Monday, February 9, 2015

Local Representation is Best - Here's Why!!

Very often we will receive phone calls from people that have hired attorneys that are not from the Upper Peninsula or even from Michigan.  Usually, these people have had very little contact with their attorney and often are unhappy with the current representation that they are receiving from these attorneys.  What they want is advice from us telling them to fire their attorney and assuring the caller that we will represent him or her.  Unfortunately, we can’t do that.  

According to the Michigan Rules of Professional Conduct, a lawyer shall not communicate with a person the lawyer knows to be represented in the matter by another lawyer.  (MRPC 4.2)

We represent many people with pending Social Security disability cases.  These people are waiting for a hearing and often the wait can be 12 to 18 months.  As you may see on TV, there are many law firms that advertise nationally for Social Security disability cases.  Because it is federal law, a lawyer does not have to be licensed in the state in which they represent someone for a social security disability case.  Therefore, they will advertise nationally, take just about every single case that comes in through their phone line and then once the hook is in to the client, won’t do a very good job of representing the client.  

Just recently, I had a woman call me who was waiting for a decision on her Social Security disability case.  She hired a national firm out of Texas.   When it was time for her hearing, the Texas firm did nothing for her.  She had to track down all of her medical records and submit those.  Then, no one met with her to prepare her for the hearing.  Instead, the Texas firm, hired a Marquette lawyer to go to the Social Security office and sit next to the woman during her hearing.  This lawyer had never met her and had never reviewed her file.  Then, she called us worried that her case was screwed up and wanting help.  Unfortunately, I couldn’t give her advice because she was already represented and I couldn’t tell her I would represent her should she fire her Texas attorney.  It was too late for me to jump into the case, as well, when I didn’t get a chance to look at her file, prepare the medical, and of course, meet a few times and prepare the client for the hearing.  

The short version of this is to warn people to be very careful before hiring a lawyer. While it may seem appealing to hire a big national or state wide law firm, it is often not the best avenue.  Lawyers that practice in the Upper Peninsula have a unique knowledge of the area, the people here, the judges and courtrooms and the procedures.  In addition, most local lawyers care about the people in their own community and want to do what is best for them.  Whether you want to hire Upper Michigan Law or not, please think twice before you hire a firm out of the area.  

Jessica Bray

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