How to choose a mesothelioma lawyer

What experience looks like

Asbestos cases involve decades-old exposure, many possible defendants, and dozens of bankruptcy trusts, each with its own rules. A firm that does this work regularly is more likely to:

• keep records of which asbestos products were used at particular ships, plants, and job sites
• know the trust distribution procedures of the major trusts
• know how to schedule testimony quickly and near home when a client is seriously ill
• coordinate with your doctors and, for veterans, with VA claims

Questions to ask

1. How many mesothelioma or asbestos cases has your firm handled in the last few years?
2. Who will handle my case day to day, and how do I reach them?
3. Which states are you licensed in? Where would my case likely be filed, and why?
4. Will you also file trust fund claims for me? Is there any separate fee for that?
5. What is your fee percentage? Is it calculated before or after case expenses are deducted?
6. Who pays expenses if there is no recovery?
7. Will you refer my case to another firm? If so, how will fees be shared, and will I agree to it in writing?
8. How will you protect my time and energy if I am in treatment?
9. If I am a veteran, how do you coordinate with my VA claim?

How contingency fees work

Most asbestos lawyers work on a contingency fee: the fee is a percentage of any recovery, and there is no fee if there is no recovery. Under the American Bar Association's Model Rules, which most states use as a starting point, a contingent fee agreement must be in writing and signed by the client, and must say how the fee is figured, which expenses come out of the recovery, and whether those expenses are deducted before or after the fee is calculated (Model Rule 1.5(c)). Each state adopts its own version, so details vary. Wherever you live, ask for those answers in writing before you sign.

Checking a license

Every state's highest court or bar keeps a public record of licensed lawyers and any public discipline. Search the lawyer's name on the licensing site for each state where they say they practice, and confirm that the license is active. If your case may be filed in another state, ask whether the lawyer will work with local counsel there.

Warning signs

• a promise of a specific amount or a guaranteed result
• pressure to sign during the first call
• reluctance to put the fee agreement in writing
• asking you to pay money up front for a contingency case
• unsolicited in-person or phone contact when you did not reach out (state rules restrict this)

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