The legal system is often criticized for being an old boy’s network. In many ways, this is true, just not how you might think. The real truth is the legal system is one of specialization. If you can grasp this fact, you can narrow down your choice to find the best lawyer for your case.
We are a nation governed by the rule of law. Take a minute to really think about what that means. It means you and I have the right to bring any dispute before a jury of our peers. While a good thing, the simply fact is there are literally and endless number of subjects that can be at issue. One trial might cover the subject of murder while the next covers a patent dispute and the next covers child custody and so on. How are judges and lawyers to stay on top of all of this? They don’t. Instead, the system is set up to favor specialization.
California is often considered to be on the cutting edge of legal issues. It was really the area where the idea of construction defect was perfected from a procedural standpoint in the legal system. What is construction defect? It is a lawsuit brought against a developer for building structures, most often condos, that don’t meet certain standards. The cases are complex because the parties include all the unit holders, the developer and all the subcontractors. On top of that, the problem with the structures can be anything from poor sheet metal work on the roof to soil issues.
How is any judge to deal with all of this? Well, the court system is arranged to let them specialize. A judge will be assigned to handle all the construct defect cases in the jurisdiction of that court system. This means every lawsuit is filed with that judge, worked up and ultimately tried in that courtroom. This allows the judge to become very knowledgeable on the issues in question, which allows him or her to keep things on track and minimize confusion for a jury.
This type of specialization happens throughout the system. It also pertains to attorneys. A family law attorney knows nothing about patent law. A patent law attorney knows nothing about family law. The days of general legal practices are long gone in most areas of the country. To find the best attorney, you need to find ones that are specializing in only the area that you have a case.
Why is this important? Well, the obvious reason is you want someone that knows the issues inside and out. A less obvious second reason, however, has to do with the fact you want a “known force” on your side. If a grizzled veteran known to the judge and opposing counsel walks in to represent you, then you stand a much better chance that someone who is brand new to the specific subject.
If you are in need of a lawyer, make sure to get a grasp of the area of law you are looking at. Next, find the lawyers who specialize in that field and ask for referrals. When you start hearing the same names over and over, you’ll know you’ve found the right lawyers for your case.
By: Thomas Ajava
This entry was posted on Monday, November 9th, 2009 at 6:01 am and is filed under Best Lawyer. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
