Hiring an Eminent Domain Attorney
♫ Wednesday, March 9th, 2011If you never had the need to look for an eminent domain law firm before, finding one can seem like a daunting task. There are several key attributes that capable eminent domain law firms in California should possess. Knowing these can help you narrow down the list of firms that may come up during your search. Consider these top 3 criteria when determining which eminent domain attorney to hire:
1. Experience
Consider the following questions when calculating the level of experience an attorney has:
1. How many eminent domain cases have they handled?
2. How many eminent domain cases have they taken to trial?
3. How many eminent domain cases have they handled on the appellate and State Supreme Court level?
4. What types of properties have they handled?
5. What types of issues have they dealt with?
6. Which states have they taken cases?
Question your potential attorney, and have them review your appraisal and conduct a case evaluation. An experienced eminent domain attorney will accurately assess and explain your damages and, in most cases, estimate the amount owed to you.
You should know that only a small percentage of eminent domain cases go to trial, and when an attorney takes your case, they won’t know whether or not it will proceed to trial. However, a good eminent domain attorney will plan their strategy around going to trial and will therefore be prepared in the event that this occurs. If your case goes to trial, does your attorney have the experience necessary to persuade a judge and jury? Are they planning appropriately and are they willing to go to trial?
2. Are They Looking Out for my Best Interest?
Hiring an attorney who works both sides can result in a conflict of interest scenario; the attorney has worked for the government in the past and/or is friendly with the condemning authority’s attorney. There are many good attorneys who represent both the condemning authority and the property owner, so be aware of this situation and decide whether or not you are comfortable with it before hiring an attorney.
Keep in mind that hiring a local attorney who has only handled a few eminent domain cases can result in a similar situation. This attorney might have ties to the local government, which could put undue pressure on this attorney to settle the case.
3 – Set Expectations
In addition to understanding the issues surrounding your case, you should know how much money you are entitled to receive. A knowledgeable eminent domain attorney will discuss their strategy with you; tell you how much money they are pursuing and what the estimated final award of damages will be. If you expect your attorney to take your case to trial, then make sure you hire a trial lawyer.
Lastly, whether or not you hire an attorney to challenge the government’s right to take, to pursue an inverse condemnation claim, or to pursue additional damages, you should know that in some states, attorneys fees and costs could be paid for by the government. Read more about eminent domain and the eminent domain laws in your state.
The attorneys at Oliver, Sandifer, & Murphy are highly accomplished trial lawyers and determined negotiators whose practice is exclusively focused on all aspects of eminent domain, California easement, and condemnation proceedings. They are recognized as the premier California eminent domain firm, and are credited with having the knowledge, experience, resources, and determination to vigorously represent our clients in all eminent domain and condemnation matters. Their single goal is to achieve the greatest results and success for clients, and to do so efficiently and effectively. Oliver, Sandifer, & Murphy are California eminent domain lawyers and condemnation attorneys serving clients statewide from offices in Los Angeles and the San Francisco Bay area. You may contact them by calling.
