Who is the 'best' personal injury attorney in Minnesota? There isn't one.

Picking the 'best' attorney in Minnesota isn't what you may expect

My name is Lucas Wynne and I am an attorney who serves clients throughout North Dakota and Minnesota. This article is part of an ongoing LinkedIn-exclusive series on Minnesota's personal injury laws. If you have been injured, involved in an auto accident or need some help and live in the state of Minnesota, call me at (701) 478-2929 for a free consultation.

Attorneys in Minnesota cannot make unsubstantiated comparisons

When I have my car fixed, I always ask for Rudy. Rudy is my go-to mechanic for making sure that my car is fixed properly and within a reasonable budget. Rudy is the best and I tell other people he's the best. When people ask Rudy if he's the best, he answers "yes." If Rudy's employer wanted to advertise how great Rudy is, he could put a massive billboard in the middle of town that read "Rudy, the World's Greatest Mechanic," and that would be perfectly fine.

If you're like me, you always want "the best." You go to the "best" restaurant, movie theater, mechanic and other businesses in your area. Naturally then, when you run into a serious legal problem, you will want the "best" attorney to represent you. The problem? Attorneys in Minnesota cannot refer to themselves as "the best" or make similar, comparative statements because doing so would be a violation of the ethical rules to which all attorneys are bound.

Why attorneys cannot claim to be "the best"

Rule 7.1 of the Minnesota Rules of Professional Conduct states "[a] lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false or misleading if it contains a material misrepresentation of fact of law, or omits a fact necessary to make the statement considered as a whole not materially misleading." The comments of the rule provide that ". . . an unsubstantiated comparison of the lawyer's services or fees with the services or fees of other lawyers may be misleading if presented with such specificity as would lead a reasonable person to conclude that the comparison can be substantiated." In other words, an attorney cannot claim to be better than other attorneys.

Although the comments go on to state "[t]he inclusion of an appropriate disclaimer or qualifying language may preclude a finding that a statement is likely to create unjustified expectations or otherwise mislead the public[;]" it would be virtually impossible for an attorney to skirt the rules by making a television, radio, print or billboard ad which read "Minneapolis' Best Personal Injury and Criminal Defense Attorney" with a small disclaimer that stated the attorney wasn't actually the best.

Of course, there are some claims that an attorney can make which may be substantiated. For example, an attorney could claim they have 40 years of experience, the largest staff in Minnesota or a winning smile. Although we could debate whether their smile truly is winning, the other claims can be substantiated. Accordingly, if found to be truthful, these claims would not give rise to an ethical violation by the attorney (assuming they do not mislead individuals to expect a certain outcome, which, again, is a topic for another day).

Beware of accolades that are bought and sold

If you cannot find "the best," then what's the next best thing? For many, accolades may be an indication that an attorney is of the highest caliber. But do you realize that many of the accolades touted on attorney websites have been purchased by the attorney rather than awarded based purely on merit?

You may have seen an attorney website or two in which an attorney claims to be a "SuperLawyer," "AV-Rated" or a "Million Dollar Advocate." Although some (not all) of these supposed honors require a certain degree of vetting, each is part of a pay-to-play system. Do be deemed a SuperLawyer, become AV-Rated or call oneself a Million Dollar Advocate, the attorney must first pay the company that administers the designation to participate. (Don't even get me started on Avvo.com ratings.)

Let's go back to my example with Rudy, my mechanic. Rudy is a great mechanic. But what if Rudy's co-worker Dave is a marginally skilled mechanic who paid an organization to dub him "SuperMechanic"? Would that make Dave better than Rudy? Of course not. I would still trust Rudy over Dave because I know that Rudy is better, even if Dave has an accolade that he purchased. The same goes for attorneys - these designations are nothing more than products that have been purchased by the individual using it in an attempt to find more clients.

Real certifications mean something

Although the details are best reserved for a future post, suffice it to say that Minnesota attorneys cannot make an unsubstantiated claim that they are a specialist in a certain area of law. In order to call oneself a specialist, an attorney must seek certification from the Minnesota Board of Legal Certification in their particular practice area. These certification programs are administered by various organizations that are important to attorneys and hold some authority over the manner in which Minnesota attorneys practice law (for example, the Minnesota State Bar Association is one such organization).

If you have made it this far, I am sure you are asking yourself whether being a certified specialist means that an attorney is good or better than other attorneys. In my opinion, the certification demonstrates that an attorneys has 1) Experience; 2) An understanding of the area of law; and 3) Competence in the law. The specialist certification goes to credibility but not necessarily towards potential outcome. In my opinion, certification is a helpful tool but should not be the factor upon which you select an attorney. There are many attorneys who have not been certified as a specialist who I may be more inclined to choose to represent me over those attorneys who are certified specialists. Similarly, there are many attorneys who have been certified as a specialist who I may be more included to choose to represent me over attorneys who are not certified specialists.

As a note, I will say this - being a certified specialist is a much better designation than those which are bought and sold.

So, who should you hire?

When you need an attorney, you should base your decision on what is important to you. If you are facing a family law issue, personal matter or minor injury, then it might be prudent to pick an attorney who provides you with a high level of customer service and has a reassuring demeanor. If you are facing a criminal law issue and your freedom is at stake, picking an experienced litigator with a history of positive results would be wise. If you have a unique issue that treads into new territory, picking a smart attorney with the ability to understand your story and find a solution to your problem would be a solid choice.

No matter who you choose, always take advantage of a free consultation. Although the number of attorneys who offer in-person consultations free of charge (I do and many other attorneys practicing personal injury do as well) may be limited for certain practice areas, most will offer a free phone consultation. The free phone consultation is a way for you to determine if you like the attorney and the attorney to determine whether your case is worth their time and effort. If the attorney you speak with cannot take your case, they may provide you with a referral to another attorney with the experience you seek - and having a referral from somebody "in the business" is likely a much better way to select an attorney than conducting a random web search. A word of caution, however - do not count an attorney out if they charge for a phone consultation. Charging for a phone consultation may be an indication that an attorney already has a solid client pool, which could be a positive. (Then again, it could mean they have so many clients that you will be neglected. Make a good judgment call.)

Free advice and free consultations

Having been a victim of personal injury myself, I love to help people answer their legal questions. I hope that you never find yourself involved in an auto accident. If you do, give me a call at (701) 478-2929 to discuss your case.

Disclaimer: This blog is not intended to provide you with legal advice regarding your specific case. Each case is unique. You should retain an attorney to help you with your case. Lucas Wynne is an attorney with Wynne Law, 26 Roberts St N, Ste B-109-1, Fargo, ND 58102.