On Hiring Attorneys
As more evidence of SCE’s culpability in the Eaton fire emerges, survivors are navigating how to engage the right attorneys to represent them in a mass tort. Below are some guidelines to help you make an informed decision on who to go with. They have been gathered from experts, experienced wildfire litigators, and former wildfire plaintiffs. At the bottom you’ll find a list of questions to ask before deciding who to engage.
Only hire a firm that has extensive experience specifically in wildfire litigation. You wouldn’t want a foot surgeon operating on your heart. It’s similar here. A wildfire lawsuit is extremely nuanced and complex, and a personal injury lawyer or someone with differing expertise may miss critical things in your case.
Your settlement will directly depend on who prepares your damages claim, so ask about them. Hint: It may not be the lawyer whose name is on the masthead. In a mass tort, the liability (whose fault it is) remains the same, but the damages, (what specifically YOU should get from SCE for your physical losses, emotional distress, etc), will be specific to your situation. The person preparing your specific claim is one of the most important relationships you’ll have in the case. If they aren’t attentive to detail or experienced in wildfires, they could prepare a damages report that is lackluster, directly resulting in your payout shrinking.
A fee of 25% is normal. Some may charge more, but know that top tier counsel who are local to Los Angeles, with extensive wildfire experience and high level settlements are currently taking 25%, so don’t fall for the old “you get what you pay for” line when someone is trying to charge you more than 25%.
They shouldn’t be overloaded. Ask how many Eaton fire cases their firm plans to take on, and remember that the more overloaded they are, the less capacity for details they will have. Don’t go with a case farm.
Your lawyer should never touch your insurance money. Your lawyer should only be paid out of the settlement they secure for you, NEVER from your insurance money.
They should help you navigate your insurance. It is standardly baked into a wildfire attorney’s services that their office helps you navigate your insurance process. Ask them who will help you do that, how much experience that person has, and never allow them to charge you extra for that.
Experts cost extra. Firms will advertise the fleet of experts they have on call, but know that those experts bill you. Some experts are helpful and necessary to secure a better settlement, but just be aware that in a case like this, you shouldn’t be paying for a million experts when so much information is already available.
YOU HAVE TO TRUST THEM. If a lawyer gives you the ick or tries to upsell you, run. Trust your gut. This is a company you’re going to be dealing with for the next few years. If it feels like you’re being sold a used car, keep it moving.
QUESTIONS TO ASK:
What is your fee? What are case costs? How much are those costs?
Does your firm work alone on these cases, or do you have co-counsel?
Has your co-counsel worked on fire cases before? Which ones? In what capacity?
Where are you licensed?
Are you the lawyer who I will talk to when I call the firm?
If not, who do I talk to?
How many lawyers are a part of your team?
Which lawyer is in charge of my case? What about orking up damages if there is a mediation?
What if I have questions about my insurance? What if I have questions about my lawsuit? Who will answer these?
Which lawyers will decide what my damages are and the amounts to ask for?
Can you help me prepare my personal property/home contents list?
How many Eaton fire cases does your firm plan to take?
How many other cases do you have besides the Eaton fire case?