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Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 3001
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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My question is in regards litigation. I was recently involved

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My question is in regards litigation.

I was recently involved in a criminal case which was eventually deemed a false arrest and dismissed. I would like now to sue--the city that is, or the police. I am trying to decide on two very reputable--but very different--civil rights attorneys. One has thirty years experience is considered not only one of the best cr lawyers in all Colorado, but the entire country. The other is a individual whose practice focuses solely on civil rights case, and he seems to me like a very capable and movitaved individual, however he is much less experienced. My question is, how much do you think "experience" would play in a situation such as my own--i.e. sueing the city, major lawsuit. The obvious answer would be to hire the more experienced lawyer, however I am thinking that I will be much more comfortable and more at ease communicating with the second lawyer, instead of the first whose resume, and stature, I find rather intimidating.

It is a difficult decision. The benefits of experience are obvious. However, I agree with you that being able to communicate and being comfortable with a lawyer is extremely important. Your relationship with your lawyer is similar to that you must have with a doctor. If you are not able to communicate freely, openly, and honestly with your doctor, and if your doctor does not pay attention to your needs, you may not get the right diagnosis or treatment, even though the doctor is the best doctor in the world. So, if it were me I would go with the person whom I felt most comfortable dealing with. I am sure cost is a factor as well. It is likely that the less experienced lawyer would charge you less. And if you go with the more experienced lawyer, and he is charging you an arm and a leg, and does not communicate with you, you are no doubt likely to feel completely frustrated throughout the process, even if the lawyer ultimately wins your case.

This is really a personal decision that no one else can make for you. You must go with your best judgment. I can only offer my opinion that being able to communicate with your lawyer is extremely important and should be given great weight in your decision.

I wish yo luck.

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