.
Red Flags to Watch Out for When Hiring a Lawyer
Here are a few signs that the lawyer you’re researching is not the one for you.
They won’t speak with you personally.
You should know who will be handling your case, and there is no better way to get to know a lawyer than by sitting down and talking to them. If you’re considering hiring an attorney, but they won’t make time to meet with you, alarm bells should ring in your mind.
It’s taking way too long for them to call you back.
Say you left a voicemail or an online message for a specific law firm. If it has been more than one business day, and you haven’t received a response, you should reconsider.
At Craig, Kelley & Faultless, our intake specialists respond to inquiries within five minutes of receiving them. After business hours or on weekends, David Craig and his wife, Dana, monitor calls and online inquiries to respond to people as soon as possible.
Your attorney and their firm should make time for you.
They contacted you first.
Attorneys are held to a code of ethics, and personal solicitation is strictly off limits. While lawyers can advertise their services to the general public, they cannot reach out to individuals. This could mean directly or indirectly providing potential clients with business cards.
Sometimes, attorneys will lie and send people to hospitals claiming to be victim advocates. They will provide the family with copies of the police report and encourage them to call a specific attorney. The everyday person may not know it, but this is unethical behavior. Attorneys who rely on personal solicitation should not be trusted.
Green Flags That Point You in the Right Direction
It is a good sign if the attorney you’re researching possesses these attributes.
They treat you how YOU want to be treated.
You probably know the golden rule: treat others the way you want to be treated. At Craig, Kelley & Faultless, our philosophy is a bit different. Managing partner David Craig believes clients should be treated the way they want.
No two clients are the same. They have different priorities and experiences. Some clients are recovering from limb amputations, some suffer from post-traumatic stress disorder, and some are grieving the death of their spouse or child.
It is crucial that an attorney assesses each client’s needs and caters to those needs. We are here to help you.
They can back up their claims with qualifications and expertise.
If you have seen advertisements where a lawyer says they are the best for your case, that could be true. But it could also be wrong, and hiring them could be detrimental. If an attorney is prepared to discuss their experience and qualifications with you, that is a green flag.
Board certification is one of the best qualifications. If an attorney is board certified in their area of law by the National Board of Trial Advocacy, it means they have been thoroughly vetted and are experienced.
They don’t force their clients to settle.
In personal injury lawsuits, the goal is a satisfactory amount of financial compensation being awarded to the plaintiff (the injured victim). The client should always have a say about whether their case is settled or taken to trial.
Again, because every client has different needs, a case’s resolution depends on that client. For example, in his 38-year career, David Craig has seen clients settle for less money if it means they can make a change. They care about preventing other families from facing tragedy.
“Over my career, we have gotten cross guards out at crosswalks where little kids have been killed,” David said. “We’ve had stop signs placed in the right places in traffic so wrecks wouldn’t occur. We’ve had trucking companies change their sleep policies so that their drivers wouldn’t drive drowsy or fatigued.”
Ask David: Episode 60 of After the Crash With Abigail Hays
David Craig is the managing partner and a founding member of Craig, Kelley & Faultless, a personal injury and wrongful death law firm. He authored It’s Never Been Easier to Hire the Wrong Attorney with Abigail Hays, a licensed social worker who graduated with her master’s degree from Ohio State University.
Abigail is passionate about helping people fight for their rights, and she has experience working with survivors of trafficking, exploitation and other traumatic experiences. While finishing her master’s program, Abigail worked at Craig, Kelley & Faultless, answering phone calls and assisting around the office.
She and David discussed It’s Never Been Easier to Hire the Wrong Attorney during a recent episode of After the Crash, David’s free podcast. Ranked the third-best personal injury podcast by FeedSpot, After the Crash educates and empowers listeners.
Abigail asked David questions about the book, his experience as a lawyer, and what this project means to him during episode 60.
Want to Know More? Check Out These Resources
Everything in this article — and even more — is discussed at length by attorney David Craig in It’s Never Been Easier to Hire the Wrong Attorney, available on Amazon.
To hear from the authors themselves, check out David and Abigail’s episode of After the Crash. Dozens of other episodes are available to listeners for free on YouTube and streaming platforms.
Check out David’s “Red Flag” series to learn more ways to spot the wrong law firms or lawyers.
Learn more by following Craig, Kelley & Faultless on Facebook, LinkedIn and YouTube.
The attorneys at Craig, Kelley & Faultless are nationally recognized and have helped clients across the country recover from life-altering wrecks. They are prepared to fight insurance companies and motor carriers on your behalf.
For a free case consultation, contact the team at Craig, Kelley & Faultless today by calling (800) 746-0226 or submitting an online form.
David W. Craig is a nationally recognized truck accident lawyer who sits on the Board of Regents of the Academy of Truck Accident Attorneys. He is board certified in Truck Accident Law. He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. He was the recipient of the National Thurgood Marshall “Fighting for Justice” Award for his work helping victims of truck wrecks. David is the author of Semitruck Wreck, A Guide for Victims and Their Families, written to help people navigate a terrible situation by answering questions that come after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow Indiana law safety protocol regarding speed, weather conditions, maintenance upkeep, etc.
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