1. There are so many 'trial' attorneys, how do I choose?
The key inquiry is on 'trial'.  Ask how many trials the attorney has conducted, what kinds of cases, how many days were spent in those trials, and whether the cases were tried to a judge or a jury.  It is common to hear attorneys tout the number of trials they have had, but upon review, the cases may prove to be relatively minor fender benders, slip and falls, or evictions that don't require much skill to resolve.  Similarly, many attorneys are former prosecutors who have spent a lot of time in court processing persons through the penal system in "trials" they could not lose.  Look for someone who has experience in cases similar to your own.

2. Won't a sole practitioner be "out-gunned" by larger firms, and thus give me a disadvantage?
Not if the sole practitioner has allocated the time and resources needed to meet the heaviest litigation schedule.  In my experience, on occasion there are tactical attempts to overwhelm the opposition with paperwork for perceived advantages, but it never works for several reasons:

a)  I rarely have more than ten cases at any one time.  I turn down approximately half of the cases that are tendered either because the case does not meet my criteria: Can I realistically help obtain a reasonable result at a price the client can afford?  Or, I am not confident I have the time available to handle the case.

b) If needed, I hire contract paralegals and attorneys to help manage the paper flow.  Contract help is very cost effective because I don't have to maintain the overhead of the permanent staff.

c) Technology, such as a computer-aided research and database management evens the playing field in terms of quickly finding applicable law and applying it to the facts involved.

d) The legal system itself has procedural safeguards that prohibit oppressive and needlessly burdensome tactics.  Knowing how to use those safeguards blunts those who try to misuse the system.

3. How much will legal services cost? What is the fee structure?
I use a variety of fee structures. The first is a strictly an hourly rate, which depends on complexity, anticipated work involved, number of issues and parties, the novelty of the issue in the case and the amount in controversy.

I also take selected cases on a contingent fee basis.  This means that my fee is a percentage of the recovery, if any, I am able to obtain in the case.  Professional liability cases often fall in this category.

Finally, I consider a blend of the two; a combination of the hourly and contingency fees.  In other words, I reduce the hourly fee and charge the percentage fee.  This arrangement is often useful when cash flow considerations are important, and the case is such that a sharing of risk of recovery between the client and the attorney makes sense.

4. I hear a the terms, mediation, arbitration, and litigation thrown around a lot, what are the differences among them?
In order to minimize the cost of the sometimes very expensive and time consuming legal process, ADR or Alternative Dispute Resolution was implemented.  The idea is simple: instead of using the resources of the court, or juries to hear two sides of an issue, both parties can try to resolve their dispute outside the court system.

Mediation | A proceeding whereby parties, with or without lawyers, present their case in the presence of a mediator, a 'facilitator' trained to focus and guide but not decide an issue.  The parties themselves decide whether or not they settle the case.

Arbitration | A proceeding whereby the parties, with or without lawyers, present their case in to an arbitrator, often a retired judge or experienced attorney agreed upon to decide the case.  Unlike mediation, the arbitrator decides the case. The proceeding is usually more formal and involves the presentation of evidence by both parties similar to a court trial. The parties decide before the arbitration begins whether or not they will be bound to the arbitrator's decision.  Non-binding arbitrations give the parties a look at a probable outcome of their dispute should they go to court and litigate the case.

Mediations and arbitrations are often less expensive than litigation and the Courts encourage what is referred to generally as “Alternative Dispute Resolution” (ADR). Whether mediation or arbitration is cost effective depends on the disputed issues in the case and the settlement positions of the parties. A competent attorney instructs the client on the realities of the case so an informed decision can be made.