Legal Traditions and Skills of a Successful Personal Injury Lawyer

Personal Injury Lawyer Indianapolis, IN

A personal injury attorney Indianapolis, IN relies on wears many hats. Through the centuries we have acquired many titles, a majority of which have been handed down from the olde English traditions of court. The term barrister, shortened for barrister-at-law or bar-at-law, is an honorific title describing a legal scholar who advocates inside the court room, pleading cases directly to the judge or jury. We may call them trial attorneys, attorneys or counselors-at-law. Traditionally they would don a horsehair wig and unique robes that would identify them as a barrister

Also, from the English common law legal traditions, a solicitor, often referred to as a lawyer, is a legal practitioner who enjoys direct interaction with the clients. A solicitor advises their clients and deals with the day-to-day management of a legal case. They too may wear a wig when supporting the barrister in the courtroom, but their distinct robes identify them as solicitors. A few countries that still make the English common law distinction between the titles of barrister and solicitor include South Africa, Wales, Scotland, Scandinavia, India, Pakistan and Bangladesh. In other countries with common law traditions such as New Zealand and parts of Australia, the lines between a barrister and solicitor have blurred over time and a lawyer may hold both titles of barrister/attorney and solicitor/lawyer.

Our uniquely American legal traditions, though born from the common law model, do not draw the distinction between barristers/attorneys and solicitors/lawyers. A personal injury lawyer or attorney should have the experience and be very qualified to act in the following capacities:

  1. A good personal injury lawyer is a factfinder or investigator of facts. It is only when the facts are established can your attorney make the decision if your claim should move forward.
  2. A personal injury lawyer acts as an advisor to their clients. When you hire a lawyer to represent you in your cause for action, you have put your faith in the advice of a legal advocate who can see your claim from many angles and counsel you about how to proceed with your claim, i.e. would it be in your best interests to negotiate a settlement or take it to trial?
  3. A talented personal injury lawyer is a negotiator. There is an art to negotiating a successful settlement with your adversaries. It begins with the respect of your peers.
  4. Finally, a skilled personal injury lawyer is a litigator and lays the groundwork for litigation from day one, always leaving open the possibility that a successful negotiated settlement may not transpire; your injury attorney knows if and when a case should go into litigation and has the skills to try your case before a judge and jury.

 

 

Thank you to our friends and contributors at Ward & Ward Law Firm for their insight into personal injury.