“If your only tool is a hammer then you view every problem as a nail.” For those attorneys that are only experienced in state court they are not very likely to consider filing in federal court.
Far more attorneys practice law in state courts rather than in federal court. However, those that practice in federal district courts are almost always admitted to a state bar.
But all things being equal on a civil action where I am the plaintiff, I would prefer an attorney that works and has practiced in both arenas. If your attorney is not admitted to practice in federal court he will always file in state court. I would prefer an attorney that has tried cases numerous times in both state and federal court and can make an experienced assessment to determine if you are better served by filing your lawsuit in federal district court or state court (it varies by the case).
But if you don’t investigate this critical question, it is unlikely your prospective attorney will bring the subject up.
Tuesday, March 23, 2010
Subscribe to:
Posts (Atom)
